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NEW  YORK  CITY  CONSOLIDATION 


ACT  OF  1882. 


AN  ACT 


CONSOLIDATE  INTO  ONE  ACT  AND  TO  DECLARE 


THE 


Special  and  Local  Laws  ' 


AFFECTING 


K  '0  p  C  f 


PUBLIC  INTERESTS 


IN"  THE 


City  of  New  York 


BEING 


Chapteb  410  or  the  Laws  of  1882. 


NEW  YORK: 

C.  ('..  1U  rgoyxe.  Printer,  29  Rose  Street. 
1882. 


NOTE. 


At  the  time  that  the  following  act  was  reported  hy  the  Com- 
mittee in  the  Assembly,  I  caused  some  extra  copies  to  be 
printed,  and,  in  response  to  numerous  inquiries,  some  of  them 
are  now  placed  on  sale. 

Chapter  410  of  the  Laws  of  1882  takes  effect  on  March  1, 
L883,  and  will,  from  that  date,  substantially  supersede  a  large 
mass  of  special  and  local  legislation  relating  to  the  City  of  New 
York,  which  may  be  roughly  described  under  Hie  following 
beads: 

First,  the  laws  as  to  the  powers,  duties  and  liabilities  of  all 
officers  and  departments  of  the  City  Government,  including  the 
provisions  contained  in  what  is  commonly  known  as  "  the 
('baiter;"  second,  the  laws  as  to  all  courts  and  local  officers,  and 
officers  exercising  their  powers  specially  in  this  city,  though 
not  technically  officers  of  the  City  Government;  third,  as  to 
taxation,  assessments,  opening  and  closing  streets,  changing 
grades,  &c. ;  fourth,  as  to  piers,  wharfage  and  the  waters  of  the 
harbor;  fifth,  as  to  fences,  auctions,  amusements,  buildings, 
tenement  and  lodging  houses,  fires  and  their  prevention;  sixth, 
as  to  immigration,  pilotage,  the  portwardens,  protection  of 
sailors,  &c;  seventh,  as  to  births,  deaths,  health,  duties  of  phy- 
sicians, &c. ;  eighth,  as  to  elections,  mechanics'  liens,&c. ;  ninth, 
as  to  crimes  and  procedure;  tenth,  as  to  the  commitment  of 
children  and  others  to  charitable  or  reformatory  societies  and 
institutions. 

This  act  is  the  result  of  much  careful  labor.  In  1879,  by 
chapter  53G,  the  Legislature  provided  for  a  compilation  of  the 
laws  which  form  its  basis.  The  corporation  counsel,  Mr.  Wil- 
liam 0.  Whitney,  Mr.  Peter  B.  Olney  and  myself  became  com- 
missioners under  that  act  and  prepared  a  Compilation,  which 
was  presented  to  the  Legislature  in  1880  in  t  wo  printed  volumes, 
containing  nearly  2,200  pages.    By  chapter  595,  of  the  Laws  of 


that  year,  this  Compilation  was  declared  to  contain,  pre- 
sumptively, all  special  and  local  laws  affecting  public  interests 
in  force  in  the  City  of  New  York  on  January  1,  1880,  and  as 
such  was  authorized  to  be  cited  in  the  Courts. 

Under  chapter  594,  of  the  same  year,  the  same  persons  were 
constituted  commissioners  "  to  revise  all  the  special  or  local 
laws  affecting  public  interests  in  the  City  of  New  York  which 
shall  he  in  force  at  tbe  time  such  commissionei-s  shall  make  their 
final  report,  or  at  such  time  prior  theretpas  said  commissioners 
shall  find  advisable.  In  making  such  revision  the  said  commis- 
sioners shall  not  make  any  change  in  the  meaning  of  existing 
laws,  but  shall  seek  to  simplify  and  to  mould  into  consistent  acts 
all  existing  statutes  upon  matters  embraced  in  such  special  and 
local  laws.  They  shall  not  include,  in  such  revision,  any  special 
acts  relating  to  corporations  or  societies,  except  such  as  are  en- 
titled to  receive  money  from  the  city,  or  those  to  whose  care 
children  or  criminals  are,  under  existing  laws,  committed." 

In  May,  1SS1,  the  commissioners  submitted  to  the  Legislature 
a  draft  of  the  revision  in  a  large  volume,  in  which  the  draft  and 
the  acts  upon  which  it  was  based  were  printed  upon  facing 
pages. 

The  Legislature  of  that  year,  by  chapter  537,  expressly  re- 
pealed several  hundred  acts  and  parts  of  acts  which  the  com- 
missioners had,  in  the  preparation  of  the  compilation  of  1880, 
treated  as  repealed,  or  in  effect  superseded. 

By  chapter  572,  of  the  Laws  of  the  same  year,  the  commis- 
sioners were  directed  to  report  to  the  Legislature  of  eighteen 
bundled  and  eighty-two  their  final  draft,  incorporating  therein 
the  legislation  of  1881.  The  present  act  embodies  that  final 
draft. 

There  was  passed,  in  1813,  ''an  act  to  reduce  several  laws 
relating  particularly  to  the  City  of  New  York  into  one  act.*' 
That  is.  I  believe,  the  only  authorized  attempt  ever  made  to 
consolidate  the  public  acts  relating  to  the  City  of  New  York. 
The  late  Hon.  Henry  E.  Davies  in  1855  prepared  a  "Compila- 
tion of  the  Laws  of  the  State  of  New  York,  relating  particularly 
to  the  City  of  New  York.  "  In  1862  Mr.  Valentine,  the  Clerk  of  the 
Board  of  Aldermen,  prepared  a  work  under  the  same  title.  Hon. 
Murray  Hoffman  published  in  1865  a  "  Digest  of  charters,  stat- 


3 


utes,  and  ordinances  of  and  relating  to  the  Corporation  of  the 
City  of  New  York.*'  Though  each  of  these  works  was  pub- 
lished  at  tin1  expense  of  the  city,  and  prepared  at  the  request  of 
its  authorities,  none  of  them  ever  had,  T  believe,  any  statutory 
recognition.  It  therefore  remains  true  that  the  Act  of  1818 
was,  before  the  passage  of  the  Act  of  1882,  the  last  authorized 
consolidation  and  revision  of  the  laves  relating  to  this  city. 

In  submitting  their  draft  to  the  legislature  of  1881,  the 
Commissioners  said: 

;  1  This  act  [of  1880 1  requires,  it  will  be  perceived,  that  we 
shall  not  make  any  change  in  the  meaning  of  existing  laws, 
but  shall  seek  to  simplify  and  to  mould  into  consistent  acts  all 
existing  statutes  upon  matters  embraced  in  1  the  Special  or 
Local  Laws  affecting  Public  Interests  in  the  City  of  New  York.' 
We  have  endeavored  strictly  to  conform  to  this  provision, 
though,  of  course,  we  have  had  sometimes  to  adopt  one  of  two 
or  more  possible  constructions  of  a  statute  or  statutes.  *  * 
We  have  not  changed  the  language  except  where  it  seemed 
necessary  in  combining  together  two  or  more  provisions,  or 
where  the  nature  of  the  case  absolutely  required  it.  The  conse- 
quence is,  of  course,  that  there  is  not  that  uniformity  of  style 
and  expression  which  would  be  found  if  we  were  preparing  a 
new  statute  ;  but  both  the  law  under  which  we  act  and  our  own 
judgment  lead  us  to  prefer  this  course  rather  than  to  run  any 
unnecessary  risk  of  changing  the  meaning  of  existing  statutes. 

*  *  We  have  treated  some  laws  as  obsolete,  without  being- 
able  to  point  to  the  specific  act  which  supersedes  them,  but  we 
have  done  this  so  sparingly  that  we  may  perhaps  have  exposed 
ourselves  to  the  criticism  of  having  exhumed  dead  and  forgot- 
ten laws.  We  preferred  this  course  rather  than  to  run  the  risk 
of  omitting  wdiat  is  really  useful  and  operative.  Subject  to  this 
explanation,  we  have  revised  only  what  may  be  called  the  active 
laws' — that  is,  those  under  which  something  remains  to  be  done, 
either  constantly  or  at  some  time  or  times — while  we  have 
omitted  laws  which  were  temporary  in  their  purpose,  and  laws 
which,  though  the  basis  of  the  existing  order  of  things— the 
foundation  of  existing  rights — seem  not  properly  the  subject  of 
revision,  as  nothing  affirmative  remains  to  be  done  under  them. 
Such  omitted  laws  embrace  those  which  define  the  location  of 


existing  streets  and  parks  and  the  lines  of  the  water-front, 
which  authorize  the  issue  of  bonds  where  the  authority  has 
been  fully  exercised,  which  authorize  the  erection  of  buildings 
or  public  improvements  which  have  been  fully  completed,  which 
give  the  city  its  interest  in  real  estate,  and  other  similar  acts. 
They,  like  many  general  laws  of  the  State,  are  necessary  to  be 
referred  to  from  time  to  time,  but,  as  we  have  said,  do  not  seem 
the  proper  subjects  of  revision.  Indeed,  a  revision  of  some  of 
them  would  tend  to  do  harm  rather  than  good.  There  are  vari- 
ous State  laws,  more  or  less  general  in  their  terms,  which,  how- 
ever, find  their  chief  application  in  this  city  and  its  vicinity. 
Such  are  the  laws  as  to  quarantine,  emigration,  harbor  masters 
and  shore  inspector.  We  have  inserted  nothing  on  the  subject 
of  quarantine,  but  have  included  those  parts  of  the  laws  relating 
to  the  other  subjects  above  mentioned  which  are,.in  terms,  con- 
fined to  the  city  in  their  application.  We  have  treated  as  com- 
ing within  the  scope  of  our  duties  certain  acts  applicable  to  the 
cities  of  the  State  generally,  but  we  have  not  included  the  gen- 
eral laws  which  apply  to  the  local  officers  of  the  city  equally 
with  other  portions  of  the  State,  as  the  Surrogate,  County  Clerk 
and  District  Attorney." 

The  marginal  references  show  the  chapter  and  section  on 
which  each  new  section  is  based.  The  word  ''Comp."  refers  to 
the  "Compilation  of  the  Special  and  Local  Laws  affecting  Pub- 
lic Interests  in  the  City  of  New  York,  in  Force  on  January  1, 
1880,"  prepared,  as  already  stated,  under  chapter  five  hundred 
and  thirty-six  of  the  Laws  of  eighteen  hundred  and  seventy- 
nine. 

It  will  be  observed  that  the  Act  'contains  no  provision  ex- 
pressly repealing  the  laws  and  parts  of  laws  believed  to  be  su- 
perseded by  it.  The  result  is  that  so  far  as  anything  has  been 
omitted  which  ought  to  have  been  inserted,  the  provision 
omitted  can  still  be  resorted  to;  while  this  act  is,  of  course,  con- 
clusive as  to  what  is  expressly  inserted  in  it.  It  is  intended  after 
a  time  to  advise  the  passage  of  a  law  expressly  repealing  all 
prior  provisions  on  subjects  embraced  in  this  act. 

A  printed  copy  of  the  act,  specially  prepared  to  avoid  engros- 
ser's errors,  was  presented  to  and  signed  by  the  Governor.  But 
by  an  error  of  the  binder,  page  669  was  not  only  inserted  in  its 


proper  place  buf  was  as  passed  also  inserted  in  place  of  page  CD'.*  ; 
the  intended  page  699  being  omitted.  The  error  will,  of  course, 
be  corrected  before  the  act  goes  into  effect;  and  in  order  thai 
these  copies  may  be  finally  corrected  1  have  inserted  both  the 
proper  page  699  and  the  one  wrongly  included.  After  the  error 
shall  have  been  corrected  by  legislature  it  will  be  easy  to  tear 
out  the  latter. 

<;koi;<;k  bliss 


LAWS  OF  1882. 

CHAPTER  410.  ■ 


_A^HNT  ACT 

TO  CONSOLIDATE  INTO  ONE  ACT  AND  TO  DECLARE 
THE  SPECIAL  AND  LOCAL  LAWS  AFFECTING 
PUBLIC    INTERESTS    IN    THE    CITY    OF  NEW 
YORK. 

The  People  of  the  State  of  New  York  represented  in  Senate 
and  Assembly  do  enact  as  follows: 

CHAPTER  I. 
Boundaries  of  City  and  County  and  of  Wards. 

Boundaries  of 

§  1.  The  cify  and  county  of  New  York  shall  contain  the  i  b.s.  <&.<«,  u- 

islands  called  Manhattan  Island,  North  Brothers  Island,  Great  no!  i 

Barn  or  Ward's  Island,  Little  Barn  or  Randall's  Island,  Man-  \kmn.ut-,1m, 

ning's  or  Blackwell's  Island,  Nutten  or  Governor's  Island,  Bed-  re-enact«ii8:». 

low's  Island,  Bucking  or  Ellis  Island,  and  the  Oyster  islands;  oomp/iifjiB. 

°  J  '   S.  ch.  2,  title  1. 

and  also  all  the  territory  which  formerly  constituted  the  towns  s">.  comP  in: 

m         m  *  1846,  ch.  279, 

of  Mornsama,  West  Farms,  and  Kingsbridge,  in  the  county  of  ^^"Po1111 

Westchester,  being  all  the  territory  which  lies  westerly  of  the  S^'iuli^ 

centre  of  the  Bronx  river,  and  southerly  of  a  line  commencing  in  fjkf  chp^"w 

the  centre  of  the  Bronx  river  at  latitude  40°  53'  59T2ffy  north,  and  §Jj8!Sl  $m;m! 

longitude  73°  51'  35T8oy  west  of  Greenwich,  and  running  on  a  ch.^si.romp 

straight  line  westerly  to  a  point  on  the  low  water  mark  of  the  \mtCh  ,> 

eastern  bank  of  the  Hudson  river  at  latitude  40°  54'  53xVtt"  north,  {?!>J^)ha,  1T5- 


BOUNDARIES  OF  CITY  AND  COUNTY. 


and  longitude' 73°  54'  38-&V  west  of  Greenwich,  and  thence 
westerly  in  a  straight  line  to  the  west  bounds  of  - the  State;  to- 
gether with  all  the  land  under  water  within  tfie  following 
bounds  :  beginning  at  Spuyten  Duyvil  Creek,  where  the  low 
water  mark  of  the  northern  bank  thereof  intersects  the  low 
water  mark  on  the  eastern  bank  of  the  Hudson  river  and  running 
thence  along  said  creek  at  low  water  mark  on  the  northern  side 
thereof  to  the  Harlem  river,  thence  along  the  low  water  mark  on 
the  eastern  bank  thereof,  to  the  Bronx  Kills ;  thence  along  the 
low  water  mark  on  the  northern  bank  thereof  to  the  low  water 
mark  of  the  northwestern  shore  of  Long  Island  Sound,  thence 
along  the  low  water  mark  of  the  northwestern  and  northern 
shore  of  Long  Island  Sound  to  the  month  of  the  Bronx  river  at 
Hunt's  Point ;  thence  along  the  low  water  mark  as  far  as  the 
same  may  extend  in  the  Bronx  river,  and  the  mouth  thereof  to 
the  low  water  mark  of  Long  Island  Sound  at  the  western  side  of 
Clausson's  Point ;  thence  across  Long  Island  Sound  to  College 
Point  on  Nassau  or  Long  Island  to  low  water  mark  there,  thence 
southwesterly  across  Flushing  Bay  to  low  water  mark  at  San- 
ford's  Point  between  Flushingand  Bowery  bays;  including  Great 
Barn  or  Ward's  Island,  and  Little  Barn  or  Randall's  Island;  then 
along  Nassau  or  Long  Island  shore,  at  low  water  mark,  and  in- 
cluding Manning's  or  Blackwell's  Island,  to  the  south  side  of  the 
Red  Hook;  then  across  the  North  river  so  as  to  include  Nutton 
or  Governor's  Island,  Bedlow's  Island,  Bucking  or  Ellis  Island, 
s*si8M,  cii.  b.  and  the  Oyster  islands,  to  the  west  bounds  of  the  State,  and 
thence  northerly  along  the  west  bounds  of  the  State  to  the 
junction  with  the  above-mentioned  prolongation  westerly  of  the 
northern  boundary  line  of  the  city  and  county  of  New  York, 
from  the  low  water  mark  on  the  eastern  bank  of  the  Hudson 
river;  thence  easterly  along  said  line  to  the  easterly  bank  of  the 
Hudson  river  at  low  water  mark,  thence  southerly  along  said 
easterly  bank,  at  low  water  mark,  to  the  poinUor  place  of  be- 
ginning. 

1R.S.  ch.2,  j<  2.  The  city  of  New  York  contains  all  that  part  of  this  State 
com^iajo.      comprehended  within  the  bounds  of  the  county  of  New  York, 

and  is  divided  into  twenty-four  wards,  in  the  manner  following, 

that  is  to  say  : 

First  ward.  The  first  ward  shall  begin  in  the  middle  of  Broadway,  at  a 

point  where  it  is  intersected  by  the  middle  of  Liberty  street,  and 
run  from  the  said  point  of  intersection,  through  the  middle  of 
Liberty  street,  southeasterly,  to  the  middle  of  Maiden  lane;  then 
down  the  middle  of  Maiden  Lane,  and  from  thence  in  a  straight 
line  running  in  the  same  direction  across  the  East  river,  to  low 
watermark  on  Nassau  or  Long  Island;  and  thence  along  Nassau 
or  Long  Island  shore,  at  low  water  mark,  to  the  south  side  of 


BOlNDAIilKs  oF  WAHDS. 


Rod  Hook;  and  then  across  Hudson  river,  so  as  to  include  Nutten 
or  Governor's  Island,  Bod  low's  Island,  Bucking  or  Ellis  Island, 
and  the  Oyster  islands,  and  all  the  waters  of  this  State  in  the 
hay  of  New  York,  and  to  the  southward  thereof,  and  which  are 
not  comprehended  in  any  other  county,  to  low  water  mark  on 
the  west  side  of  Hudson  river,  or  so  far  as  the  bounds  of  this 
State  extend:  then  up  along  the  west  side  of  Hudson  river,  at 
low  water  mark,  or  along  the  limits  of  this  State,  to  a  place  due 
west  from  the  middle  of  the  west  end  of  Liberty  street;  then  to 
the  middle  of  Liberty  street;  then  through  the  middle  of  Liberty 
street  to  the  middle  of  Broadway,  at  the  place  of  heginning. 

§3.  The  second  ward  shall  hegin  at  the  southeasterly  corner  ia,s.^.8,wk 
of  the  first  ward,  and  run  thence  along  the  easterly  bounds  Second  w  ard, 
thereof,  across  the  East  river  to  the  middle  of  Broadway  ;  then 
up  the  middle  of  Broadway  to  a  point  opposite  the  middle  of 
Park  row  ;  then  through  tin?  middle  of  Park  row  to  a  point 
opposite  to  the  middle  of  Spruce  (formerly  George)  street ;  then 
down  the  middle  of  Spruce  street  to  the  middle  of  Gold  street : 
then  through  the  middle  of  Gold  street  to  a  point  opposite  to  € 
the  middle  of  Ferry  street ;  then  through  the  middle  of  ferry 
street,  in  a  line  running  in  the  same  direction  across  the  East 
river  to  Nassau  or  Long  Island,  to  low  water  mark ;  then 
along  Nassau  or  Long  Island,  at  low  water,  to  the  place  of  bo- 
ginning. 

>j  4.  The  third  ward  shall  begin  on  the  west  side  of  Hudson  ml 
river,  at  the  northwesterly  coiner  of  the  first  Ward,  and  run-  ThirUward- 
ning  thence  due  east  to  the  middle  of  Liberty  street ;  then 
through  the  middle  of  Liberty  street  to  the  middle  of  Broad- 
way ;  then  through  the  middle  of  Broadway  to  a  point  opposite 
to  the  middle  of  Reade  street  ;  then  through  the  middle  of  Reade 
street,  in  a  line  running  in  the  same  direction  across  Hudson 
river,  to  low  water  mark,  on  the  west  side  thereof,  or  so  far  as 
the  bounds  of  the  State  extend  ;  then  down  the  west  side  of 
Hudson  river,  at  low  water  mark,  or  along  the  limits  of  this 
State,  to  the  place  of  beginning, 

§  5.  The  fourth  ward  shall  begin  at  the  northerly  corner  of  «• 
the  second  ward,  and  run  thence  through  the  middle  of  Chat-  Fo,lrth  ward' 
ham  street,  to  a  point  opposite  to  the  middle  of  Catharine  street ; 
and  then  through  the  middle  of  Catharine  street,  in  a  line  run- 
ning in  the  same  direction  across  the  East  river,  to  low  water 
mark,  on  Nassau  or  Long  Island  ;  then  along  Nassau  or  Long 
Island  shore,  at  low  water  mark  to  the  bounds  of  the  second 
ward  ;  and  then  northwesterly  along  the  bounds  of  the  second 
ward,  to  the  place  of  beginning. 

§  6.  The  fifth  ward  shall  begin  at  the  northwesterly  cQrner  id.|i,Oanip.m. 
of  the  third  ward,  and  ran  thence  along  the  northerly  hounds 


fifth  ward. 


t 


BOUNDARIES  <>K 


WARDS. 


thereof,  to  the  middle  of  Broadway;  then  through  the  mid- 
dle of  Broadway  to  the  middle  of  Canal  street;  then  through 
the  middle  of  Canal  street  to  Hudson  river;  then  din- west  to 
low  water  mark,  on  the  west  side  of  Hudson  river,  or  so  far  as 
the  hounds  of  this  State  extend  ;  then  down  along  the  west  Bide 
of  Hudson  river,  at  low  water  mark,  or  along  the  limits  of  this 
.  State,  to  the  place  of  beginning. 
M^e^cnp.m  §  The  sixth  ward  shall  begin  a!  a  point  in  the  middle  of 
suth  wnr.i.  Broadway,  where  it  is  intersected  by  the  middle  of  Canal  street, 
and  run  thence  through  the  middle  of  Canal  street  to  where  it 
is  intersected  by  the  middle  of  Centre  street;  then  through  the 
middle  of  Centre  street  to  the  middle  of  Walker  street;  then 
through  the  middle  of  Walker  and  Canal  streets  to  the  middle 
of  the  Bowery  road ;  then  through  the  middle  of  the  Bowery 
road  to  the  middle  of  Chatham  street  ;  then  through  the  middle 
of  Chatham  street  and  Park  row  to  the  middle  of  Broadway, 
and  then  through  the  middle  of  Broadway  to  the  place  of  be- 
ginning. 

,(1  ,^  8.  The  seventh  ward  shall  begin  at  the  southeasterly  corner 

scv.-nth  nf  fourth  ward,  and  run  thence  along  the  easterly  boundary 
of  the  fourth  ward  to  the  middle  of  Division  street;  then  through 
the  middle  of  Division  street  to  the  middle  of  Grand  street ;  then 
through  the  middle  of  Grand  street,  in  a  line  running  in  the 
same  direction  across  the  East  river,  to  low  water  mark  on  Nas- 
sau or  Long  Island;  then  along  Nassau  or  Long  Island  shore,  at 
low  water  mark,  to  the  place  of  beginning. 
,d  §  0.  The  eighth  ward  shall  begin  at  the  northwesterly  corner 

KiRhtii  «a.,i  ()f  the  fifth  ward,  and  run  thence  along  the  northerly  bounds  of 
the  said  ward  through  Canal  street  to  the  middle  of  Broadway ; 
then  through  the  middle  of  Broadway  to  a  point  opposite  to  the 
middle  of  Houston  street ;  then  through  the  middle  of  Houston 
street  to  a  point  opposite  to  the  middle  of  West  Houston  street; 
then  through  the  middle  of  West  Houston  street  to  Hudson 
river ;  then  due  west  to  low  water  mark,  on  the  west  side  of 
Hudson  river,  or  so  far  as  the  limits  of  this  State  extend  ;  then 
down  along  the  west  side  of  Hudson  river,  at  low  water  markj 
or  along  the  limits  of  this  State,  to  the  place  of  beginning. 
u  §  10.  The  ninth  ward  shall  begin  at  the  northwesterly  corner 

romch'mSS!''"  ^ne  ejghth  ward,  and  run  thence  along  the  northerty  bounds 
Ninth  ward.  of  the  said  ward  through  the  middle  of  West  Houston  street  to 
the  middle  of  Hancock  street  ;  thence  northerly  through  the 
middle  of  Hancock  street  to  the  middle  of  Bleecker  street  ;  thence 
northwesterly  through  the  middle  of  Bleecker  street  to  the  mid 
die  of  Carmine  street ;  thence  northeasterly  through  the  middle 
of  Carmine  street  to  the  middle  of  Sixth  avenue  ;  thence  north- 
erly through  the  middle  of  Sixth  avenue  to  the  middle  of  West 


ROl'NDAIUKS  ()!•'  WAUDS. 


6 


Fourteenth  street  ;  thence  westerly  through  the  middle  of  West 
Fourteenth  street  to  Hudson  river  ;  then  due  west  to  low  water 
mark  on  the  west  side  of  Hudson  river;  or  so  far* as  the  limits  of 
this  State  extend:  then  down  along  the  west  side  of  Hudson 
river,  at  low  water  mark,  or  along  the  limits  of  this  State,  to  the 
place  of  beginniDg. 

11.  The  tenth  ward  shall  begin  at  a  point  in  the  middle  of  '5ft, <* 

v  .  5,  |1,  Comp.  189 

the  Bowery  road,  opposite  to  the  middle  of  Division  street;  then  Tenth  ward 
through  the  middle  of  Division  street  to  the  middle  of  Norfolk 
street  ;  then  through  the  middle  of  Norfolk  street  to  the  middle 
of  Rivington  street;  then  through  the  middle  of  Rivington  street 
to  the  middle  of  the  Bowery  road;  then  through  the  middle  of  tln» 
Bowery  road  to  the  place  of  heginning. 

§  12.  The  eleventh  ward  shall  hegin  at  a  point  in  the  middle  u. 
of  Kivington  street,  where  Clinton  street  intersects  Kivington  c^^mSl"1,8, 
street;  and  run  thence  through  the  middle  of  Clinton  street  to  the  B,«VOTth  »md 
middle  of  Avenue  B,  and  then  northerly  through  the  middle  of 
Avenue  B  to  the  middle  of  Fourteenth  street ;  thence  easterly 
through  the  middle  of  East  Fourteenth  street  to  the  East  river, 
and  thence  running  across  the  East  river  to  low  water  mark 
on  Long  Island  ;  then  along  Long  Island  shore,  at  low  water 
mark,  to  a  point,  opposite  the  middle  of  the  easterly  end  of 
Rivington  street ;  then  in  a  direct  line  across  the  East  river 
through  the  middle  of  Kivington  street,  to  the  place  of  hegin- 
ning. 

$5  13.  The  twelfth  ward  shall  include  all  that  part  of  the  city  iR.s.ch.8,  title 

5.  81.  Comp.  132 

and  county  of  New  York  lying  notherly  of  a  line  running  through  u^cb.*tt|i,2, 
the  middle  of  Eighty-sixth  street  from  the  East  to  the  North  ««»!ch.  iw.«i. 

"      •*  2,  Comp.  125. 

river,  and  south  and  wTest  of  Harlem  river  and  Spuyten  Duyvil  Twelfth  ward, 
creek,  hut  including  Randall's  and  Ward's  Islands. 

8  1-k  The  thirteenth  ward  shall  hegin  at  the  northeasterly  ias.ch.2,tM« 


,  §1,  Comp.  128. 


corner  of  the  seventh  ward,  and  thence  along  the*  easterly  and  Thirteenth 
northerly  line  of  the  said  ward  through  the  middle  of  Grand  and  "ftn' 
Division  streets,  to  the  middle  of  Norfolk  street;  thence  through 
the  middle  of  Norfolk  street  to  where  it  is  intersected  by  the 
middle  of  Rivington  street;  then  through  the  middle  of  Riving- 
ton street  in  a  line  running  in  the  same  direction  across  the  East 
river,  to  low  water  mark  on  Nassau  Island;  and  then  along  the 
shore  of  saidisland,  at  low  water  mark,  to  the  place  of  begin- 
ning. 

§  15.  The  fourteenth  ward  shall  begin  at  a  point  in  the  mid-  w.  • 
die  of  the  Bowery  road,  where  it  is  intersected  by  the  middle  of  iMtt*eenth 
Walker  street;  then  through  the  middle  of  the  Bowery  road  to 
a  point  opposite  the  middle  of  Houston  street;  then  through  the 
middle  of  Houston  street  to  where  it  is  intersected  by  the  middle 
of  Broadway:  thence  through  the  middle  of  Broadway  to  where 


11 


BOUNDARIES  OK  WAKDs. 


lX».ch.56.$jl.2. 
Comp.  123. 
Fifteenth  ward. 


1830,ch.49.j§l,2. 
Comp.  123. 
lS46,ch.l6.J§1.2. 
Comp.  124. 
1851.ch.4S3.  $$1. 
2.  Comp.  12j. 

Sixteenth 
ward . 


1837.  ch.  16,  51, 
Comp.  124. 
Seventeenth 
ward. 


1846,  ch.  16.  §§1. 
2.  Comp.  124. 
1853.  ch.2S2.§§l. 
2.  as  amended 


it  is  intersected  by  the  middle  of  Canal  street;  and  then  through 
the  middle  of  Canal,  Centre,  and  Walker  streets,  being  along 
the  northerly  bounds  of  the  sixth  ward,  to  the  place  of  begin- 
ning. 

§  16.  The  fifteenth  ward  shall  begin  at  a  point  in  the  middle 
of  Fourteenth  street  where  the  middle  of  Sixth  avenue  intersects 
the  middle  of  Fourteenth  street,  and  run  thence  southerly 
through  the  middle  of  Sixth  avenue  to  the  middle  of  Carmine 
street ;  thence  southwesterly  through  the  middle  of  Carmine 
street  to  the  middle  of  Bleecker  street ;  thence  southeasterly 
through  the  middle  of  Bleecker  street  to  the  middle  of  Hancock 
street;  thence  southerly  through  the  middle  of  Hancock  street 
to  Hie  middle  of  Houston  street ;  thence  easterly  through  the 
middle  of  Houston  street  to  the  middle  of  the  Bowery  road; 
thence  northerly  along  the  middle  of  the  Bowery  road  and  the 
middle  of  Fourth  avenue  to  the  middle  of  Fourteenth  street,  and 
thence  westerly  along,  the  middle  of  Fourteenth  street  to  the 
place  of  beginning. 

§  17.  The  sixteenth  ward  shall  begin  at  the  northwesterly 
corner  of  the  fifteenth  ward,  at  a  point  in  the  middle  of  Four- 
teenth street  where  the  middle  of  Sixth  avenue  intersects  the 
middle  of  Fourteenth  street,  and  ran  thence  along  the  middle  of 
Fourteenth  street  to  Hudson  river  :  thence  westerly  and  along 
the  northerly  boundary  of  the  ninth  ward  to  low  water  mark  on 
the  west  side  of  Hudson  river,  or  so  far  as  the  limits  of  this  State 
extend;  thence  northerly  along  the  west  side  of  Hudson  river, 
at  low  water  mark,  or  along  the  limits  of  this  State,  to  a  point 
opposite  the  middle  of  the  westerly  end  of  Twenty-sixth  street: 
thence  in  a  direct  line  across  Hudson  river  through  the  middle  of 
Twenty-sixth  street  to  the  middle  of  Sixth  avenue,  and  thence 
southerly  along  the  middle  of  Sixth  avenue  to  the  place  of  be- 
ginning. 

§  18.  The  seventeenth  ward  shall  begin  at  a  point  formed  by 
the  intersection  of  the  middle  of  Fourteenth  street  with  the  mid- 
dle of  Avenue  B,  and  run  thence  southerly  along  the  middle  of 
Avenue  B  to  Houston  street:  thence  across  Houston  street  to  the 
middle  of  Clinton  street:  thence  through  the  middle  of  Clinton 
street  to  middle  of  Rivington  street;  thence  westerly  through 
the  middle  of  Rivington  street  to  the  middle  of  the  Bowery  road: 
thence  northerly  along  the  middle  of  the  Bowery  road  and 
Fourth  avenue  to  the  middle  of  Fourteenth  street:  and  thence 
easterly  along  the  middle  of  Fourteenth  street  to  the  place  of  be- 
ginning. 

§  19.  The  eighteenth  ward  shall  begin  at  a  point  formed  by 
the  intersection  of  the  middle  of  Fourteenth  street  with  the  mid- 
dle-of  Sixth  avenue,  and  run  thence  northerly  along  the  middle 


KOr.NDAKIKS  OK  WARDS. 


7 


of  Sixth  avenue  to  the  middle  of  Twenty-sixth  street;  thence  ikm.    w,  »i 
easterly  along  the  middle  of  Twenty-sixth  street  in  a  line  run-  Eighteenth 
ning  in  the  same  direction  across  the  East  river  to  low  water  ""r'' 
mark  on  Long  Island;  thence  along  Long  Island  shore,  at  low 
wafer  mark,  to  a  point  opposite  the  middle  of  the  easterly  end 
of  Fourteenth  street;  and  thence  in  a  direct  line  across  the  East 
river  through  the  middle  of  Fourteenth  street  to  the  plaee  of  he- 
ginning. 

§2o.  The  nineteenth  ward  shall  begin  at  a  point  formed  by  i85o,cb.i87j|i, 
the  intersection  of  the  middle  of  Fortieth  street  with  the  middle  i-rlv'h'tm.'^i 
of  Sixth  avenue,  and  run  thence  northerly  along  the  middle  of  nineteenth 
Sixth  avenue  to  the  centre  of  Fifty-ninth  street;  thence  in  aline  wa"' 
running  in  the  same  direction  across  Central  park  to  the  middle 
of  Eighty-sixth  street;  thence  easterly  along  the  middle  of 
Eighty-sixth  street  in  a  line  running  in  the  same  direction  across 
the  East  river  to  low  water  mark  on  Long  Island;  thence  along 
Long  Island  shore,  at  low  water  mark,  to  a  point  opposite  the 
middle  of  the  easterly  end  of  Fortieth  street;  and  thence  in  a 
direct  line  across  the  East  river  along  the  middle  of  Fortieth 
street  to  the  place  of  beginning. 

§21.  The  twentieth  ward  shall  begin  at  a  point  formed  by  i85i,ch.4M,ui, 
the  intersection  of  the  middle  of  Twenty  sixth  street  with  the  Twi«wh 
middle  of  Sixth  avenue,  and  run  thence  westerly  along  the  mid-  wanl 
die  of  Twenty-sixth  street  to  Hudson  river;  thence  westerly  along 
the  northerly  boundary  of  the  sixteenth  ward  to  lowr  water  mark 
on  the  west  side  of  Hudson  river,  or  so  far  as  the  limits  of  the 
State  extend;  thence  northerly  along  the  west  side  of  Hudson 
river,  at  low  water  mark,  or  along  the  limits  of  this  State,  to  a 
point  opposite  the  middle  of  the  westerly  end  of  Fortieth  street; 
thence  in  a  direct  line  across  Hudson  river,  through  the  middle 
of  Fortieth  street  to  the  middle  of  Sixth  avenue,  and  thence 
southerly  along  the  middle  of  Sixth  avenue  to  the  place  of  be- 
ginning. 

§  22.  The  twenty-first  ward  shall  begin  at  a  point  formed  by  itsw.ch.aaa.ssi. 
the  intersection  of  the  middle  of  Twenty-sixth' street  with  the  T^enTyniM 
middle  of  Sixth  avenue,  and  run  thence  northerly  along  the  wtml 
middle  of  Sixth  avenue  to  the  middle  of  Fortieth  street;  thence 
easterly  along  the  middle  of  Fortieth  street,  in  a  line  running 
in  the  same  direction  across  the  East  river,  to  low  water  mark 
on  Long  Island ;  thence  along  Long  Island  shore,  at  low  water 
mark,  to  a  point  opposite  the  middle  of  the  easterly  end  of 
Twenty-sixth  street,  and  thence  in  a  direct  line  across  the  East 
river,  through  the  middle  of  Twenty-sixth  street,  to  the  place 
of  beginning. 

§  23.  The  twenty-second  ward  shall  begin  at  a  point  formed  ^cb'i%'$$1  s 
by  the  intersection  of  the  middle  of  Fortieth  street  with  the  Twenty-second 

J  ward. 


s 


BOUNDARIES  OF  WARDS. 


middle  of  Sixth  avenue,  and  run  thence  westerly  along  the 
middle  of  Fortieth  street  to  Hudson  river;  thence  westerly  along 
the  northerly  boundary  of  the  twentieth  ward  to  low  water 
mark  on  the  west  side  of  Hudson  river,  or  so  far  as  the  limits  of 
the  State  extend;  thence  northerly  along  the  west  side  of  Hud- 
son river,  at  low  water  mark,  or  along  the  limits  of  this  State, 
to  a  point  opposite  the  middle  of  the  westerly  end  of  Eighty- 
sixth  street;  thence  in  a  direct  line  across  Hudson  river,  through 
the  middle  of  Eighty-sixth  street,  to  the  middle  of  Sixth  avenue, 
and  thence  southerly  along  the  middle  of  Sixth  avenue  to  the 
place  of  heginning. 
iw8,ch.M8,M1      §24-.  The  twenty-third  ward  shall  include  all  that  territory 

us  amended.  ,  ^  * 

18-4,  ch  339,  $:t.  which  lies  east  and  north  of  Harlem  river  and  south  of  a  line 

I'omp.  it  1 :  . 

Sphin0'     heginning  at  a  point  on  the  southerly  side  of  the  High  bridge 
Twenty  ti.ini    across  the  Harlem  river;  thence  running  easterly  on  a  straight 
line  to  a  point  on  Mill  hrook,  directly  opposite  to  the  line  form- 
erly dividing  Central  Morrisania  from  Lower  Morrisania,  heing 
the  former  northerly  lino  of  Lower  Morrisania;  thence  easterly 
along  said  last-mentioned  line  to  a  point  one  hundred  and  forty 
feet  east  of  Franklin  avenue,  and  thence  on  a  line  produced 
castwardly  by  the  extension  of  the  middle  of  the  main  channel 
of  the  Bronx  river  of  that  portion  of  said  last-mentioned  line 
which  lies  between  the  Third  avenue  and  said  point  in  said  line, 
one  hundred  and  forty  feet  east  of  Franklin  avenue,  said  terri- 
tory heing  the  whole  of  the  former  town  of  Morrisania.  and  a 
portion  of  the  former  town  of  West  Farms.  It  shall  also  include 
North  Brothers  Island, 
lssi,  ch.  478,  «2,      §  25.  The  twenty-fourth  ward  shall  embrace  all  that  territory 
wmI ch.  m\  ft  lying  north  of  the  twenty-third  ward  and  south  of  the  north 
Twentyrfo'urth  boundary  of  the  city,  comprising  the  territory  embraced  in  the 
former  town  of  Kingsbridge,  and  in  that  portion  of  the  former 
town  of  West  Farms  not  included  in  the  twenty-third  ward. 


roBPORATK  i">\\  i:i:s. 


CHAPTER  II 
The  Ookporatb  Powers  and  their  Distribution. 
8  26.  The  corporation  now  existing  and  known  by  the  name  !£*•  qkw.fi 

"  1  '  °  J  1874,  ch.  804.  jl 

of  the  mayor,  aldermen  and  commonalty  of  the;  city  of  New  comp  m  iss 
York  as  formed  by  the  consolidation  of  the  county  of  New  York 
with  the  body  previously  known  by  the  name  of  the  mayor,  alder- 
men and  commonalty  of  the  city  of  New  York,  by  the  act  passed 
April  30,  1874,  entitled  "An  act  to  consolidate  the  government 
of  the  city  and  county  of  New  York,  and  further  to  regulate  the 
same,"  shall  continue  to  be  a  body  politic  and  corporate,  in  fact  SjJJS^16 
and  in  name,  by  the  same  name,  and  have  perpetual  succession,  '  Abb'  '" 
with  all  the  rights,  property,  interests,  claims,  demands,  grants, 
powers  and  privileges  heretofore  held  by  the  mayor,  aldermen 
and  commonalty  of  the  city  of  New  York,  and  not  modified  or 
repealed  by  the  provisions  of  this  act. 

>5  27.  For  all  purposes  the  local  administration  and  govern-  The  local  od 
ment  of  the  city  and  county  of  New  York  shall  continue  to  be  in  !'.!!'. i" 

and  be  performed  by  the  corporation  aforesaid.    All  charges  Son. 
and  liabilities  now  existing  against  said  county,  or  which  may  * 
hereafter  arise  or  accrue  in  said  city  and  county  of  New  York, 
and  which,  but  for  this  act,  or  the  act  entitled  "  An  act  to  con- 
solidate the  government  of  the  city  and  county  of  New  York, 
and  further  to  regulate  the  same,  passed  April  30,  1874,  would 
be  charges  against  or  liabilities  of  said  county,  shall  be  deemed  ^tf^aSjnsi 
and  taken  to  be  charges  against  or  liabilities  of  said  corporation,  \\'£"%.u'j" 
and  shall  be  defrayed  or  answered  unto  by  it.  All  bonds,  stocks,  Bonds- '  ''' 
contracts  and  obligations  of  the  said  county,  and  of  the  board  of  1s;i  ch  m  .., 
supervisors  which  now  exist  as  legal  obligations,  shall  be  deemed  <'"M'1'  ; ;" 
such  of  and  against  the  said  corporation,  and  all  such  that  may 
be  authorized  or  required  to  be  hereafter  issued  or  entered  into 
shall  be  issued  or  entered  into  by  and  in  the  name  of  the  said 
corporation.    Nothing  in  this  section  contained  shall  be  con-  tK4  ch  .M.  gJ. 
strued  to  affect  the  election  or  appointment  of  county  officers  0omp- 130 
whose  election  or  appointment  is  provided  for  by  the  constitu- 
tion of  this  State,  or  any  other  purposes  for  which  the  city  and 
county  of  New  York  is  recognized  in  the  constitution  as  one  of 
the  counties  of  this  State. 

§28.  All  funds  and  moneys  which,  on  the  thirteenth  day  of  1874,  en.  aft,  k 
Ap:il,  1S74,  were  or  now  are  held  by  or  payable  to  any  officer  Funds  ma  by 
as  county  treasurer  of  the  said  city  and  county  shall  be  deemed  Soratytrea* 
to  be  held  by  or  payable  to  him  solely  as  the  funds  and  moneys  l,m 


LO 


THE  MAYOR.  . 


of  said  corporation,  except  such, funds  and  moneys  as  shall 
be  held  by  and  payable  into  the  treasury  of  the  State  of  New 
York. 

campm*'**'  The  legislative  power  of  the  said  corporation  shall  con 

AKmrniKici  tinuc  to  be  vested  in  a  board  of  aldermen,  consisting  of  twenty- 
ivmiV'Vi'!10 ^wo  members,  who  shall  be  elected  at  the  general  state  election 
in  each  year.  Three  of  such  aldermen  shall  be  elected  in  a  dis- 
trict composed  of  the  territory  embraced  in  the  First,  Sec- 
ond, Third,  Fourth,  Fifth,  Sixth,  Seventh,  Thirteenth  and 
Fourteenth  wards  of  said  city.  Three  of  such  aldermen  shall  be 
elected  in  a  district  composed  of  the  territory  embraced  in  the 
Kighth,  Ninth,  Fifteenth  and  Sixteenth  wards  of  said  <  i t  \- . 
Three  of  such  aldermen  shall  be  elected  in  a  district  com- 
posed of  the  territory  embraced  in  the  Eleventh,  Tenth 
and  Seventeenth  wards  of  said  city.  Three  of  such  alder- 
men shall  be  elected  in  a  district  composed  of  the  terri- 
tory embraced  in  the  Eighteenth,  Twentieth  and  Twenty- 
first  wards  of  said  city.  Three  of  such  aldermen  shall  be 
elected  in  a  district  composed  of  the  territory  embraced  in  the 
Twelfth,  Nineteenth  and  Twenty-second  wards  of  said  city. 
One  of  such  aldermen  shall  be  elected  in  a  district  composed  of 
the  territory  embraced  in  the  Twenty-third  and  Twenty-fourth 
wards  of  said  city.  Six  of  said  aldermen,  to  be  known  as  alder- 
men-at-large,  shall  be  elected  from  the  entire  city.  No  voter 
shall  vote  for  more  than  four  of  the  aldermen-at -large.  In  the 
districts  from  which  three  aldermen  are  to  be  elected,  no  voter 
shall  vote  for  more  than  two  of  such  aldermen.  The  aldermen 
shall  be  residents  of  the  respective  districts  from  which  they  are 
elected.  The  term  of  office  of  the  aldermen  shall  be  one  year,  and 
vacancy  such  term  shall  commence  at  noon  on  the  first  Monday  in  Jan- 
uary next  succeeding  their  election.  Any  vacancy  which  may 
occur  in  the  board  of  aldermen  shall  be  filled  by  election  by  said 
board  by  a  vote  of  a  majority  of  all  the  members  elected  to  said 
board,  and  the  person  so  elected  to  fill  any  such  vacancy  shall 
serve  for  the  unexpired  portion  of  the  term.  The  board  of  alder- 
\vhen  board  of  men  shall  constitute  the  common  council,  and,  except  as  other- 
wise specially  provided,  shall  exercise  the  legislative  powers  of 
the  said  city. 

1873  en  335  sis       §  30.  The  executive  power  of  the  corporation  shall  be  vested 
comp.  is:.       jn  th.e  mayor  and  the  officers  of  the  departments. 
Executive  §  31.  The  mayor  shall  be  the  chief  executive  officer  of  the  cor- 

5*°Jer-  „„„  -     poration:  he  shall  be  elected  at  a  general  State  election,  and 

18(3,  ch.Axj,  £30,    *•  *  ■ 

comp.  157.       ]10id  hig  office  for  the  term  of  two  years,  commencing  at  noon 
•of,  etc!      on  on  the  first  day  of  January  next  after  his  election. 
1873  ch  335  S2i       §  ^2.  Whenever  the  mayor  shall  be  under  suspension,  or 
when  pi^si      there  shall  be  a  vacancy  in  the  office  of  mayor,  or  whenever,  by 


aldermen  to 
constitute  com 
mon  council, 
etc. 


THE  DEPARTMENTS. 


1  I 


reason  of  sickness  or  absence  from  the  citv.  he  shall  lie  pre-  toot  of  board 

vented  from  attending  to  the  duties  Of  liis  office,  the  president  <<•"'•"""  ' 

of  the  hoard  of  aldermen  shall  act  as  mayor,  and  possess  all  the 

rights  and  powers  of  mayor  dining  such  suspension,  disability. 

or  absence.    In  case  of  a  vacancy  he  shall  so  act  until  noon  of 

the  first  Monday  of  .January  succeeding  the  election  at  which  a 

successor  is  chosen.    At  the  next  general  election  which  shall 

take  place  more  than  ten  days  after  the  occurrence  of  a  vacancy 

in  the  office  of  mayor,  a  successor  shall  be  chosen  who  shall 

hold  for  the  unexpired  term.   It  shall  not  be  lawful  for  the  pros-  x..t  t.>  ... 

ident  of  the  board  of  aldermen,  when  acting  as  mayor,  in  con-  powerfete! 

sequence  of  the  sickness  or  absence  from  the  city  of  the  person 

elected,  to  exercise  any  power  of  appointment  to  or  removal 

from  office,  unless  such  sickness  or  absence  of  the  mayor  shall 

have  continued  ten  days,  nor  to  sign,  approve,  or  disapprove 

any  ordinance  or  resolution,  unless  such  sickness  <>r  absence 

shall  have  continued  the  same  period. 

§  33.  In  case  of  a  vacancy  in  the  office  of  mayor,  the  alder-  i87S,cir.885,$99< 
men  may  elect  a  temporary  chairman  to  preside  over  their  T^mp'orm-* 
meetings,  who  shall  possess,  during  such  vacancy,  the  powers 
and  perform  the  duties  bf  the  president  of  the  board,  and  who 
shall,  during  such  time,  be  a  member  of  every  board  of  which 
the  president  of  said  board  of  aldermen  is  a  member  by  virtue  of^ 
his  office.  ■ 

§34.  There  shall  be  the  following  other  departments  in  said  i3r8,ch.83s,j!M, 

..  c  or-  Comp.  159. 

City:  1881,  ch.  307,  kl. 

Finance  department.  ment'. epa' 1 

Law  department. 

Police  department. 

Department  of  public  works. 

Department  of  public  charities  and  correction. 

Fire  department. 

Health  department. 

Department  of  public  parks.  . 

Department  of  taxes  and  assessments. 

Department  of  docks. 

Department  of  street  cleaning. 

§  35.  The  head  of  the  finance  department  shall  be  called  the  comp.^U " 
comptroller  of  the  city  of  New  York,  and  shall  unless  sooner  re-  comptroiiw 

1  ■  '  term  of  office 

moved  hold  his  office  for  four  years,  and  until  his  successor  shall  of- 
be  appointed  and  has  qualified. 

§  30.  The  head  of  the  law  department  shall  be  called  counsel  cs0Tm^;fii:;: 
to  the  corporation,  and  shall  unless  sooner  removed  hold  his  ,(:o^,p^ro\jonth<, 
office  for  four  years,  and  until  his  successor  shall  be  appointed 
and  has  qualified. 

3  37.  The  head  of  the  police  department  shall  be  called  the  ;.873ch JPS  P9- 

"  1  *  Comp.  it.  '.M'.t. 


12 


HEADS  OF  DEPARTMENTS. 


Head  of  police  board  of  police.  Said  board  shall  consist  of  four  persons,  to  be 
nepartineiit.  1  i  ' 

known  as  police  commissioners  of  the  city  of  New  York,  who 
shall,  unless  sooner  removed,  respectively  hold  their  offices  for 
six  years  and  until  their  successors  shall  be  respectively  ap- 
pointed and  have  qualified. 
'^•^AF0,     §  38-  The  neacl  of  tlie  department  of  public  works  shall  be 

Coinp.  83,  11  . 

fommissionoi-  called  "  commissioner  of  public  works,"'  and  shall  unless  sooner 
"  p  '  removed  hold  his  office  for  four  years,  and  until  his  successor 

shall  be  appointed  and  has  qualified. 
"Sill? V^v.' '       §  30*  ^'ie  ^ieat^  °f  the  department  of  public  charities  and  cor- 
Board  of  chari-  rection  shall  be  called  the  board  of  public  charities  and  correc- 
t.esurn  conec  j..^    ^nid  board  shall  consist  of  three  persons,  to  be  known  as 
commissioners  of  public  charities  and  correction.    The  commis- 
sioners shall  unless  sooner  removed  respectively  hold  their  offices 
'Their term ot    for  six  years  and  until  their  successor^  shall  bo  respectively  ap- 
pointed and  have  qualified. 
ip,ch  33.vs;v,.       £  4ii.  The  head  of  the  tire  department  shall  be  called  the  board 

Comp.  80, 879,  "  .  *■ 

Firecommi«.     of  fire  commissioners.    Said  board  shall  consist  of  three  persons, 


M'  hum  ■< 


to  be  known  as  lire  commissioners  of  the  city  of  New  York,  who 
shall,  unless  sooner  removed,  respectively  hold  their  offices  for 
six  years,  and  until  their  successors  shall  be  respectively  ap- 
pointed and  have  qualified. 
i873,oh  :«5  $80,      §  41.  The  head  of  the  health  department  shall  be  called  the 

Comp.  87,  488.  1 

Board  of  health,  board  of  health.  Said  board  shall  consist  of  the  president  of  the 
board  of  police,  the  health  officer  of  the  port,  and  two  officers,  to 
be  called  commissioners  of  health,  one  of  whom  shall  have  been 
a  practicing  physician,  for  not  less  than  five  years  preceding  his 
appointment.  The  commissioner  of  health,  who  is  not  a  physi- 
cian, shall  be  the  president  of  the  board,  and  shall  be  so  designated 
in  his  appointment.  The  commissioners  of  health  shall,  unless 
sooner  removed,  respectively  hold  their  offices  for  six  years  and 
until  their  successors  shall  be  respectively  appointed  and  have 
qualified. 

i873,ch.335.§84,      §  42.  The  head  of  the  department  of  public  parks  shall  be 
im^h"!w!'§2.  called  the  board  of  parks.     Said  board  shall  consist  of  four 
o?panizati4o9n.»f  members,  who  shall  be  known  as  commissioners  of  parks,  and 
who  shall,  unless  sooner  removed,  respectively  hold  their,  offices 
for  five  years  and  until  their  successors  shall  be  respectively  ap- 
pointed and  have  qualified. 
1873,  ch.  335,§87.      §  43.  The  head  of  the  department  of  taxes  and  assessments 
comp.  90, 555.    shall  be  called  the  board  of  taxes  and  assessments.    Said  board 

Commissioners 

asses^eSs  shall  consist  of  a  president,  who  shall  be  so  designated  in  his 
appointment,  and  two  persons,  who  shall  be  called  commission - 
<u  '  ers  of  taxes  and  assessments.  They  shall,  unless  sooner  re- 
moved, respectively  hold  their  offices  for  six  years  and  until 
their  successors  shall  be  respectively  appointed  and  have 
qualified. 


GENERAL  PROVISIONS  AS  To  DEPARTMENTS. 


5  41.  The  head  of  the  department  of  docks  shall  be  called  the  - 

°  •  *  1  onip.  00,  727. 

hoard  of  dorks.    Said  board  shall  consist  of  throe  persons,  who     i;urt"""'  •■' 

1  dorks. 

shall  be  residents  of  said  city,  and  shall,  unless  sooner  removed, 
respectively  hold  their  offices  for  six  years  and  until  their  suc- 
cessors shall  be  respectively  appointed  and  have  qualified. 

£45.  The  head  of  the  department  of  street  cleaning  shall  he  ««,<*.  w,|.i 
called  the  commissioner  of  street  cleaning,  and  shall,  unless  !u-.'"V Vi^'nii.^ 
sooner  removed,  hold  his  office  for  six  years,  and  until  his  suc- 
cessor sball  be  appointed  and  has  qualified. 


CHAPTER  111. 

General  Provisions,  Powers,  and  Limitations  applicable  to 
Departments  and  Officers. 

•j  4i>.  A  majority  of  the  members  of  a  board  in  any  depart-  jsrach.  330,  s»n. 
ment  of  the  city  government,  and  also  of  the  board  for  the-  re-  M^rity  con- 
vision  and  correction  of  assessments,  shall  constitute  a  quorum  *!n"otX°™™ 
to  fully  perform  and  discharge  any  act  or  duty  authorized,  pos- 
sessed by,  or  imposed  upon  any  department  or  any  board  afore- 
said, and  with  the  same  legal  effect  a»if  every  member  of  any 
such  board  aforesaid  had  been  present,  except  as  herein  other- 
wise specially  provided.    Each  board  may,  except  as  herein 
otherwise  provided,  choose,  in  its  own  pleasure,  one  of  its  mem-  ->i>a-iy.  n-.  : 
bers,  who  shall  be  its  president,  and  one  who  shall  be  its  trea-  Y..aw;«o'i.i*/i.>. 
surer,  and  may  appoint  a  chief  clerk  or  secretary.    No  expense  ^vonTowVo-'" 
shall  be  incurred  by  any  of  the  departments,  boards  or  officers  ?w^nna36,jits 
thereof,  unless  an  appropriation  shall  have  been  previously 
made  covering  such  expense,  nor  any  expense  in  excess  of  the 
sum  appropriated  in  accordance  with  law. 

£  47.  It  shall  be  the  duty  of  the  heads  of  all  departments  of  uao,  ch.  an,  h 
said  city,  and  of  all  boards  and  officers  charged  with  the  duty  of  SSSS8^^ 

J '  _  0  J         Kxceed  amount 

expending  or  incurring  obligations  payable  out  of  the  moneys  appropriated, 
raised  by  tax  in  said  city,  so  to  regulate  such  expenditures  for 
any  purpose  or  object,  that  the  same  shall  not  in  any  one  year 
exceed  the  amount  appropriated  by  the  board  of  estimate  and 
apportionment  for  such  purpose  or  object;  and  no  charge,  claim, 
or  liability  sball  exist  or  arise  against  said  city  for  any  sum  in 
excess  of  the  amount  appropriated  for  the  several  purposes. 

§48.  The  heads  of  all  departments  (except  as  otherwise  ch.385,fH 
herein  specifically  provided)  shall  have  power  to  appoint  and  Colnp  7,1 
remove  all  chiefs  of  bureaus  (except  the  chamberlain),  as  also 
all  clerks,  officers,  employees,  and  subordinates  in  their  respec- 
tive departments,  except  as  herein  otherwise  specially  provided, 


I'OWKKS   AND  LIMITATIONS. 


Heads  of  ill'- 

pertinents  to 
appoint  mid  re- 
move clerks, 
etc. 

72  N.Y.  446;  W 
Hum.  800: 

73  N.  Y.  437. 

Removals  to  be 
for  cause. 

28  Hum.  817. 


Duties  of 
clerks,  etc. 


1878,  ch.  885,§87 
Comp.  to. 
To  report 
quarterly  to 
mayor. 


t878,ch.8S5,$107 
Coiup.  97. 
Heads  of  de- 
partment (ex- 
cept police)  to 
furnish  certi- 
fied copies  of 
papers,  etc. 


Books,  etc.,  to 
be  opened  for 
inspection. 


without  reference  to  the  tenure  of  office  of  any  existing  ap- 
pointee. But  no  regular  clerk  or  head  of  a  bureau  shall  be  re- 
moved until  he  has  been  informed  of  the  cause  of  the  proposed 
removal,  and  has  been  allowed  an  opportunity  of  making  an 
explanation;  and  in  every  case  of  ;i  removal,  the  true  grounds 
thereof  shall  be  forthwith  entered  upon  the  records  of  the  de- 
partment or  board.  In  case  of  removal,  a  statement,  showing 
the  reason  therefor,  shall  be  filed  in  the  department.  The  num- 
ber and  duties  of  all  of'ticers  and  clerks,  employees,  and  subor- 
dinates in  every  department,  except  as  otherwise  herein  specifi- 
cally provided,  with  their  respective  salaries, whether  now  fixed 
by  special  law  or  otherwise,  shall  be  such  as  the  heads  of  the 
respective  departments  shall  designate  and  approve;  but  subject, 
also,  to  the  revision  of  the  board  of  estimate  and  apportion- 
ment; provided,  however,  that  the  aggregate  expense  thereof 
shall  not  exceed  the  total  amount  duly  appropriated  to  the  re- 
spective departments  for  such  purposes.  Any  head  of  depart- 
ment may,  with  the  consent  of  the  board  of  estimate  and  ap- 
portionment, consolidate  any  two  or  more  bureaus  established 
by  law,  and  may  change  the  duties  of  any  bureau;  and  it  shall 
be  the  duty  of  the  head  of  the  finance  department  to  bring  t<> 
gether  all  officers  and  bureaus  authorized  to  receive  money  for 
taxes,  assessments  or  arrears,  in  such  manner  that  the  payment 
of  the  same  can  be  made,  as  nearly  as  practicable,  at  one  time 
and  place,  and  in  one  office. 

§  49.  The  said  departments  shall,  once  in  three  months,  and 
at  such  other  times  as  the  mayor  may  direct,  make  to  him,  in 
such  form  and  under  such  rules  as  he  may  prescribe,  reports  of 
the  operations  and  action  of  the  same  and  each  of  them,  which 
reports  shall  be  published  in  the  City  Record.  The  said  depart- 
ment shall  always,  when  required  by  the  mayor,  furnish  to  him 
such  information  as  he  may  demand,  within  such  reasonable 
time  as  he  may  direct. 

§  50.  The  heads  of  all  departments,  except  the  police  depart- 
ment, and  the  chiefs  of  each  and  every  bureau  of  said  depart- 
ments, or  any  of  them,  except  the  police  department,  shall,  with 
reasonable  promptness,  furnish  to  any  taxpayer  desiring  the 
same  a  true  aud  certified  copy  of  any  book,  account,  or  paper 
kept  by  "such  department,  bureau,  or  officer,  or  such  part  there- 
of as  may  be  demanded,  Upon  payment  in  advance  of  five  cents 
for  every  hundred  words  thereof  by  the  person  demanding  the 
same.  All  books,  accounts,  and  papers  in' any  department  or 
bureau  thereof,  except  the  police  department,  'shall  at  all  times 
be  open  to  the  inspection  of  any  taxpayer,  subject  to  any 
reasonable  rules  and  regulations  in  regard  to  the  time  and  man- 
ner of  such  inspection  as  such  department,  bureau  or  officer 


SALARIES. 


15 


may  make  in  regard  to  the  same,  in  order  to  secure  the  safety 
of  such  books,  accounts,  and  papers,  and  the  proper  use  of  them 
by  the  department,  bureau,  or  officer.  Jn  case  such  inspection 
shall  be  refused,  such  taxpayer,  on  his  sworn  petition,  describ- 
ing the  particular  book,  account,  or  paper  that  he  desires  to  in- 
spect, may,  upon  notice  of  not  less  than  one  day  to  such  depart- 
ment, bureau,  or  officer,  apply  to  any  justice  of  the  supreme 
court  for  an  order  that  he  be  allowed  to  make  such  inspection 
such  justice  shall  by  his  order  authorize,  and  such  order  shall 
specify  the  time  and  manner  of  such  inspection. 

§  51.  In  every  department  or  board  there  shall  be  kept  a  ts»,ch.«B,iiio, 
record  of  all  its  transactions,  which  shall  be  accessible  to  the  Recuiistobe 
public,  and  once  a  week  a  brief  abstract,  omitting  formal  lan-  aStracta 
guage,  shall  be  made  of  all  transactions,  and  of  all  contracts  |,u,,llsl1"'1 
awarded  and  entered  into  for  work  and  material  of  every  de- 
scription, which  abstract  shall  contain  the  name  or  names,  and 
residences  by  street  and  number,  of  the  party  or  parties  to  the 
contract,  and  of  their  sureties,  if  any.    A  copy  of  such  abstract 
shall  be  promptly  transmitted  to  the  person  designated  to  pre- 
pare the  City  Record,  and  shall  be  published  th%gein.    Notice  of  Notice  of  ap 
all  appointments  and  removals  from  office,  and  all  changes  of  £>be pubUs^d! 
salaries,  shall,  in  like  manner,  within  one  week  after  they  are 
made,  be  transmitted  to  and  published  in  the  City  Record. 

§  52.  The  annual  salaries  to  be  paid  to  persons  herein  named,  iaao,  oh.  an,  >•.>. 
and  elected  or  appointed  to  the  several  specified  positions,  shall,  Salan,">- 
from  and  after  their  entrance  upon  their  duties,  be  as  follows, 
and  such  salaries  shall  be  in  full  for  all  services  rendered  by 
them  to  the  city  or  county  in  any  capacity  whatever;  ■ 

To  the  mayor,  ten  thousand  dollars. 

To"  the  comptroller,  ten  thousand  dollars. 

To  the  commissioner  of  public  works,  eight  thousand  dollars. 

To  the  corporation  counsel,  twelve  thousand  dollars,  and  all 
legal  costs  collected  by  him  shall  be  paid  into  the  treasury  of  the 
city. 

To  the  commissioners  of  police,  five  thousand  dollais  each. 
To  the  president  of  the  department  of  parks,  five  thousand 
dollars. 

To  the  commissioners  of  the  department  of  parks,  other  than 
the  president,  nothing. 

To  the  commissioners  of  the  fire  department,  five  thousand 
dollars  each. 

To  the  commissioners  of  the  department  of  public  charities 
and  correction,  five  thousand  dollars  each. 

To  the  corporation  attorney,  the  public  administrator,  and 
the  attorney  for  the  collection  of  arrears  of  personal  taxes,  four 
thousand  dollars  each. 


L6 


SALARIKS. 


1881.  cii.  asr,  |l. 


Subordinate 
salaries  limitrd. 


1873,cll.835,Sll«, 
Comp.  105. 
Annual  Hnlarics 


1873, ch.  S35.j0.-S. 
Comp.  92. 
Certificates  of 
appointment. 


lS73,ch.335,§! 
Comp.  92. 
Official  oath. 


To  the  attorney  for  the  fire  department ,  four  thousand  dollars. 
To  the  president  of  the  health  department  five  thousand 
dollars. 

To  the  commissioner  of  the  health  department,  other  than 
the  president,  four  thousand  dollars. 

To  the  president  of  the  hoard  of  aldermen,  three  thousand 
dollars.  • 

To  the  memhers  of  the  hoard  of  aldermen.  Other  than  the 
president,  two  thousand  dollars  each. 

To  the  president  of  the  department  of  taxes  and  assessments, 
five  thousand  dollars. 

To  the  commissioners  of  the  department  of  taxes  and  assess- 
ments, other  than  the  president,  four  thousand  dollars. 

To  the  commissioners  of  the  department  of  docks,  three 
thousand  dollars  each. 

To  the  commissioner  of  street  cleaning,  six  thousand  dollars. 

To  the  commissioners  of  accounts,  appointed  hy  the  mayor, 
two  thousand  dollars  each. 

Xo  subordinate  in  any  department  shall  receive  a  salary  in 
excess  of  the  highest  salary  paid  to  the  head  of  the  department, 
except  that  the  chief  engineer  of  docks  and  the  superintendent 
of  police  may  each  receive  a  salary  not  exceeding  six  thousand 
dollars. 

But  there  shall  continue  to  he  paid  to  the  persons  who  held 
the  following  specified  positions  on  May  28,  1880,  during  the  re- 
mainder of  the  terms  then  held  hy  them,  so  long  as  they  retain 
the  same,  annual  salaries  as  follows,  which  shall  be  in  full  for  all 
services  rendered  hy  them  to  the  city  or  county,  in  any  capacity 
whatever: 

To  the  commissioners  of  police,  six  thousand  dollars  each. 
To  the  commissioners  of  parks,  other  than  the  president, 
nothing. 

To  the  president  of  the  health  department,  six  thousand  five 
hundred  dollars. 

To  the  commissioner  of  health,  other  than  the  president,  five 
thousand  dollars. 

To  the  commissioners  of  taxes  and  assessments,  five  thousand 
dollars  each. 

To  the  commissioners  of  accounts,  appointed  by  the  mayor, 
three  thousand  dollars  each. 

§  53.  Every  person  who  shall  be  appointed  or  elected  to  any 
office  under  the  said  city  shall  receive  a  certificate  of  appoint- 
ment, designating  the  term  for  which  such  person  has  been  ap- 
pointed or  elected. 

§  51.  Every  person  elected  or  appointed  to  any  office  under  the 
city  government  shall,  within  five  days  after  notice  of  such  elec- 


•  PEES,  ETC.,  TO  I5K  PAID  OVER 


17 


tion  or  appointment,  take  and  subscribe,  before  the  mayor  or  any 
judge  of  a  court  of  record,  an  oath  or  affirmation  faithfully  to 
perform  the  duties  of  his  office;  which  oath  or  affirmation  shall 
lie  tiled  in  the  office  of  the  mayoi . 

§55.  Any  person  holding  office,  whether  by  election  or  ap-  ^;,;,'[)" 
pointment,  who  shall,  during  his  term  of  office,  accept,  hold,  or  ^<1',^t'll),;.trI" 
retain  any  other  civil  office  of  honor,  trust,  or  emolument  under  ^jj'.',.;" f"' " 11 
the  government  of  the  United  States  (except  commissioners  for  ^  V' 
the  taking  of  bail,  or  register  of  any  court),  or  of  the  State  (ex-  -™  ^iSix! ii: 
cept  the  office  of  notary  public  or  commissioner  of  deeds,  or  of-  Is'i^s 
ficer  of  the  national  guard),  or  who  shall  hold  or  accept  any  oth-  418, 
er  office  connected  with  the  government  of  the  city  of  New  York, 
or  who  shall  accept  a  seat  in  the  legislature,  shall  l>e  deemed 
thereby  to  have  vacated  every  office  held  by  him  under  the  city 
government.    No  person  shall  hold  two  city  or  county  offices, 
except  as  expressly  provided  in  this  act;  nor  shall  any  officer  un- 
der the  city  government  hold  or  retain  an  office  under  the  coun- 
ty government,  except  when  he  holds  such  office  ex-officio,  by 
virtue  of  an  act  of  the  legislature;  and  in  such  case  he  shall  draw 
no  salary  for  such  ex-officio  office. 

§  56.  No  officer  of  the  city  government,  except  the  city  mar-  i^n'*' 
shals.  shall  have  or  receive  to  his  oyipuse  any  fees,  perquisites,  ^imp1^57  *10 
or  commissions,  or  any  percentage;  but  every  such  officer  shall  ^ewefeesto 
be  paid  by  a  fixed  salary,  and  all  fees,  percentages,  and  commis-  1s'ijiIow".}^*' 
sions  received' by  any  such  officer  shall  be  the  property  of  the  aam,«B'; 
city.    And  every  officer  who  shall  receive  any  fees,  perquisites.  i8»|ch.sA,S9 
commissions,  percentages,  or  other  money  which  should  be  paid 
over  to  the  city,  shall,  before  he  shall  be  entitled  to  receive  any 
salary,  make  under  oath  a  detailed  return  to  the  comptroller, 
showing  the  amount  of  all  such  fees,  commissions,  percentages, 
perquisites,  and  moneys  received  by  him  since  the  last  preceding 
report,  the  person  from  whom  received,  and  the  reason  for  its 
payment,  and  shall  produce  the  receipt  of  the  chamberlain, 
showing  the  payment  to  him,  by  said  officer,  of  the  aggregate 
amount  thereof.    All  sums  received  as  above,  or  for  licenses  or 
permits,  except  as  in  this  act  otherwise  expressly  provided,  shall 
be  paid  over  weekly,  without  deduction  by  the  officers  or  depart- 
ment receiving  them,  to  the  chamberlain,  and  a  detailed  return 
under  oath  shall  at  the  time  be  made  in  such  form  as  the  comp- 
troller shall  prescribe,  stating  when  and  from  whom,  and  for 
what  use  such  moneys  were  received.    No  officer  or  person  who  offloei  - 
is  paid  a  salary  for  his  services  from  the  city  treasury  and  who  niariesnoi  - 
entered  upon  his  office  since  May  2S,  1SS0,  or  shall  hereaft  er  ell-  their  own  use 
ter  upon  his  office,  shall  receive  to  or  for  his  own  use  any  fees,  i8w,cb.  su,  is 
costs,  allowances,  perquisites  of  office,  commissions,  percentage, 
or  moneys  paid  to  Him  in  his  official  capacity:  but  all  fees,  costs. 


18 


FRAUDS  AND  BRIBER)  . 


Return  of  to  be 
inadi-  before 
salary  is  pniil. 


J8V3,  oh.  Xij.i 
Comp.  92. 
Penalty  for 
frauds  upon 
City,  etc. 
13  Hun.  395. 


ieT3,ch..33o.§100, 
Comp.  93. 
Bribery,  etc.. 
how  punished. 


allowances,  perquisites,  commissions,  percentages,  and  moneys 
80  paid  or  received  by  any  such  officer  or  person,  shall  be  the 
property  of  the  city  and  shall  be  paid  by  him  into  the  city  treas- 
ury ;  and  eveiy  such  officer  or  person  who  shall  receive  any  fees, 
perquisites,  commissions,  percentages,  or  other  moneys  which 
belong  to  the  city,  and  should  be  so  paid  into  the  treasuiy,  shall, 
before  he  shall  be  entitled  to  receive  or  be  paid  his  salary,  make 
under  oath  a  detailed  statement  and  return  to  the  comptroller,  in 
such  form  as  he  may  prescribe,  showing  the  amount  of  all  sucb 
moneys  received  by  him  since  the  last  preceding  statement  and  re- 
turns, and  shall  produce  a  receipt  showing  the  payment  of  such 
sum  into  the  treasury.  The  comptroller  may  require  any  such 
person  or  officer  to  make  such  statement  and  return  to  him,  if  it 
be  not  made  as  herein  provided;  and  may  examine  any  such  of- 
ficer or  person  under  oath  touching  the  amount  of  any  fees, 
costs,  allowances  perquisites,  commissions,  percentages,  or 
moneys  paid  to  or  received  by  him  in  his  official  capacity. 

£  57.  Any  officer  of  the  city  government,  or  person  employed 
in  its  service,  who  shall  wilfully  violate  or  evade  any  of  the  pro- 
visions of  law,  or  commit  any  fraud  upon  the  city,  or  convert 
any  of  the  public  property  ^o  his  own  use,  or  knowingly  permit 
any  other  person  so  to  convert  it,  or  by  gross  or  culpable  neglect 
of  duty  allow  the  same  to  be  lost  to  the  city,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  in  addition  to  the  penalties  im- 
posed by  law,  and  on  conviction,  shall  forfeit  his  office,  and  be 
excluded  forever  after  from  receiving  or  holding  any  office  under 
the  city  government ;  and  any  person  who  shall  wilfully  swear 
falsely  in  any  oath  or  affirmation  required  by  this  chapter  shall 
be  guilty  of  perjury. 

§  58.  Every  person  who  shall  promise,  offer,  or  give,  or  cause, 
or  aid,  or  abet  in  causing  to  be  promised,  offered,  or  given,  or 
furnish,  or  agree  to  furnish,  in  whole  or  in  part,  to  any  other 
person,  to  be  promised,  offered,  or  given  to  any  member  of  the 
common  council,  or  any  officer  of  the  corporation,  or  clerk,  after 
Ins  election  or  appointment  as  such  officer,  meYnber,  or  clerk,  or 
before  or  after  he  shall  have  qualified  and  taken  his  seat,  or  en- 
tered upon  his  duty,  any  moneys,  goods,  right  in  action,  or  other 
property  or  anything  of  value,  or  any  pecuniary  advantage, 
present  or  prospective,  with  intent  to  influence  his  vote,  opinion, 
judgment,  or  action  on  any  question,  matter,  cause,  or  proceed- 
ings which  may  be  then  pending,  or  may  by  law  be  at  any  time 
brought  before  him  in  his  official  or  clerical  capacity,  shall  be 
deemed  guilty  of  a  felony,  and  shall,  upon  conviction,  be  im- 
prisoned in  a  penitentiary  for  a  term  not  exceeding  two  years,  or 
shall  be  fined  not  exceeding  five  thousand  dollars,  or  both,  in  the 
discretion  of  the  court.   Every  officer  in  this  section  enumerated, 


CONTHACTS. 


19 


who  shall  accept  any  sucli  gift,  or  promise,  or  undertaking  to 
make  the  same  under  any  agreement  or  understanding  that  his 
vote,  opinion,  judgment .  or  action  shall  he  influenced  thereby, 
or  shall  he  given  in  any  question,  matter,  cause,  or  proceeding 
then  or  at  any  time  pending,  or  which  may  hy  law  he  hrought 
before  him  in  his  official  capacity,  shall  he  deemed  guilty  of  a 
felony,  and  shall,  upon  conviction,  he  disqualified  from  holding 
any  public  office,  trust,  or.  appointment  under  the  city  of  New 
York,  and  shall  forfeit  his  office,  and  shall  he  punished  hy  im- 
prisonment in  the  penitentiary  not  exceeding  two  years,  or  by  a 
fine  not  exceeding  five  thousand  dollars,  or  both,  in  the  discre- 
tion of  the  court.    Kvery  person  offending  against  either  of  the  °»*«'iuicrs 

»  J   i  o     o  competent 

provisions  of  this  section  shall  he  a  competent  witness  against  wi'»esses. 
any  other  pei-son  offending  in  the  same  transaction,  and  may  he 
compelled  to  appear  and  give  evidence  before  any  grand  jury,  or 
in  any  court,  in  the  same  manner  as  other  persons;  hut  the  testi- 
mony so  given  shall  not  he  used  in  any  prosecution  or  proceed- 
ing, civil  or  criminal,  against  the  person  so  testifying. 

§  59.  No  member  of  the  common  council,  head  of  depart-  oS^gJ5'*101 
ment,  chief  of  bureau,  deputy  thereof  or  clerk  therein,  or  other  officers  of  the 

'  X  corporation  not 

officer  of  the  corporation,  shall  he  or  become,  directly  or  indi-  !° ,K!  interested 

*  *J  J  in  contracts, 

rectly,  interested  in  or  in  the  performance  of  any  contract,       Y  31«.3 
work,  or  business,  or  the  sale  of  any  article,  the  expense,  price,  ^"n'y^^o 
or  consideration  of  which  is  payable  from  the  city  treasury,  or 
by  any  assessment  levied  by  any  act  or  ordinance  of  the  com- 
mon council  :  nor  in  the  purchase  or  lease  of  any  real  estate  or 
other  property  belonging  to  or  taken  by  the  corporation,  or 
which  shall  be  sold  for  taxes  or  assessments,  or  by  virtue  of  • 
legal  process  at  the  suit  of  the  said  corporation.    If- any  person  Penalt>' 
in  this  section  mentioned  shall,  during  the  time  for  which  he 
was  elected  or  appointed,  knowingly  acquire  an  interest  in  any 
contract  or  work  with  the  city,  or  any  department  or  officer 
thereof,  unless  the  same  shall  he  devolved  upon  him  by  law,  he 
shall,  on  conviction  thereof,  forfeit  his  office,  and  be  punished  as  , 
for  a  misdemeanor.    All  such  contracts  in  which  any  such  per- 
son is  or  becomes  interested  shall,  at  the  option  of  the  comptrol- 
ler, be  forfeited  and  void.  No  person  in  this  section  named  shall  Not  to  give  any 

,         .  '  ..  pi-  i  *  portion  of  com  - 

give,  or  promise  to  give,  any  portion  ot  Ins  compensation,  or  peMattonto 

l      if   XU«         ±  £C  Ci1        f,  .  another  in  con 

any  money  or  valuable  thing,  to  any  officer  of  the  city,  or  to  anv  sideration  of 
other  person,  in  consideration  of  his  having  been  or  being  nomi-  etc. 
nated,  appointed,  elected,  or  employed  as  such  officer,  agent, 
clerk,  or  employee,  under  the  penalty  of  forfeiting  his  office 
and  being  forever  disqualified  from  being  elected,  appointed,  or 
employed  in  the  service  of  the  city,  and  shall,  on  conviction,  he 
punished  for  a  misdemeanor. 

*>  GO.  Any  alderman,  commissioner,  head   of  department,  ^p11^5,5109- 


20 


i  \  \  MI  NATION  OF  OFFICERS. 


Summary  ex- 
amination of 
officers. 


Subject  of  in- 
quiry. 


To  Kive  perti- 
nent answers, 
and  produce 
books,  etc. 


Witnesses  may 
examine. 


Pow  ers  of 
justice. 


Costs. 


Examination  to 
be  reduced  to 
writing  and 
filed. 


chief  of  bureau,  deputy  thereof  or  clerk  therein,  or  other  ofricei 
of  the  corporation  or  person,  may,  if  a  judge  shall  so  order,  be 
summarily  examined  upon  an  order  to  he  made  on  application 
based  on  an  affidavit  of  the  mayor  or  of  the  comptroller,  or  any 
five  aldermen,  or  any  commissioner  of  account.-;,  or  of  any  five 
citizens  who  are  taxpayers,  requiring  such  examination,  and 
signed  by  any  justice  of  the  supreme  court  of  the  first  judicial 
department,  directing  such  examination  to  be  publicly  made  at 
the  chambers  of  said  court,  or  at  the  office  of  said  department, 
on  a  day  and  hour  to  be  named,  not  less,  however,  than  forty- 
eight  hours  after  personal  service  of  said  order.  Such  examina- 
tion shall  be  confined  to  an  inquiry  into  any  alleged  wrongful 
diversion  or  misapplication  of  any  moneys  or  fund,  or  any  viola- 
tion of  the  provisions  of  law,  or  any  want  of  mechanical  qualifi- 
cations of  any  inspectorship  of  public  work,  or  any  neglect  of 
duty  in  acting  as1  such  inspector,  or  any  delinquency  charged  in 
said  affidavit  touching  the  office  or  the  discharge  or  neglect  of 
duty,  of  which  it  is  alleged  in  the  application  for  said  order  that 
such  alderman,  head  of  department,  or  other  aforementioned 
officer  or  persons,  has  knowledge  or  information.  Such  alder- 
man, commissioner,  head  of  department,  clewk  or  other  afore- 
said officer  or  person  shall  answer  such  pertinent  questions 
relative  thereto,  and  produce  such  books  and  papers  in  hjs 
custody  or  under  his  control,  as  the  justice  shall  direct,  and  the 
examination  may  be  continued  from  time  to  time,  as  such* 
justice  may  order,  but  the  answer  of  the  party  charged  shall  not 
be  used  against  him  in  any  criminal  proceeding ;  provided, 
however,  that  for  all  false  answers  on  material  points  he  shall  be 
subject  to  the  pains  and  penalties  of  the  crime f)f  perjury.  The 
proceedings  may  be  continued  before  any  other  justice  in  said 
district,  and  other  witnesses,  as  well  as  the  parties  making  such 
application,  may,  in  the  discretion  of  said  justice,  be  compelled 
to  attend  and  be  examined  touching  such  alleged  delinquencies. 
Such  justice  may  punish  any  refusal  to  attend  such  examination 
or  to  answer  any  questions  pursuant  to  his  order,  as  for  a  con- 
tempt of  court,  and  shall  have  as  full  power  and  authority  to  en- 
force obedience  to  the  order  or  directions  of  himself  or  any  other ' 
justice,  as  any  justices  of  the  supreme  court  may  now  have,  or 
shall  possess,  to  enforce  obedience  or  to  punish  contempt  in  any 
case  or  matter  whatever,  and  shall  impose  costs  upon  those 
promoting  such  an  examination,  not  exceeding  two  hundred  and 
fifty  dollars,  if  he  thinks  there  was  no  probable  cause  for 
makingthe  application  hereinbefore  provided  for,  the  said  costs 
to  be  paid  to  the  officer  or  person  examined,  and  for  which  the 
said  officer  or  person  may  have  judgment  and  an  execution.  The 
examination  hereinbefore  provided  for  shall  be  reduced  to  writ- 


U'l'Koi'HlATlo.N   OF  PUBLIC  MONEY.  2j 

ing,  and  be  liledjn  theofliee  of  (ho  county  clerk  of  the  county  of 
New  York,  and  be  at  all  reasonable  times  accessible  to  the  pub- 
lic, and  notice  of  the  same  be  given  t<>  the  department  in  which 
said,  officer  is  employed. 

^  01.  No  money  belonging  to  the  city.  OX  city  and  county  of  wra.ch.iwjre. 
°  J  oc  •  ^i       -l'  amended. 

New  York,  raised  bv  taxation  upon  the  property  ot  tbe  citizens  ^v.i.c-i.  m 

•  '  J  ...  .      Coin]).  Ki. 

thereof,  shall  be  appropriated  in  aid  of  any  religious  or  denomi-  M6neya,ho* 
national  school,  neither  shall  any  property,  real  or  personal,  be- 
longing to  said  city,  or  said  city  and  county,  ho  disposed  of  to 
any  such  school,  except  upon  the  sale  thereof  at  public  auction, 
after  the  same  has  been  duly  advertised,  at  which  sale  such 
school  shall  be  the  highest  bidder,  and  upon  payment  of  the 
sum  so  bid  into  the  city  treasury  ;  neither  shall  any  property 
belonging  to  the  cify,  or  city  and  county,  he  leased  to  any  school 
under  the  control  of  any  religious  or  denominational  institution, 
except  upon  such  terms  as  city  property  may  be  leased  to 
private  parties  after  the  same  has  been  duly  advertised. 

,4  02.  All  property  sold  other  than  land  under  water  shall  be  prPP°^y  ■". 

r     *      J  sold  at  auction. 

sold  at  auction,  after  previous  public  notice,  under  the  super-  {^pV88''88, 
inteudence  of  the  appropriate  head  of  department.  The 
proceeds  of  all  sales  made  under  and  by  virtue  of  this  act  shall, 
except  as  herein  otherwise  specially  provided,  be  by  the  officer 
receiving  the  same  immediately  deposited  with  the  chamber- 
lain ;  and  the  account  of  sales,  verified  by  the  officer  making 
the  sales,  shall  he  immediately  filed  in  the  office  of  the  comp- 
troller. 

§  03.  Except  for  repairs  no  patented  pavement  shall  be  laid  i6Hun,88o. 
and  no  patented  article  shall  be  advertised  for,  contracted  for,  saiesee<s° 
or  purchased,  except  under  such  circumstances  that  there  can  191^^^^16' 
be  a  fair  and  reasonable  opportunity  for  competition,  the  con-  c^phj(J|7,*2a' 
ditions  to  secure  which  shall  be  prescribed  by  the  board  of 
estimate  and  apportionment. 

§  64.  All  contracts  to  he  made  or  let  for  work  to  be  done  or  Patented 

°  pavements,  etc. 

supplies  to  be  furnished,  except  as  in  this  act  otherwise  provided,  isrs.ch.  S85,sn, 
and  all  sales  of  personal  property  in  the  custody  of  the  several  Contracts  for 
departments  or  bureaus  shall  be  made  by  the  appropriate  heads  puen,etc. 
of  departments  under  such  regulations  as  now  exist  or  shall  he  y.  *»«'•  ss'n.  V. 

1  °  388;  IT  Hun, 

established  by  ordinances  ot  the  common  council.    Whenever  ^8;  2W  8at;ffi 

<  J        '  Barb.  331 ;  10  V 

any  work  is  necessary  to  be  done  to  complete  or  perfect  a  ^;.r$^-\^v. 
particular  job,  or  any  supply  is  needful  for  any  particular  pur-  g  si^Tjo^,^ 
pose,  which  work  and  job  is  to  be  undertaken  or  supply  furnished  ^e^^J^56' 
for  the  corporation,  and  the  several  parts  of  the  said  work  or  ^tra^'see* 
supply  shall  together  involve  the  expenditure  of  more  than  one  ^  h,^;  JS; 
thousand  dollars,  the  same  sball  be  by  contract,  under  such  conteacte^uat 
regulations  concerning  it  as  shall  be  established  by  ordinance  of  sealed1  bfd^etc. 
the  common  council,  excepting 'such  works  now  in  progress  as  188,-ch-3°k 


22 


CITY  RECORD. 


licly  opened. 


are  authorized  by  law  or  ordinance  to  be  done  otherwise  than 
by  contract,  and  unless  otherwise  ordered  by  a  vote  of  three- 
fourths  of  the  members  elected  to  the  common  council ;  and  all 
contracts  shall  be  entered  into  by  the  appropriate  heads  of 
departments,  and  shall,  except  as  herein  otherwise  provided,  be 
founded  on  sealed  bids  or  proposals,  made  in  compliance  with 
public  notice  duly  advertised  in  the  City  Record,  said  notice  to 
he  published  at  least  ten  days  ;  if  the  head  of  department  shall 
not  deem  it  for  the  interests  of  the  city  to  reject  all  bids  he  shall, 
without  the  consent  or  approval  of  any  other  department  or  officer 
of  the  city  government,  award  the  contract  to  the  lowest  bidder, 
the  terms  of  whose  contract  shall  be  settled  by  the  counsel 
to  the  corporation  as  an  act  of  preliminary  specification  to  the 
bid  or  proposal,  and  who  shall  give  security  for  the  faithful  per- 
formance of  his  contract  in  the  manner  prescribed  and  required 
by  ordinance  ;  and  the  adequacy  and  sufficiency  of  this  security 
shall,  in  addition  to  the  justification  and  acknowledgment, 
be  approved  by  the  comptroller.  All  bids  or  proposals  shall  be 
publicly  opened  by  the  officers  advertising  for  the  same  and  in 
the  presence  of  the  comptroller,  but  the  opening  of  the  bids  shall 
not  be  postponed  if  the  comptroller  shall,  after  due  notice,  fail 
to  attend.  If  the  lowest  bidder  shall  neglect  or  refuse  to  accept 
the  contract  within  five  days  after  written  notice  that  the  same 
18M,  ch.  147, 88.  has  been  awarded  to  his  bid  or  proposal,  or  if  he  accepts  but 
does  not  execute  the  contract  and  give  the  proper  security,  it 
shall  be  readvertised  and  relet  as  above  provided.  In  case  any 
work  shall  be  abandoned  by  any  contractor,  it  shall  be  read- 
vertised and  relet  by  the  head  of  the  appropriate  department,  in 
the  manner  in  this  section  provided.  1} o  bid  shall  be  accepted 
i878,eh.886,S88ol  from,  or  contract  .awarded  to,  any  person  who  is  in  arrears  to 
Defaulters  to  the  corporation  upon  debt  or  contract,  or  who  is  a  defaulter, 
awanuVeo'^  as  surety  or  otherwise,  upon  any  obligation  to  the  corporation, 
lsrl'ch'm  sns,  Every  contract,  when  made  and  entered  into,  as  before  provided 
comp.  92.  fpj^  shall  be  executed  in  duplicate,  and  shall  be  filed  in  the 
department  of  finance  ;  a  receipt  for  each  payment,  made  on 
account  of  or  in  satisfaction  of  the  same,  shall  be  indorsed 
on  the  said  contract  by  the  party  receiving  the  warrant,  which 
.warrant  shall  be  only  given  to  the  person  interested  in  such 
contract,  or  his  authorized  representative.  No  expenditure 
for  work  or  supplies  involving  an  amount  for  which  no  contract 
is  required  shall  be  made,  except  the  necessity  therefor  be 
certified  to  by  the  head  of  the  appropriate  department,  and 
the  expenditure  has  been  duly  authorized  and  appropriated, 
last,  ch.  nr.  §i.  §  05.  Whenever  proposals  for  furnishing  supplies  or  doing 
advertised!"  be  work  are  invited  by  advertisement  by  any  department  or  officer, 
such  department  or  officer  is  authorized  and  directed  to  require. 


(  IT V  RECORD. 


as  a  condition  precedent  to  the  reception  or  consideration  of  any 

proposal,  the  deposit  with  such  department  or  officer  of  a  Depotittoiw 
"     r        '  a  i  company  dm 

certified  check  upon  one  of  the  national  hanks  of  the  said  city, 

drawn  to  the  order  of  the  comptroller,  or  of  money  (  such  checks 

or  money  to  accompany  the  proposal  i  to  an  amount  not  less  than 

three  nor  more  than  five  per  cent,  of  the  amount  of  the  hond 

required  by  the  depa  it  inent  or  officer  for  the  faithful  performance 

of  the  work  proposed  to  be  done  or  supplies  to  he  furnished.  S^tBtounroc 

Within  three  days  after  the  decision  as  to  who  is  the  lowest  ce«'uibwdow. 

bidder,  the  comptroller  shall  return  all  the  deposits  made  to  the 

persons  making-  the  same,  except  the  deposit  made  hy  the  lowest 

bidder  for  any  contract  ;  and  if  the  said  lowest  bidder  shall 

refuse  or  neglect  within  five  days  after  due  notice  that  the 

contract  has  been  awarded,  to  execute  the  same,  the  amount  of 

deposit  made  hy  him  shall  be  forfeited  to  and  retained  by  the 

said  city  as  liquidated  damages  for  such  neglect  or  refusal, 

and  shall  be  paid  into  the  sinking  fund  of  the  said  city,  but  if 

the  said  lowest  bidder  shall  execute  the  contract  within  the 

time  aforesaid,  the  amount  of  his  deposit  shall  be  returned  to 

him. 

^  C>G.  There  shall  be  published  daily  (Sundays  and  legal  g^g5-*111- 
holidays  excepted),  under  a  contract  to  be  made  as  hereinafter  seei8T3,ch.8£i, 
provided,  a  paper  to  he  known  as  the  City  Record.    The  mayor,  nty  Record. 

,.  ,  ,  ..  ,        ,,.  ,  publication  of. 

corporation  counsel  and  commissioner  of  public  works  shall  Expenses  or. 

appoint  a  proper  person,  together  with  such  assistants  as  may 

be  required,  to  supervise  the  preparation  and  publication  of  the 

same,  and  they  shall  also  fix  the  rates  of  compensation  of  said 

supervisor  and  his  assistants.     All  the  expenses  connected  with 

its  publication  and  distribution,  except  the  salary  of  the  person 

appointed  to  supervise  the  same,   and  the  salaries  of  his 

assistants,  shall  be  covered  by  a  contract  for  printing,  to  be  made 

in  the  same  manner  as  other  contracts.     The  board  of  estimate 

and  apportionment  shall  provide  for  all  the  necessary  expenses 

of  conducting  the  said  City  Record.    There  shall  be  inserted  in 

said  City  Record  nothing  aside  from  such  official  matters  as  are 

expressly  authorized.    The  contract  for  the  publication  of  the  Distribution  of 

City  Record  shall  provide  for  furnishing,  free  of  charge,  to 

the  city  not  more  than  one  thousand  copies  thereof,  also  for  a 

gratuitous  distribution  to  every  newspaper  regularly  printed  in 

the  city  of  New  York,  when  it  shall  apply  for  the  same,  of  two 

copies,  and  to  every  public  library  or  public  institution  in  said 

city  which  shall  apply  for  the  same,  of  one  copy.    Copies  of  the 

same  shall  he  sold  by  the  publisher  at  a  price  to  be  fixed  by  the  ^ of- 

officers  making  the  contract,  and  the  proceeds  thereof  shall  be 

paid  over  to  the  city.    All  advertising  required  to  be  done  for  the 

city,  except  as  in  this  act  otherwise  specially  provided,  and  all 


24 


CITY  RECORD. 


notices  required  by  law  or  ordinance  to  he  published  in  corpora- 
tion papers,  shall  be  inserted,  at  the  public  expense,  only  in  t In- 
City  Record,  and  a  publication  therein  shall  be  a  sufficient 
compliance  with  any  law  or  ordinance  requiring  publication 
todto^bi"sh«i  °^  sucn  niatters  or  notices  ;  but  there  may  be  inserted  in  two 
in  other  papers,  m0rning  and  two  evening  and  two  weekly  papers  published 
in  the  English  language,  and  in  one  newspaper  published  in 
the  German  language,  all  in  said  city,  to  be  designated  by 
the  -mayor,  corporation  counsel  and  commissioner  of  public 
works,  annually,  brief  advertisements  calling  attention  to  any 
contracts  intended  to  be  awarded,  or  bonds  to  be  sold,  and 

1878, ch. 768, J8,  referring  for  full  information  to  said  Citv  Record.  Hut  nothing 
Camp.  iw .  .     °      .  J  & 

or  publication  herein  contained  shall  prevent  the  publication  elsewhere  of  any 

mentl  advertisement  required  by  law;  provided,  however,  that  no 

such  publication  shall  be  made  unless  the  same  is  authorized  by 
a  concurrent  vote  of  the  mayor,  corporation  counsel,  and  com- 
missioner of  public  works.     No  •money  shall  be  paid  from  the 
adw^^aot  c*ty  treasury  for  advertising  done  after  April  thirtieth,  eighteen 
to  be  paid  for.   hundred  and  seventy-three,  except  such  a^  is  herein  authorized, 
and  no  action  shall  be  maintained  or  judgment  obtained  against 
the  city  for  any  advertising  done  after  such  date,  except  such  as 
is  herein  authorized.    The  copies  of  the  City  Record  furnished 
to  the  city  shall  be  distributed  to  the  several  departments  and 
officers,  and  to  such  persons  and  in  such  manner  as  the  mayor 
i878.cii.885, §io,  shall  direct.    The  comptroller  shall  cause  a  continuous  series  of 
cur|iecord  to  the  City  Record  to  be  bound,  as  completed  quarterly,  and  to  be 
certified,  and  t"  deposited,  with  his  certificate  thereon,  in  the  office  of  the  register 
of  deeds  of  the  city  and  county  of  New  York,  in  the  county  clerk's 
office,  and  in  the  office  of  the  clerk  of  the  board  of  aldermen,  and 
copies  of  the  contents  of  any  part  of  the  same,  certified  by  such 
register,  county  clerk,  or  clerk  of  the  said  board,  shall  be  received 
in  judicial  proceedings  as  prime  facie  evidence  of  the  truth  of 
the  contents  thereof. 
i88i  cu  roe  «       §       ^  shall  be  the  duty  of  the  supei  visor  of  the  City  Record 
supervisor  to    to  cause  the  lists  of  registered  voters,  made  and  delivered  bv  the 

arrange  names  .  ^ii  -i       r   ■  ,  . 

by  districts.  chairmen  of  the  boards  of  inspectors  of  election  to  the  captains 
of  police,  and  by  them  delivered  to  him.  to  be  arranged  by  as- 
sembly districts  and  by  election  districts  of  assembly  districts, 
commencing  with  the  first,  and  in  such  manner  that  the  names 
of  all  registered  voters  residing  at  any  given  number  of  any 
street  shall  appear  together,  and  those  of  each  street  in  each 
election  district  shall  appear  arranged  by  house  numbers,  in  con- 

^    .  .    .     secutive  order,  each  street  separatelv.  And  as  soon  as  the  entire 

To  print  and  '  . 

eitvReco"}6'11  registry  Bf  voters  shall  be  completed,  -and  the  copies  thereof 
made  and  delivered,  the  said  supervisor  shall  forthwith  cause 
the  same  to  be  printed  and  published  in  the  City  Record,  and  in 


(  ITV  UF.COKD. 


the  form  and  manner  heroin  prescribed;  and  BUoh  publication 
shall  bo  made  w  ithin  eighty-four  hours  after  the  close  of  each 
annual  registration.  The  registry  of  each  assembly  district  shall  \— »>i^ 
be  printed  separately  as  a  supplement  to  the  City  Record,  and  n,i»'lv 
eacli  supplement  containing  the  registry  of  one  assemhlv  district 
shall  he  sold  separatel}'  to  persons  wishing  to  purchase  the  same 
at  not  less  than  five  cents  per  copy.  All  monef  received  there- 
for shall  he  paid  into  the  city  treasury  and  applied  toward  the 
payment  of  the  cost  of  such  publication. 

§68.  All  printing  for  said  city,  including  the  printing  of  the  i878.ch.885, 
City  Record,  shall  be  executed  and  all  stationery  shall  be  sup-  L  amended, 
plied,  under  contracts,  to  he  entered  into  by  the  mayor,  corpora-  comp.  ioo. 
tion  counsel,  and  commissioner  of  public  works.  All  proposals  [.VXgVlu 
for  printing  and  stationery  shall  be  based  upon  specifications  to  ~"cord 

1  "  •'  1  1  Stationory  nn< 

be  filed  in  the  department  of  public  works,  which  shall  set  foith  wanks, 
with  accuracy  the  number  of  every  description  of  printed  blanks; 
also  each  description  of  stationery  or  blank  books  in  ordinary 
use  in  the  board  of  aldermen  and  the  respective  departments, 
and  likely  to  be  required  during  the  year  for  which  such  con- 
tract is  to  be  given;  and  the  bids  shall  be  given  for  such  number 
of  each  printed  description  of  blanks,  or  of  each  article  of  sta- 
tionery (including  under  the  head  of  stationery,  letter  or  writing 
paper,  or  envelopes,  with  printed  headings  or  indorsements)  as 
are*  specified,  and  for  such  additional  number  as  may  be  re- 
quired) giving  the  price  for  blanks  of  every  description,  and  the 
price  of  all  other  printing  ''per  thousand  ems, 55  or  for  "rule 
and  figure  work;''  separate  contracts  shall  be  made  with  the 
the  lowest  bidder  for  any  one  description  of  printing,  or  any  ar- 
ticle of  stationery  involving  an  expense  of  more  than  five  hun- 
dred dollars.  Ten  per  cent,  of  the  amount  becoming  due,  from  Ten  per  cent, 
time  to  time,  shall  be  withheld  by  the  comptroller  until  the  com-  be  withheld l" 
pletion  of  the  contract;  and  in  case  the  contractor  shall  fail  to 
fulfil  the  same  to  the  satisfaction  of  the  mayor,  corporation 
counsel,  and  commissioner  of  public  works,  then  they  may  de- 
clare said  contract  to  be  annulled,  and  they  shall  immediately 
give  notice  for  other  bids  for  such  printing  during  the  remainder 
of  the  term  of  contract.  No  judgment  shall  be  recovered  against 
the  city  for  printing  or  stationery  done  or  furnished  after  April 
thirtieth,  eighteen  hundred  and  seventy-three,  unless  done  or 
furnished  under  a  contract  where,  under  the  provisions  of  chap- 
ter three  hundred  and  thirty-five  of  the  laws  of  eighteen  hun- 
dred and  seventy-three,  or  of  this  act,  a  contract  wras  or  is  % 
necessary,  or  under  a  valid  contract,  or  unless  upon  evidence  of 
a  contract  made  as  provided  in  this  section.  Separate  contracts  sepmatecon- 
may  be  made  at  any  time  for  engraving,  lithographing,  wood-  engravings, 
cuts,  maps,  or  other  picture  work,  as  the  same  may  be  required: 


maps.  etc. 


CITS  KKCOKD. 


Copies  >>f  mes- 
sages and  re- 
ports limited 


City  manual. 


List  of  all  ofti 
cers  and  subi  ir. 
dlnatefl  to  be 
published 
yearly 


Powers  of 
supervisor  of 
( 'it y  Record. 


What  to  be 
published. 


See  18T2.  eh.  or.". 
$90. 

As  amended. 
1873,  ch.  823,  §4. 
1881.  eh.  450.  §0 


Printing  and 
stationery. 


but  not  hing  herein  contained  shall  be  construed  to  require  a  sep- 
arate contract  for  each  engraving,  lithograph,  or  woodcut,  or 
map,  unless  the  officers  aforesaid  shall  deem  the  same  advisable 
for  the  interest  of  the  city.  No  more  than  one  thousand  copies 
of  any  message  of  the  mayor,  or  report  of  any  head  of  a  de- 
partment, and  no  more  than  five  hundred  copies  of  any  report 
of  a  committee  *>f  the  hoard  of  aldermen,  shall  be  printed  apart 
from  the  City  Record.  Neither  the  work  known  as  the  Manual 
of  the  Common  Council  nor  any  similar  work  shall  he  printed  at 
the  public  expense;  but  there  shall  be  published  in  the  City  Rec- 
ord, Avithin  the  month  of  January  in  each  year,  a  list  of  all  sub- 
ordinates employed  in  any  department  (except  laborers),  with 
their  salaries  and  residences  by  street  numbers,  and  all  changes 
in  such  subordinates  or  salaries  shall  be  so  published  within  one 
week  after  they  arc  made.  It  shall  be  the  duty  of  all  heads  of 
departments  to  furnish  to  the  person  appointed  to  supervise  the 
publication  of  the  City  Record,  everything  required  to  be  insert- 
ed therein.  The  said  person  shall  have  the  power  to  make  requi- 
sitions in  writing  upon  the  heads  of  departments  to*  furnish  the 
information  necessary  to  make  up  such  list  according  to  rules 
prescribed  by  him  and  approved  by  the  comptroller-  and  such 
information  must  be  supplied  by  the  department  within  ten  days 
after  such  requisition.  He  shall  have  power  to  require  such  in- 
formation in  the  same  manner,  every  three  months,  and  all  other 
information  in  the  control  of  said  heads  of  departments,  neces- 
sary to  perform  his  duties  under  this  section.  He  shall  include 
in  his  list  the  number  of  laborers,  designating  the  department  in 
which  they  are  employed,  and,  if  practicable,  the  numbers  em- 
ployed in  the  prosecution  of  specific  work,  and  the  amounts  paid 
to  them.  He  shall  also  cause  to  be  printed  in  each  issue  of  said 
City  Record  a  separate  statement  of  the  hours  during  which  all 
public  offices  in  the  cit}r  are  open  for  business,  and  at  which  each 
ce^rt  regularly  opens  and  adjourns  as  well  as  of  the  places  where 
such  offices  are  kept  and  such  courts  are  held.  The  detailed  can- 
vass of  votes,  at  every  election,  shall  be  published  in  the  City 
Record.  A  list  of  the  registered  plumbers  shall  be  published  in 
the  City  Record  at  least  once  in  each  year.  The  mayor  may  ol- 
der the  insertion  of  any  official  matter  or  report  in  the  City  Re- 
cord. Nothing  herein  contained  shall  apply  to  any  printing  or 
supplies  of  stationery  for  the  mayor,  aldermen,  and  commonalty 
of  the  City  of  New  York,  where,  by  the  concurrent  vote  of  the 
mayor,  counsel  to  the  corporation,  and  commissioner  of  public- 
works,  it  shall  be  decided  to  have  such  printing  done  or  such 
stationery  furnished  without  contract  let  after  advertisement 
for  bids  or  proposals,  but  in  such  cases  such  printing  shall  be 
done  and  such  stationery  procured  in  the  manner  and  on  such 


LKfilsi.A TIN  i:  DKI'AUTMKNI'. 


27 


terms  and  conditions  as  the  said  officers  shall  <!<*  in  to  be  for  the 
best  interests  of  the  city. 

ti;i.  The  commissioner  of  public  works,,  in  conjunction  with  [§>».<* 

°  .  1*.*.  ell.  Vi\  jil. 

the  mayor  and  comptroller,  is  authorized  from  time  to  time  to  lV;"'!.'|;''l,''sl 

contract  for  lighting  the  streets,  avenues,  piers,  parks,  and  places  j  '^'j'  "V! 

of  the  citv  with  gas  or  other  illuminating  material  bv  one  or  street*, 

more  contracts  to  be  let  at  public  lettings,  as  provided  by  law, 

for  a  period  of  one  year,  or  any  part  of  a  year,-and  commencing 

and  terminating  at  any  dates  the  said  board  may  determine 

The  care  and  maintenance  of  such  lamps  shall  be  under  the  su-  '  "'"  1 

1  (enance  of 

pervisiou  of  the  commissioner  of  public  works.    Provided,  al-  '"'"P8- 
ways,  that  the  department  of  public  parks  shall  have  exclusive 
authority  to  decide  when  and  where  any  new  lamps  shall  be  put 
and  lighted  in  any  of  said  parks  or  places  under  its  control. 


CHAPTER  IV. 

Legislative  Department. 

§  70.  A  majority  of  the  board  of  aldermen  shall  constitute  a  ^i;,^,;, 
quorum.  The  comptroller,  the  commissioner  of  public  works,  Quorum, 
the  corporation  counsel,  and  the  president  of  each  department 
shall  be  entitled  to  seats  in  the  board,  and  to  notice'of  its  meet- 
ings, and  shall  have  the  right  to  participate  in  its  discussions, 
but  in  no  wise  shall  be  considered  as  members  of  the  board,  and 
shall  not  have  the  right  to  vote. 

71.  The  board  of  aldermen  shall:    First  by  the  affirmative  J2?3, <*: wb,  » 

'-  •'  Comp.  140 

vote  of  a  majority  of  those  present,  and  constituting  a  quorum, 
choose  a  president  from  its  own  members  by  a  call  of  the  names  :V""""Ho:» 1 -i! 
of  the  members  of  the  board,  upon  which  call  each  member  aN  Y ■4*- 
shall  announce  his  choice,  and  when  once  chosen  such  president 
can  be  removed  before  the  expiration  of  his  term  as  alderman, 
only  by  a  vote,  taken  by  a  call  of  ayes  or  noes,  of  four-fifths  of 
all  the  members  of  the  board.  Second,  appoint  a  clerk  and 
other  officers.  Third,  determine  the  rules  of  its  own  proceed- 
ings. Fourth,  be  the  judge  of  the  election,  returns,  and  qualifi-  .>h..«  m.u: 
cations  of  its  own  members,  subject,  however,  to  the  review  of 
any  court  of  competent  jurisdiction.  Fifth,  keep  a  journal  of 
its  proceedings.  Sixth,  sit  with  open  doors.  Seventh,  have  the 
authority  to  compel  -the  attendance  of  absent  members,  and  to 
punish  its  members  for  disorderly  behaviour,  and  to  expel  any 
member,  with  the  concurrence  of  two-thirds  of  the  members 
elected  to  the  board.  Xo  alderman  shall  sit  or  act  as  a  magis- 
trate in  any  judicial  matter  or  pi-oeeeding. 


•_'S 


LEGISLATIVE  DEPARTMENT. 


1H73,  ch.  885,  l'i 
Comp,  in. 


1H7.5,  cb.  886,  (8, 

('<MI1|>.  1  II. 

.Meetings. 
l878,eh.885,M9, 
14,  Com]).  111. 
Ordinances  and 
resolutions. 


I  bcpendil  i 

money  rest  ricl 
ed, 


ltcs,  ch.sa-).  gj 

10,  U,  12,  18, 
( !i  imp,  141. 

Approved  In 
mayor,  etc, 


Veto. 


Proceedings  in 
ease  of  veto. 


§  72.  Every  member  expelled  from  the  board  shall  thereby 
forfeit  all  his  rights  and  powers  as  alderman. 

§  73.  The  stated  and  occasional  meetings  of  th  1  board  shall 
be  regulated  by  its  own  resolutions  and  rules! 

§  74.  Every  legislative  act  of  the  common  council  shall  be  by 
resolution  or  ordinance.  No  ordinance  or  resolution  shall  be 
passed  excep't  by  a  vote  of  the  ma  jority  of  all  the  members 
elected  to  the  board.  In  case  any  ordinance  or  resolution 
involves  the  expenditure  of  money  or  the  laying  of  an  assess- 
ment, the  lease  of  real  estate  or  franchises,  the  votes  of  three- 
fourths  of  all  the  members  elected  to  the  board  shall  be  neces- 
sary to  its  passage.  No  money  shall  be  expended  for  any 
celebration,  procession,  funeral  ceremony,  reception,  or  enter- 
tainment of  any  kind,  or  on  any  occasion,  unless  by  the  votes 
of  four-fifths  of  all  the  members  elected  to  the  board.  Xo  addi- 
tional allowance  beyond  the  legal  claim  which  shall  exist  under 
any  contract  with  the  corporation.  OT  with  any  department  or 
officer  thereof,  or  for  any  services  on  its  account  or  in  its  em- 
ployment, shall  ever  be  passed  by  the  common  council,  except 
by  the  unanimous  vote  thereof;  and  in  all  cases  the  provisions 
of  any  such  contract  shall  determine  the  amount  of  any  claim 
thereunder  or  in  connection  therewith,  against  the  said  corpora- 
tion, or  the  value  of  any  such  services.* 

§  75.  Every  ordinance  or  resolution  shall,  before  it  shall  take 
effect,  be  presented,  duly  certified,  to  the  mayor  for  his  appro- 
val. '  The  mayor  shall  return  such  ordinance  or  resolution  to  the 
board  within  ten  days  after  receiving  it.  or  at  the  next  meeting 
of  the  board  after  the  expiration  of  said  ten  days.  If  he  ap- 
prove it  he  shall  sign  it.  If  he  disapprove  it  he  shall  specify  his 
objections  thereto  in  writing.  If  he  do  not  return  it  with  such 
disanproval  within  the  time  above  specified,  it  shall  take  effect 
as  if  he  had  approved  it.  Such  objections  of  the  mayor  shall 
be  entered  at  large  on  the  journal  of  the  board,  and  the  board 
shall,  after  ten  days,  and  within  fifteen  days  after  such  ordi- 
nance or  resolution  shall  have  been  returned  to  it,  proceed  to 
reconsider  and  vote  upon  the  same.  If  the  same  shall,  on  re- 
consideration, be  again  passed  by  the  votes  of  at  least  two- 
thirds  of  all  the  members  elected,  but  in  no  case  by  a  less  vote 
than  was  necessary  on  its  first  passage,  it  shall  take  effect.  If 
the  ordinance  or  resolution  shall  fail  to  receive,  upon  the  first 
vote  upon  such  reconsideration,  such  number  of  affirmative 
votes,  it  shall  be  deemed  finally  lost.  In  all  cases  the  vote  shall 
be  taken  by  ayes  and  noes,  and  the  names  of  the  persons  voting 
for  or  against  its  passage,  on  such  reconsideration,  shall  be  en- 
tered in  the  Journal  of  the  board.  In  case  an  ordinance  or  reso- 
lution shall  embrace  more  than  one  distinct  subject,  the  mayor 


<  l.kKK  OF  liOAHD  OF  U.hKHMF.N. 


29 


may  approve  tlic  provisions  relating  to  one  or  more  subjects  and 
disapprove  the  others.  In  such  case,  those  which  lie  shall  ap- 
prove shall  become  effective,  and  those  which  he  shall  not 
approve  shall  be  reconsidered  by  the  board,  and  shall  only 
become  effective  if  again  passed  as  above  provided. 

§  76.  The  clerk  of  the  board  of  aldermen  shall,  by  virtue  of 
his  office,  be  clerk  of  the  common  council  and  of  the  board  of  oraffiS*  ' 
aldermen,  when  performing  any  duties  or  exercising  any  powers  ofawemSST1 
heretofore  devolved  by  the  constitution  or  the  law,  upon  the  .nit '' 
board  of  supervisors,  and  shall  perform  all  his  duties  without 
additional  compensation  to  that  paid  him  as  clerk  of  the  board 
of  aldermen.    It  shall  be  his  duty  to  keep  open  for  inspection, 
at  all  reasonable  times,  the  records  and  minutes  of  the  proceed- 
ings of  said  boards.    He  shall  keep  the  seal  of  the  city,  and  his 
signature  shall  be  necessary  to  all  leases  by  the  city  of  its  prop-  4m-,mn!  y.w 
erty,  and  to  all  grants  and  other  documents,  as  under  existing 
laws. 

§  77.  Said  clerk  shall,  except  as  in  this  act  otherwise  provided, 
receive,  have,  take  charge  of,  and  keep  all  such  muniments, 
records,  patents,  deeds,  minutes,  writings  and  papers  belonging  w,%m.  'eh' 
to  the  mayor,  aldermen  and  commonalty  of  the  city  of  New  ("mp  l4G 
York  as  the  board  of  aldermen  shall  from  time  to  timq  direct  or 
order  to  be  delivered  to  and  kept  by  the  said  clerk,  but  under 
the  direction  and  subject  to  the  order  and  control  of  the  said 
board. 

§  7S.  The  original  records  and  papers  in  the  several  public  [^p"'^1,'1  ': 
offices  in  th"e  city  and  countv,  bearing  date  prior  to  and  inclu-  certain  records 

^  to  be  deposited 

sive  of  the  year  one  thousand  six  hundred  and  ninety-nine,  withde&oi 

"  ■*  '  council 

shall  be.  deposited  with  the  said  clerk,  to  be  preserved  in  his 
office,  and  said  officer  shall  cause  copies  and  translations  thereof 
to  be  filed  in  the  offices  from  which  said  records  shall  be  taken 
where  such  copies  and  translations  have  not  heretofore  been 
made  and  filed.  Access  by  the  public  shall  at  all  times  be 
allowed  for  the  examination  of  said  records  and  papers,  under 
such  regulations  as  shall  be  established  by  said  clerk  to  secure 
the  preservation  of  the  same. 

§79.  The  said  clerk  shall,  subject  to  the  rules  of  the  board,  Ls  amend.' i' 
appoint  and  remove  at  pleasure  deputy  clerks  in  his  department  comphi «!"  * J' 
and  fix  their  salaries.  The  deputy  clerks  and  other  officers  of  the 
board  of  aldermen  shall  be  officers  of  the  board  when  performing 
duties  heretofore  performed  by  the  board  of  supervisors  and  no 
separate  officers  or  subordinates  shall  be  appointed  to  aid  them 
when  performing  such  duties,  and  such  clerks  and  officers  shall 
receive  no  additional  compensation  for  services  rendered  at  such 
times.  The  aggregate  amount  of  salaries  paid  to  the  clerks  and 
officers  of  the  board  of  aldermen, including  the  salary  of  the  clerk, 
shall  not  exceed  twenty-five  thousand  dollars  in  any  one  year. 


30 


BOA  ill)  OF  ALDERMEN. 


1873,  ch.835,J16, 
Comp.  148.  Gj. 
To  prepare 
abstracts,  etc.,' 
for  publica- 
tion. 

46  N.  Y.  43:  02 

i<i.  501:  ra  [(1 

288. 


Resolutions  to 

l>e  published. 


Sir  lN80.cli.Hil. 


Mi  N.  Y.  174. 


When  to  be 

approved  by 
mayor. 


1878,eh.835,  $18 
Comp.  145. 
Taxes,  etc..  10 
Hun,  194;  «!>  N. 
Y.  444.  04  Id.. 
TOO;  6  Hun.  11. 
Seel880,ch.  161. 


1*31,  ch.  178, 
Agreement 
with  Kings 
Co. 


1874,  ch.  30-1.  $3, 
Comp.  136. 
Powers  and 
duties  of  board 
of  supervisors 
to  be  exercised 
by  board  of 
aldermen. 


§  80.  Immediately  after  the  adjournment  of  each  meeting  of 
the  board  of  aldermen,  it  shall  he  the  duty  of  the  clerk  to  prepare 
a  brief  extract,  omitting  all  technical  and  formal  details,  of  all 
resolutions  and  ordinances  introduced  or  passed,  and  of  all  rec- 
ommendations of  committees,  and  of  all  final  proceedings,  as  well 
as  full  copies  of  all  messages  from  the  mayor  and  all  reports  of 
departments  or  officers.  He  shall  at  once  transmit  the  same  to 
the  person  appointed  to  supervise  the  publication  of  the  City  Rec- 
ord. No  resolution  or  ordinance  providing  for  or  contemplating 
the  alienation  or  appropriation  or  leasing  any  property  of  the 
city,  terminating  the  lease  of  any  property  or  franchise  belong- 
ing to  the  city,  or  the  making  of  any  specific  improvement,  or 
the  appropriation  or  expenditure  of  public  moneys,  or  authoriz- 
ing the  incurring  of  any  expense,  or  the  taxing  orassessing  of 
property  in  the  city,  shall  be  passed  or  adopted  by  the  board  until 
at  least  five  days  after  such  abstract  of  its  provisions  shall  have 
been  published.  No  such  ordinance  or  resolution  shall  be  ap- 
proved by  the  mayor  until  three  days  after  such  abstract  shall 
have  been  so  published  after  its  passage;  but  if  an  abstract  of 
any  resolution  or  ordinance  shall  have  been  once  published  after 
its  introduction,  it  shall  not  thereafter  be  necessary  to  publish 
the  same  again,  but  only  to  refer  to  the  date  and  page  of  the 
former  in  the  City  Record,  and  to  state  the  amendments,  if  any. 
made  thereto.  In  all  cases  the  yeas  and  nays  upon  the  final 
passage  of  the  resloution  or  ordinance  shall  be  published. 

§  81.  The  board  of  aldermen  shall  have  no  power  to  impose 
taxes  or  assessments,  or  borrow  money,  or  contract  debts, or  loan 
the  credit  of  the  city,  or  make  a  lease  of  any  real  estate,  belong- 
ing to  the  city,  or  take  or  make  a  lease  of  any  franchise  save  at  a 
reasonable  rent  and  for  a  period  not  exceeding  five  years,  unless 
specially  authorized  so  to  do  by  act  of  the  legislature. 

§  82.  The  board  of  aldermen  shall  have  power  to  agree  with 
the  supervisors  of  the  county  of  Queens  for  the  payment  by  the 
City  of  New  York  to  the  said  county  of  Queens  of  such  propor- 
tion of  the  excess  of  the  debts  and  obligations  of  said  county  of 
Queens  which  existed  on  the  eighth  day  of  June,  eighteen  hun- 
dred and  eighty-one  over  and  above  the  value  of  all  the  property 
which  on  that  day  belonged  to  said  county,  as  should  propor- 
tionally and  equitably  be  paid  by  those  who  were  the  inhabitants, 
if  any,  and  the  property-holders  upon  North  Brothers  Island 
upon  said  day. 

§  83.  All  the  powers  and  duties  conferred  or  charged  upon  the 
board  of  supervisors  of  the  said  city  and  county  shall  be  exercised 
and  performed  by  the  board  of  alderman  of  said  city  as  such, 
subject  nevertheless  to  the  like  power  of  approval  or  rejection  by 
the  mayor  of  said  city,  as  is  or  maybe  required  by  law  in  respect 


POWERS  OF  COMMON  COI  NCII. 


to  Bets  of  the  common  council  of  said  city,  excepl  thai  when  by 
the  constitution  any  action  is  specifically  required  to  be  taken  by 
the  board  of  supervisors  of  said  city  and  county,  which  cannot, 
under  any  power  conferred  by  this  act  or  otherwise,  be  taken  in 
any  other  manner,  such  action  may  bo  taken  by  the  said  board 
of  aldermen,  but  the  concurrence  of  a  majority  of  all  the  mem- 
bers shall  in  such  case  he  necessary  to  the  passage  of  any  reso- 
lution, ordinance  or  act. 

§  84.  The  ordinances  of  the  common  council  in  force  on  the 
first  day  of  April,  eighteen  hundred  and  seventy,  and  in  force  at 
the  time  of  the  passage  of  this  act,  and  all  ordinances  passed 
and  adopted  since  the  first  day  of  May,  eighteen  hundred  and 
seventy,  and  in  force  at  the  time  of  the  passage  of  this  act,  are 
hereby  continued  in  full  force,  subject  to  modification,  amend- 
ment, or  repeal  by  the  common  council. 

§  85.  The  common  council  shall  have  power  to  make,  continue, 
modify,  and  repeal  such  ordinances,  regulations  and  resolutions 
as  may  be  necessary  to  carry  into  effect  any  and  all  of  the  powers 
vested  in  or  conferred  upon  the  corporation,  and  to  provide  by 
ordinance  whatever  provisions  or  regulations,  other  than  those 
herein  specially  authorized,  may  become  requisite  for  the  fuller 
organization,  perfecting,  and  carrying  out  the  powers  and  duties 
pi-escribed  to  any  department.  The  common  council  shall  have 
the  power  to  enforce  obedience  to  such  ordinances,  and  observ- 
ance thereof,  by  ordaining  penalties  for  each  and  every  violation 
thereof,  in  such  sums  as  it  may  deem  expedient,  not  exceeding- 
one  hundred  dollars,  and  may  direct  that  such  part  of  any  pen- 
alty as  it  shall  think  proper,  shall  be  paid  and  applied  to  the  use 
of  the  person  or  persons  who  shall  afford  such  information  as  to 
enable  the  offender  or  offenders  to  be  prosecuted  to  conviction. 
All  persons  offending  against  any  ordinance  passed  by  the  com- 
mon council  shall  be  deemed  guilty  of  misdemeanor,  and  be 
punished,  on  conviction,  by  a  fine,  or  in  default  of  payment  of 
such  fine,  by  imprisonment  not  exceeding  ten  days.  All  ordi- 
nances shall  continue  in  force  until  repealed. 

§  86.  The  common  council  shall  have  power  to  make  ordi- 
nances, not  inconsistent  with  law  and  the  constitution  of  this 
State,  and  with  such  penalties  as  are  provided  in  the  last  section, 
in  the  matters  and  for  the  purposes  following  in  addition  to  other 
powers  elsewhere  especially  granted,  namely: 

1.  To  regulate  traffic  and  sales  in  the  street 
and  public  places. 

2.  To  regulate  the  use  of  the  streets,  highways,  roads,  and 
public  places  by  foot  passengers,  animals,  vehicles,  cars,  and 
locomotives. 


1870,  ch.  190. 
1H72,  oh.  800.  |9, 
Comp.  161, 


1878lcb.8S6,|U9, 
Oomp.  1  15. 
Ordinances  in 
force. 


1878,  ch.88G,§17, 
Comp.  1-13. 

Powers  of  com- 
mon council 
2E.  D.  8.  868; 
15  N.  Y.  502;  :l 
Kob.  F6. 
Id.  §90. 
Comp.  145. 
<  Ordinances  Em 
perfecting  or- 
ganization, etc.. 

of  deportments, 
Id.  §17, 
Comp.  43.  1 


highways,  roads 


K.  L.  1813,  ch. 
80.  §274,  as 
aui.-ihlcd  1837. 
ch.  160,  §2, 
Comp.  14«. 
And  direct  pan 
to  be  paid  to 
infi  irmers, 
1833.  ch.  1!.  g», 
Comp. 


1837.  ch.  160,  §1, 
Comp.  150. 
1873,  ch.355,  §17. 
Comp.  1  13, 
as  amended 
1873,  ch.  757.  56. 


Ordinances. 
Street  traffic. 

Use  of  streets, 
etc 

1  Hilt.  562. 


I'OWKItS  OF  (  Oil 51  O.N  COUNCIL. 


59  How.  277, 888. 


Opening  of 
streets. 


Numbering  of 

llOUHCS. 


Bee 1866,  cb.  877 
Comp.  R56. 

Kemoving  ICC, 
etc. 


See  \»'r-i.  oh.677 
Comp.  870. 
13  Abb.  (N.  S.i 
115. 


;3  X.  Y.  839. 


Seel8;«.  cb.135. 


Vagrant;?,  etc. 


:i.  To  regulate  the  use  of  sidewalks,  and  prevent  the  exten- 
sion of  building  fronts  and  house  fronts  within  the  stoop-lines. 

4.  to  prevent  encroachments  upon  and  obstruction!  to  the 
streets,  highways,  roads,  and  public  places,  not  including  parks, 
and  to  authorize  and  require  the  commissioner  of  puhlic  works 
to  remove  the  same;  but  they  shall  have  no  power  to  authorize 
the  placing  or  continuing  of  any  encroachment  or  obstruction 
upon  any  street  or  sidewalk,  except  the  temporary  occupation 
thereof,  during  the  erection  or  repair  of  a  building  on  a  lot 
opposite  the  same. 

5.  To  regulate  the  opening  of  street  surfaces,  the  laying  of 
gas  and  water  mains,  the  building  and  repairing  of  sewers,  and 
the  erecting  of  gas  lights. 

•  C.  To  regulate  the  numbering  of  the  houses  and  lots  in  the 
streets  and  avenues,  and  the  naming  of  the  streets,  avenues,  and 
public  places;  but  it  shall  not  be  lawful  for  the  said  board  to 
number  or  renumber  any  houses,  in  any  street,  avenue,  alley, 
lane,  road,  way  or  public  place,  or  to  in  anywise  change  or  alter 
any  such  numbering  or  the  name  of  any  street,  avenue,  or  pub- 
lic place,  save  between  the  first  day  of  December  of  any  year 
and  the  first  day  of  May  next  ensuing. 

7.  To  regulate  and  prevent  the  throwing  or  depositing  of 
ashes,  offal,  dirt,  or  garbage  in  the  streets,  and  subject  to  the 
other  provisions  of  this  act,  to  regulate  the  cleaning  of  the  streets, 
avenues,  sidewalks,  and  gutters,  and  the  removing  ice  and  snow 
from  them. 

S.  To  regulate  the  use  of  the  streets  and  sidewalks  for  signs, 
sign-posts,  awnings,  awning-posts,  horse-troughs,  urinals,  tele- 
graph-posts, and  other  purposes. 

9.  To  provide  for  and  regulate  street  pavements,  crosswalks, 
curb-stones,  gutter-stones,  side-walks,  and  the  grade  of  streets, 
and  to  provide  for  regulating,  grading,  flagging,  curbing,  gut- 
tering, and,  subject  to  the  provisions  of  section  sixty-nine  of 
this  act,  lighting  streets,  roads,  places,  and  avenues. 

10.  To  regulate  public  cries,  advertising  noises,  steam  whis- 
tles, and  ringing  bells  in  the  streets. 

11.  In  relation  to  street  beggars,  vagrants,  and  mendicants. 

12.  In  relation  to  the  use  of  guns,  pistols,  firearms,  fire- 
crackers, fireworks,  and  detonating  works  of  all  descriptions 
within  the  city. 

13.  In  relation  to  intoxication,  fighting,  and  quarreling  in 
the  streets. 

14.  In  relation  to  places  of  public  amusement. 

15.  In  relation  to  exhibiting  banners,  placards,  or  flags  in  or 
across  the  streets,  or  from  houses  or  other  buildings. 


POW  ERS  OF  COMMON  I  OUN(  IL 


33 


it;,  [n  relation  to  the  exhibition  of  advertisements  or  hand- 
bills along  the  streets,  avenues,  and  public  plaees. 

17.  In  relation  lo  the  construction,  repairs,  and  use  of  vaults,  sKob,,  ids 
cisterns,  areas,  hydrants,  pumps,  and  sewers. 

18.  In  relation  to  partition  fences  and  walls. 

I!>.  In  relation  to  the  construction,  repair,  care  and  use  of  SDuer.os;  a 

,  Bosw.  4*3;  .11 

markets.  Sow.  889. 

20.  In  relation  to  the  licensing  and  business  of  public  cart-  ia&,cLis, 
nu  n.  truckmen,  hackmen,  cabmen,  expressmen,  car-drivers,  im™ok!88,'|2M 
boatmen,  pawnbrokers,  junk  dealers  keepers  of  intelligence  im,  eki*,  515. 
offices,  dealers  in  secondhand  articles,  hawkers,  i>eddlers  and  i86™cb.428, 
vendors.    All  licenses  therefor  shall  be  according  to  an  estab-  uceMinghaick 
lished  form  and  regularly  numbered,  and  be  duly  registered  in  Tii»*u*\ 
the  office  of  the  mayor. 

91.  In  relation  to  the  inspection  and  sealing  of  weights  and 
measures,  and  enforcing  the  keeping  and  use  of  proper  weights 
and  measures  by  vendors. 

•2-2.  In  relation  to  the  inspection,  weighing,  and  measuring  of 
firewood,  coal,  hay,  and  straw,  and  the  cartage  of  the  same. 

23.  In  relation  to  the  mode  and  manner  of  suing  for,  collect- 
ing, and  keeping  accounts  of  the  city  and  county,  and  disposing 
of  the  penalties  provided  for  a  violation  of  all  ordinances. 

24.  In  relation  to  the  erection  and  repair  of  public  fountains  Public 
for  the  use  of  man  and  animals,  at  convenient  points  along  the 
streets  and  avenues  and  public  places. 

25.  By  resolution  to  require  the  commissioner  jot  public 
works  to  do  any  work  or  take  any  action  proper  for  carrying 
into  effect  the  powers  of  the  common  council. 

20.  To  regulate*  or  to  prohibit  the  purchase,  sale,  and  expos-  isi8.ch.86  %m. 

ure  to  sale  of  any  goods,  wares,  or  merchandise,  fruits,  herbs,.  s^fon 

meats,  fish,  or  any  other  article  or  thing  within  the  said  city,  on  Sunday- 
the  first  day  of  the  week,  called  Sunday,  except  fresh  fish, 
which  may  be  sold  prior  to  nine  o'clock  in  the  forenoon. 

27.  To  regulate  the  sale  by  measure  or  weight,  or  otherwise,  i883,ch.u,$u 
of  all  kinds  of  fruit  and  vegetables. 

28.  To  prohibit  and  suppress  all  gaming  houses  and  places  for  com?M7'S2!2i 

gaining  in  the  said  city.  suppressing 

m  -T  -j       1  -ii       t  gaming  houses, 

29.  lo  prohibit  and  restrain  all  and  every  person  or  persons,  Repuiating 

other  than  licensed  butchers,  from  carrying  on  the  business  ,H,toll"rs 
or  calling  of  a  butcher,  or  any  branch  or  part  thereof,  in  the  said 
city. 

30.  Relative  to  the  taxing  and  destroying  of  dogs  within  the  ' 
said  city. 

31.  For  the  regulating  and  licensing  of  keepers  of  ordinaries,  1833, ch^i,  §20. 
or  victualing  houses;  or  places  where  fruit,  oysters,  clams,  or 

meats,  shall  be  sold. 


l'OWKHS  OK  COMMON  (  nl  N<  II. 


32.  For  the  more  effectual  suppression  of  vice  and  im- 
morality, and  the  preserving  of  peace  and  good  order  in  said 
city. 

33.  For  the  Licensing  ami  otherwise  regulating  the  use-and 
employment  of  dirt  carts. 

Com0' '«»' rM7'  roRn^a^ng  hoarding-houses  and  taverns,  and  prevent- 

ing the  resort  of  crowds  of  disorderly  persons  to  them. 
i8M,ch.2k  n       35.  To  restrain  and  prohibit  the  mooring  or  anchoring  of  any 
Certain  powers  ships,  or  other  vessels,  at  such  place  or  places  as  will  crowd  or 
rorpomt^nof    interfere  with  the  steam  ferry  hoats,  in  their  pas  age  aCFDSB  the 
dLta  §s    East  "ver,  from  the  city  of  New  York  to  Brooklyn,  and  from 
comp.  i59o.      Brooklyn  to  the  said  city,  and  to  regulate  the  lying  and  mooring 
of  any  ship  or  other  vessel  in  the  stream  of  North  or  Hudson 
liver,  so  as  to  prevent  the  same  from  ohstructingthe  navigation 
of  the  ferry  hoats  in  the  said  river  from  the  city  of  New  York 
to  the  Jersey  shore,  opposite  to  the  said  city,  and  to  impose  penal- 
ties for  violations  upon  the  owners,  consignees,  masters,  pilots 
or  other  persons  having  charge  of  such  ships  or  other  vessels, 
respectively. 

i«oi.  en,  513,  $a,      -3fi.  To  make  the  sale  or  exposing  for  sale  in  t  he  streets  of  said 

city  of  any  firewood  by  any  person  other  than  a  licensed  cartman 

a  misdemeanor,  and  to  prescribe  punishment  therefor,  by  a  fine 

of  not  more  than  ten  dollar*,  and  imprisonment  in  the  city  prison 

of  not  more  than  five  days. 

iM2.ch.  SB5,  si,  37.  For  the  preservation  and  protection  of  all  or  any  of  the 
Comp:  840.  11  J 

see^9V°hk883  xvol'^s  connected  with  the  supplying  of  the  city  of  New  York 

with  pure  and  wholesome  water. 
i858kch.  W9,  sir.       38.  To  regulate  the  fees  for  searches  and  certificates  to  be 

charged  by  the  collector  of  assessments  and  clerk  of  arrears. 
i85*,eh.  i43,$i7,      30.  To  make  such  regulations  in  reference  to  the  running  of 

Comp.  868.  °  .  ° 

stages  and  omnibuses  m  said  city,  as  may  he  necessary  for  the 
convenient  use  and  accommodation  of  the  streets. 
i82i, eh.  uu, S3,      £87.  The  common  council  may,  by  ordinance,  regulate  the 
duties  and  fees  of  the  inspectors  of  weights  and  measures,  and 
of  the  sealers  of  weights  and  measures,  and  may  impose  such 
penalties  for  using  weights  and  measures  and  scale -beams,  which 
shall  not  have  been  inspected  and  sealed,  in  conformity  to  such 
i8*4,  ch.  147  S2  ordinances  as  to  them  shall  seem  proper.    They  may  assign  a 
Oomp:  10a      particular  district  of  the  said  city  for  each  of  the  said  inspectors, 
and  likewise  for  each  of  the  sealers  of  weights  and  measures, 
and  may  confine  them  in  the  performance  of  their  duties  to  such 
districts  respectively. 
i8i3,ch.8ti,s.';-'.       §  88-  The  common  council  may,  b}r  ordinance,  regulate  the 
\w.Pch.  47.      rates  of  fare  to  be  taken  by  owners  or  drivers  of  hackney  coaches 
or  carriages.    Such  owners  shall  pay  an  annual  license  fee,  to 
be  determined  bv  the  said  common  council.  The  board  of  alder 


POWERS  OF  COMMON  COUNCIL. 


men  may  authorize  tlie  establishment,  operation  er extension  of  oh.  "2. 
any  roiito  for  the  running  of  omnibuses  or  stages,  in  the  manner 
and  on  the  conditions  provided  by  sections  nineteen  hundred  and 
forty  seven,  nineteen  hundred  and  forty-eight  and  nineteen 
hundred  and  forty-nine  of  this  act,  and  may  terminato  or  alter 
such  consent  or  authority  in  the  manner  and  on  the  conditions 
provided  by  sections  nineteen  hundred  and  fifty  and  nineteen 
hundred  and  fifty-one. 

§  8'J.  Every  pawnbroker  or  dealer  in  second-hand  articles  itHfl, ch.86, tag, 
shall  pay  for  a  license  a  sum  to  be  determined  by  the  board  of  im,ch.  11,  jir 
aldermen,  not  exceeding  five  hundred  dollar*,  which  sum  shall  i888,dLii  117 
be  applied  towards  the  support  of  the  poor  of  the  said  city.    The  Co,"p- m 
common  council  mav  fix  and  establish  the  rate  of  interest  that  ^8,ch.<»,f2M1 

Comp.  147. 

shall  be  taken  by  any  pawnbroker,  for  the  loan  of  any  sum;  pro-  isw,  cn.ii,  |i: 
vided  always  that  the  rate  for  any  loan  not  exceeding  twenty-  ma^ckse'iaec 
five  dollars  shall  not  exceed  the  rate  of  twenty-six  per  cent,  per  pawnbrokers 
annum.    Pawnbrokers  and  dealers  in  second-hand  articles  may  ]^^\ JJ-  §17- 
be  required  to  give  security  to  the  mayor,  aldermen,  and  com-  1sr3.ch.335.s17. 
monalty,  with  one  or  more  sufficient  surety  or  sureties,  in  a  sum 
not  exceeding  ten  thousand  dollars  conditioned  for  the  observ- 
ance of  the  ordinances  of  the  common  council.    Xo  greater 
penalty  than  one  hundred  dollars  shall  be  imposed  by  any  ordin- 
ance as  a  penalty  for  the  violation  of  any  ordinance  by  any 
pawnbroker  or  dealer  in  second-hand  articles. 

§  90.  The  common  council  may,  by  ordinance,  from  time  to  isso,  cb.  42.  $e, 
time,  designate  any  building  or  buildings  within  the  said  city  and  um. 
county  to  be  the  common  jails  of  said  city  and  county,  for  all  the  Coramon  jn" 
purposes  for  which  common  jails  may  by  law  be  used,  and  such 
building  or  buildings  so  designated  shall  be  such  common  jails 
until  changed  by  an  ordinance  of  said  common  council. 

§  91.  The  common  council  may  assign  such  place  in  the  said  1838, cK. 297,  ji 
city  as  may  to  them  seem  most  conducive  to  the  public  conveni-  courts,  where 
ence  for  the  holding  of  the  courts  of  general  or  special  sessions  tobeheld- 
and  of  oyer  and  terminer  and  jail  delivery,  to  be  held  in  and  for 
the  said  city  and  county;  but  any  alteration  of  the  place  of 
holding  such  courts  shall,  before  the  same  takes  effect,  be  noti- 
fied in  one  or  more  of  the  public  newspapers  printed  in  the  said 
city,  for  the  period  of  not  less  than  four  weeks. 

^92.  The  common  council  may  assign  the  places  where  the  i*>r,  Ch.  sm.  jr. 
several  district  courts  shall  be  held,  within  their  respective  dis-  Oomp.issa.i'sfe! 
tricts,  except  as  otherwise  provided  by  law. 

§  93.  The  common  council  must  appoint  some  reputable  phy-  ecu  w.  Pro©., 
sician,  duly  authorized  to  practice  medicine,  as  the  physician  to  Comp.ao3R. 
the  jail  of  the  county,  who  shall  hold  his  office  at  the  pleasure  of  ai  ph>slcmn 
the  board. 

$  94.  No  new  street  shall  hereafter  be  laid  out  in  the  said  city,  [r^^'g,^ st0- 


86 


POWERS  OF  COMMOK  COUNCIL. 


W3,  ch.335,  §00. 

Clomp.  145. 
Accountability 
of  officers. 


1805.  ch.  10,  $2. 
C'onip.  1IG. 

Certain  ordi- 
nances and  its 
tilut  ions  de 
clared  invalid. 


1RI3,  ch.886,  S0(*. 
Comp.  93. 


18.3,  ch. 835.  $17. 
as  amended 

1873,  Ch.  757,  $6, 

Comp,  145. 

1864,  ch.  202,  }1, 
Comp.  14:14. 
Records  of  bus- 
iness of  crimi- 
nal courts. 


1880,  ch.  544. 
1851,  ch.  516. 
1848,  chs.  75, 158 
Comp.1408.1469. 
4  Abb.  25. 


except  with  the  approbation  and  permission  of  the  mayor,  alder- 
men, and  commonalty,  in  common  council  convened:  and  if  any 
street  shall  he  laid  out  without  such  permission,  it  shall  he  law- 
ful forth*.'  said  mayor,  aldermen,  and  commonalty,  hy  by-law  or 
ordinances,  to  direct  the  same  to  be  stopped  up,  and  all  build- 
ings adjoining-  thereto  to  be  removed  hy  the  proprietors  or 
occupants,  within  such  times  and  under  such  penalties  as  they 
shall  think  proper. 

§  95.  It  shall  be  the  duty  of  the  common  council  to  provide 
for  the  accountability  of  all  officers  and  other  persons,  save  as 
herein  otherwise  provided,  to  whom  the  receipt  or  expenditure 
of  the  funds  of  the  city  shall  be  intrusted,  by  requiring  from 
them  sufficient  security  for  the  performance  of  their  duties  or 
trust,  which  security  shall  be  annually  renewed;  but  the  se- 
curity first  taken  shall  remain  in  force  until  new  security  shall 
be  given. 

§  9G.  Any  ordinance,  act,  or  resolution,  passed  by  the  com- 
mon council  or  the  board  of  education,  after  January  thirtieth, 
eighteen  hundred  and  sixty -five,  authorizing  the  increase  of  the 
salary  of  any  person  or  persons,  whose  salary  is  payable  out  of 
the  city  treasury,  to  take  effect  prior  to  the  date  of  such  ordi- 
nance, act  or  resolution,  shall  he  and  the  same  is  hereby  declared 
to  be  void. 

£  97.  The  salaries  of  all  officers,  whose  offices  may  be  created 
by  the  common  council  for  the  purpose  of  giving  effect  to  the 
provisions  of  this  act,  shall,  subject  to  the  other  provisions  of 
this  act,  be  prescribed  by  ordinance  or  resolution,  to  be  passed  by 
the  common  council,  and  approved  as  hereinbefore  provided  for 
the  approval  of  ordinances  or  resolutions. 

§  98.  The  ordinances  of  the  common  council  shall,  as  far  as 
practicable,  and,  so  far  as  the  same  has  not  already  been  done, 
be  reduced  to  a  code  and  published  as  such  in  the  City  Record. 

§  99.  The  board  of  aldermen  shall  cause  statistical  records  to 
be  prepared  and  kept  of  the  business  and  proceedings  of  the 
criminal  courts  and  offices  of  the  city  and  county  of  New  York, 
and  shall  make  provision  for  the  due  collation  and  preservation 
of  said  records;  and  the  said  hoard  is  hereby  authorized  to  estab- 
lish such  regulations  as  shall  be  necessary  in  the  judgment  of  the 
board,  to  give  effect  to  the  provisions  of  this  section,  provided 
the  expense  shall  not  exceed  one  thousand  five  hundred  dollar> 
per  annum. 

§  100.  There  may  be  not  exceeding  seven  hundred  and 
twenty  five  commissioners  of  deeds  in  office  at  any  one  time. 
The  common  council  is  hereby  authorized  and  empowered  to 
appoint  such  commissioners  from  time  to  time,  who  shall  hold 
their  offices  for  two  years  from  the  date  of  their  appointment. 


DUTIES  AND  POWERS  OF  MAYOR. 


87 


and  until  others  arc  appointed  in  (heir  places.    Such  appoint- 
ments shall  not  require  the  approval  of  the  mayor. 

§  101.  The  common  council,  and  the  several  members  thereof,  {jj^jf^S)8' 

arc  hcrehv  declared  trustees  of  the  property,  funds  and  effects  common  conn 

.     ,  oil  trustee* 

of  said  city  and  county,  respectively,  so  far  as  such  piopeitv,  of  ,„,i,ii.- 

-  '        *  J '  ,.  property 

funds,  and  effects  are  or  may  he  committed  to  their  manage- 
ment or  control,  and  every  person  residing  in  said  city  and  as- 
sessed to  pay  taxes  therein,  who  shall  pay  taxes  therein,  is 
hereby  declared  to  be  a  cestui  que  trust  in  respect  to  the  said 
property,  funds,  and  effects,  respectively;  and  any  co-trustees, 
or  any  such  cestui  que  trust  shall  he  entitled  as  against  such 
trustees,  and  in  regard  to  such  property,  funds,  and  effects,  to 
all  the  rights  and  remedies  provided  hy  law  of  any  co-trustee, 
<>r  cestui  que  trust  to  prosecute  and  maintain  any  action  to  pre- 
vent waste  and  injury  to  any  property,  funds,  and  estate  held 
in  trust.  Such  trustees  are  hereby  made  subject  to  all  the  duties 
and  responsibilities  imposed  by  law  on  trustees,  and  such  duties 
and  responsibilities  may  be  enforced  by  any  co-trustee  or  cestui 
(pie  trust  aforesaid. 

§  102.  Any  member  of  the  common  council  who  shall  know-  cwmp^iw!8 *2, 
ingly  and  willfully  disregard  any  provision  of  law,  applicable  ^^mem- 
to  the  members  of  the  common  council,  or  who  shall  vete  for  bers  or  common 

*'  council. 

any  contract  in  violation  of  law,  or  any  appropriation  unauthor- 
ized by  law,  or  in  excess  of  the  amount  authorized  by  law,  or 
for  any  illegal  or  injurious  disposition  of  corporate  property, 
rights,  or  franchises,  shall  he  guilty  of  a  misdemeanor,  and 
liable  to  the  punishment  and  penalties  prescribed  therefor; 
and  every  member  voting  in  favor  thereof  shall  be  individually 
liable  to  refund  the  amount  to  the  city  at  the  suit  of  any  citizen 
and  taxpayer. 


CHAPTER  V. 
The  Executive.  Department. 

103.  It  shall  be  the  duty  of  the  mayor:  i«s,cii.as5,ssa, 

1.  To  communicate  to  the  common  council,  at  least  once  a  j^Vm»ror 
year,  a  general  statement  of  the  finances,  government,  and  im- 
provements of  the  city. 

2.  To  recommend  to  the  common  council  all  such  measures 
as  he  shall  deem  expedient. 

3.  To  keep  himself  informed  of  the  doings  of  the  several  de- 
partments. 

1.  To  be  vigilant  and  active  in  causing  the  ordinances  of  the 


88 


DUTY  A.ND  POWERS  OF  MAYOR. 


city  and  laws  of  the  State  to  be  executed  and  enforced,  and  for 
that  purpose  he  may  call  together  for  consultation  and  co-oper- 
ation all  heads  of  departments. 

5.  And  generally  to  perform  all  such  duties  as  may  be  pre- 
scribed for  him  by  the  city  ordinances  and  the  laws  of  the  State. 
g8i,  ch."442,         §  io4.  The  mayor  is  a  magistrate. 

JljjJ*^^  §  105.  The  mayor  may  appoint  such  clerks  and  subordi- 
nates as  he  may  require  to  aid  him  in  the  discbarge  of  his  official 
duties,  and  shall  render  to  the  board  of  aldermen,  every  three 
months,  an  account  of  the  expenses  and  receiptsof  his  office,  and 
therein  shall  state,  in  detail,  the  amounts  paid  and  agreed  to  be 
paid  by  him  for  salaries  to  sucli  clerks  and  subordinates  respect- 
ively, and  the  general  nature  of  their  duti<s.  whi'-h  account  and 
report  shall  bo  published  in  the  City  Record.  The  aggregate  ex- 
penses incurred  by  him  for  such  purposes  shall  not  exceed  in 
any  one  year,  the  sum  of  twenty  thousand  dollars. 
comp'ioH  §        ^ne  may°r  shall  nominate,  and,  by  and  with  the"  con- 

Mayor  to  nomi  sent  of  the  board  of  aldermen,  appoint  the  heads  of  departments 
departments,  and  all  commissioners,  except  as  hereinafter  otherwise  specially 
CompTW '  *4,  provided.  He  shall  in  like  manner  appoint  all  members  of  any 
t^mphiG;ii4'' §''  board  or  commission  authorized  to  superintend  the  erection  or 
td. 44i;k8How.  repair  of  any  building  belonging  to  or  to  be  paid  for  by  the  ciky. 

whether  named  in  any  law  or  appointed  by  any  local  authority, 
and  also  the  commissioner  of  jurors,  two  inspectors  of  weights 
and  measures,  and  as  many  sealers  of  wreights  and  measures  as 
the  board  of  aldermen  may  by  ordinance  prescribe,  and  also- 
the  members  of  any  other  local  board  and  all  other  officers  not 
elected  by  the  people,  whose  appointment  is  not  excepted  or 
1878, ch.885, $25,  otherwise  provided  for.  Every  head  of  department  and  person 
58  How.  404.407.  in  this  section  named,  except  as  in  this  act  otherwise  provided, 
shall  hold  his  office  for  the  term  of  six  years,  and  in  each  case 
until  a  person  is  duly  appointed,  ami  has  qualified,  in  his  place; 
but  any  person  appointed  after  the  commencement  of  the  term 
as  herein  prescribed,  shall  hold  only  until  the  expiration  of  such 
term  and  until  a  successor  is  duly  appointed  and  qualified.  The 
terms  of  office  of  all  such  heads  of  departments  and  persons 
whensoever  actually  appointed,  shall  commence  on  the  first  day 
of  May  in  the  year  in  which  the  terms  of  office  of  their  prede- 
cessors expire;  but  the  comptroller,  corporation  counsel,  and 
commissioner  of  public  works  to  be  appointed  on  the  expiration 
of  the  terms  of  office  of  the  present  incumbents,  in  December, 
eighteen  hundred  and  eighty-four,  shall  hold  their  offices  until 
four  years  from  the  first  day  of  May  succeeding  such  month. 
All  nominations  to  fill  any  vacancy  which  shall  hereafter  occur 
by  reason  of  the  expiration  of  the  term  of  office  of  any  officer, 
shall  be  made  to  the  board  of  aldermen  within  ten  davs  from  the 


POWERS  OF  MAYOR. 


day  of  the  date  of  any  such  vacancy.  The  mayor  shall  appoint, 

without  nomination  to  or  confirmation  hy  the  hoard  of  aldermen,       cu  *»•.>::. 

J  '    C'omp.  101. 

a  person  or  persons  to  till  any  vacancy  or  vacancies  which  now  Mayor  to  nn 
exist  or  may  hereafter  occur  from  death,  resignation,  or  cause 
other  than  the  expiration  of  the  full  term  in  any  office  to  which, 
hy  the  provisions  of  this  section,  he  is  empowered  to  appoint,  hy 
and  with  the  consent  of  the  hoard  of  aldermen.    Any  person  1878,  ch.  885, fE 
who  shall  he  appointed  in  pursuance  of  this  section  to  fill  any  mp' 
vacancy  shall  hold  hi^  office  for  the  unexpired  term  of  his  pre- 
decessor. 

§  107.  The  mayor  shall  appoint  the  commissioner  of  street  iwi.ch.  307,  $1. 
cleaning  with  the  approval  of  the  hoard  of  health,  hut  if  after  ofmreeT,on'r  • 
three  ballots  the  said  hoard  shall  fail  to  confirm  or  reject  by  a  ceamn* 
majority  vote  any  person  nominated  hy  the  mayor,  two  affirma 
tive  votes  of  members  of  said  hoard  shall  ho  sufficient  for  his 
confirmation. 

■>  10$.  The  heads  of  all  departments,  except  the  head  of  the  i873,ch,885,$35, 
department  of  street  cleaning,  and  all  other  persons  whose  Headsotde- 
appointment  is  in  section  one  hundred  and  six  provided  for,  !vI"l",,'!i,s 
may  be  removed  by  the  mayor  for  cause,  and  after  opportunity  'JN  Y  5g-; 
to  be  heard,  subject,  however,  before  such  removal  shall  take 
effect,  to  the  approval  of  the  governor,  expressed  in  writing. 
The  mayor  shall,  in  all  cases,  communicate  to  the  governor,  in 
writing,  his  reasons  for  such  removal.    Whenever  a  removal  is 
so  effected,  the  mayor  shall,  upon  the  demand  of  the  officer  re- 
moved, make,  in  writing,  a  public  statement  of  the  reasons 
therefor.    No  officer  so  removed  shall  be  again  appointed  to  the 
same  office  during  the  same  term  of  office.    The  head  of  the  1881,  ch.  817.  §1. 
department  of  street  cleaning  shall  be  subject  to  removal  by  the 
mayor  with  the  approval  of  the  board  of  health,  whenever  the 
mayor  shall  certify  that  in  his  judgment  such  removal  is  re- 
quired in  the  public  interest.    If,  after  three  ballots,  the  board 
of  health  shall  fail  to  approve  of  such  removal,  two  affirmative 
votes  of  members  of  said  board  shall  be  sufficient  for  such  ap- 
proval. 

§109.  The  mayor  shall,  on  the  first  Monday  of  April,  in  isro.  ch.  m,  is, 
eighteen  hundred  and  eighty-three,  and  in  every  third  year,  laro, ch.  us, fi, 
nominate  to  the  board  of  Aldermen  three  good  and  responsible  Commissioners 
citizens  to  be  commissioners  of  excise;  said  board  shall  confirm 
or  reject  such  nominations.     In  case  of  the  rejection  of  such 
nominees,  or  any  of  them,  the  mayor  shall  nominate  other  per- 
sons as  aforesaid,  and  shall  continue  so  to  nominate  until  the 
nominations  shall  bo  confirmed.     The  terms  of  office  of  such 
persons  shall  commence  on  the  first  clay  of  May  succeeding  the 
date  herein  fixed  for  their  nomination.     Any  person  appointed 
after  the  commencement  of  the  term  as  herein  prescribed  shall 


40 


POWERS  OF  MAYOR. 


Terms  of  office 
und  salaries  in 
cities. 

Vacancies,  how 
Mled. 

Re  va,]  toi 

cause 


1873,ch.33.">.$100. 
Comp.  97. 

Commissioners 
of  accounts, 
appointment 
nnil  duty  of. 
16  Sun.  809. 


1880,  ch.  153,  §3, 
Comp.  86ti. 
Duty  of  mavor. 


1873,  ch.  251.  |t, 
Comp.  825. 
See  1874,ch.636, 
§10,  Ccmp.  458. 
Scavengers  to 
be  licensed  by 
mayor. 


hold  only  until  the  expiration  of  such  term  and  until  a  suc- 
cessor is  duly  appointed  and  qualified.  Any^one  or  more  of  the 
commissioners  so  appointed  shall  have  the  power  to  act  as  a 
hoard  of  excise  until  the  others  shall  he  duly  appointed.  They 
shall,  except  as  herein  otherwise  provided,  hold  their  offices  for 
three  years  and  iintil  others  shall  he  appointed  in  their  places 
and  have  qualified.  The  mayor  shall,  from  time  to  time,  as 
often  as  vacancies  shall  occur,  appoint  persons  qualified  as  afore- 
said to  fill  the  unexpired  term  of  any  commissioner  who  shall 
die,  resign,  remove  from  the  city,  or  be  removed  from  office. 
Commissioners  of  excise  shall  be  removed  for  any  neglect  or 
malfeasance  in  office,  in  the  sunie  manner  as  provided  by  law  for 
the  removal  of  sheriffs. 

§110.  The  mayor  shall,  from  .time  to  time,  appoint  and  re- 
move at  pleasure  two  persons,  who,  together  with  the  president 
of  the  department  of  taxes  and  assessments,  shall  be  commis- 
sioners of  accounts.  It  shall  be  their  duty,  once  in  throe 
months,  and  oftener  if  they  deem  it  proper,  to  examine  all 
vouchers  and  accounts  in  the  offices  of  the  comptroller  and 
chamberlain,  and  to  make  and  publish,  in  the  City  Kecord,  a 
detailed  statement  of  the  financial  condition  of  the  city,  show- 
ing the  amount  of  its  funded  and  floating  debt,  the  amount 
received  and  expended  since  the  last  preceding  report,  with  a 
classification  of  the  sources  of  revenue  and  expenditure,  and 
such  other  information  as  they  shall  deem  proper.  They  shall, 
from  time  to  time,  make  an  examination  of  the  expenses  of  the 
several  departments  and  officers,  and  make  such  recommenda- 
tions to  the  board  of  estimate  and  apportionment,  aud  other 
officers,  with  reference  thereto,  and  particularly  with  reference 
to  salaries  and  duties,  as  they  deem  advisable.  Any  one  of  such 
commissioners  shall  have  authority  at  any  time  to  make  any 
such  examination,  and  such  two  appointed  commissioners  shall 
be  paid  a  reasonable  compensation,  to  be  fixed  as  other  expendi- 
tures by  the  board  of  estimate  and  apportionment,  not  exceed- 
ing three  thousand  dollars  each  annually. 

§  111.  The  mayor  is  hereby  authorized  and  empowered  to 
regulate,  license,  and  from  time  to  time  fix  the  number  of  hay 
scales  in  said  city,  and  for  cause  to  revoke  any  license  given  by 
him;  and  all  persons  in  said  city  are  prohibited  from  giving  cer- 
tificates of  weight  of  hay,  except  those  who  have  received  such 
license,  who  shall  be  required  to  mark  legibly  on  each  bale  the 
gross  weight  thereof. 

§  112.  The  mayor  shall  have  sole  and  exclusive  power  to  grant 
licenses  to  scavengers  for  the  removal  of  night-soil.  The  mayor 
may  make  rules  and  regulations,  specifying  the  duration  of  such 
licenses,  and  the  causes  for  which  they  may  be  revoked;  who- 


POWERS  OF  MAYOR. 


-11 


ever  shall  violate  and  not  conform  to  either  of  said  regulations 
shall  he  suhjoct  to  a  penalty  of  ten  dollars  for  each  offense,  to 
he  recovered  hy  action  in  the  name  of  the  mayor,  alderman, 
and  commonalty,  in  any  court  having  jurisdiction  thereof: 
where  the  misconduct  was  wilful,  the  offender  shall  be  subject 
to  a  penalty  of  fifty  dollars  for  each  offense,  to  be  recovered  as 
aforesaid. 

^113.  The  mayor  shall  have  authority  to  grant  licenses  to  cSdpjwJ1 
any  person  engaged  in  and  carrying  on  the  business  and  occupa-  JJJSJJJ8*0 
tion  of  an  auctioneer,  or  desiring  to  be  so  engaged,  on  such  per- 
son's filing  abend  with  two  good  sureties  in  the  penal  sum  of 
two  thousand  dollars.    The  mayor,  on  the  complaint  of  any 
person  having  been  defrauded  by  any  auctioneer,  or  the  clerk,  w  K 
agent,  or  assignee  of  such  auctioneer,  doing  business  in  said 
city,  is  authorized  and  directed  to  take  testimony  under  oath 
relating  thereto;  and  if  the  charge  shall,  in  his  opinion,  be  sus- 
tained, he  shall  revoke  the  license  granted  to  him  and  direct  the 
bonds  to  be  forfeited. 

3  114.  The  mavor  is  authorized  to  grant  licenses  for  public  i,872.  ch.  885, 

*7  -  ,  .  1  Comp.  848. 

exhibitions,  in  the  manner  and  on  the  conditions  provided  in  Licensee  for 
sections  nineteen  hundred  and  ninety  eight  to  two  thousand  and  " " " lons 
one  inclusive,  of  this  act. 

§  115.  The  mayor  is  authorized  to  grant  licenses  to  persons  iw£ch.2i9,  §8. 
keeping  houses  for  the  purpose  of  boarding  emigrant  passengers.  Licences  to 
But  before  granting  any  such  license,  he  shall  require  from  such  honnifng- 
person  or  persons  a  bond  satisfactory  to  himself,  with  one  or  l"  "s,s 
more  sureties,  in  the  penal  sum  of  five  hundred  dollars,  condi- 
tioned for  the  good  behavior  of  such  person  or  persons,  and  the 
proper  conduct  of  all  agents  and  runners  in  his  or  their  employ. 
The  mayor  may  revoke  any  license  for  cause.    The  person  or 
persons  receiving  such  license  shall  pay  the  sum  of  ten  dollars  a 
year  for  each  license. 

£  1 10.  The  mayor  is  authorized  to  grant  licenses  to  persons  ism,  ch. m, p 

....  *  ,.         e   i      i  ■  ■  i.  -   ,      Comp.  1688. 

exercising  the  vocation  of  booking  emigrant  passengers  or  tak-  Licenses  to 
ing  money  for  their  inland  fare  or  for  the  transportation  of  their  runners 
baggage.    The  persons  receiving  such  licenses  shall  pay  the  sum 
of  twenty-five  dollars  a  year  for  each  license. 

§117.  The  mayor  may  issue  licenses  authorizing  the  person  iggo.  Cn.  353.  si. 
or  persons  to  whom  the  same  are  issued  upon  any  street,  public 
highway,  dock  or  pier,  or  in  any  park  or  square,«in  the  city  of 
New  York,  "or  upon  any  water  adjacent  thereto,  over  which  said 
city  has  jurisdiction,  to  solicit  patronage  for  any  hotel  or  inn,  or 
passengers  or  patronage  for  any  steamer,  steamboat,  ship,  ves-  pj"™^^^ 
sel  or  railroad,  or  for  any  person  or  corporation  selling  or  offer-  fj^"^'"';;^,,,, 
ing  for  sale  passage  tickets,  or  contracting  or  offering  to  contract  Ucen9e 
for  passage'in  any  such  steamer,  steamboat,  ship,  vessel  or  rail- 


POWRKS  OF  MAYOK. 


M.,  |2.  road.    Such  license  shall  be  for  the  period  of  one  year  from  the 

il!sUu.' u.vnsi-  f.„-  date  thereof,  and  every  person  receiving  such  a  license  shall  pay 
'™tmi"''ii'"     the  sum  of  twenty  doUarci  therefor  to  the  said  mayor,  and  shall 
toyew.  "1>(  '  also  give  to  the  mayor  of  said  city  a  bond,  with  two  good  and 
sufficient  sureties  in  the  penalty  of  three  hundred  dollars,  condi- 
tioned for  his  good  behavior  and  the  faithful  observance  by  him 
of  the  provisions  of  this  section.    It  shall  be  lawful  for  said 
mayor,  upon  an  application  made  prior  to  the  expiration  of  said 
license,  to  renew  and  continue  the  same  from  year  to  year,  pro- 
vided that  the  applicant  therefor  continues  in  all  respects  quali- 
fied, as  herein  provided,  to  hold  such  license,  and  said  applicant 
shall,  upon  receiving  such  renewal,  pay  into  the  city  treasury  a 
further  sum  of  twelve  dollars  and  fifty  cents  per  annum  as  a  re- 
fee.  newal  fee.    Licenses  and  renewals  may  be  revoked  at  any  time 

Revocation  of  by  the  said  mayor  for  any  cause  satisfactory  to  him,  such  cause 
to  be  stated  in  writing  to  the  person  so  removed  at  the  time  of 
the  notice  of  his  removal.  No  person  shall  receive  any  license 
under  the  provisions  of  this  sect  ion  who  is  not  a  citizen  of  the 
United  States  dud  a  person  of  good  general  character;  such  fact 
Mayor  to  mi-    to  be  proved  to  the  satisfaction  of  the  mayor.    The  mayor  shall 

eler  statements  1  j  j 

to  comptroller,  render  to  t -he  compt  roller  of  said  city  quarterly  accounts  of  all 
moneys  received  by  him  under  the  provisions  of  this  section, 
and  the  amounts  so  received  shall  be  paid  over  by  said  mayor 
into  the  city  treasury. 

ca.ciT.Froc.        §118.  The  mayor,  or,  incase  of  his  absence,  or  other  disa- 

tag^iu?rll0ld"  umty>  the  recorder,  may,  by  proclamation,  direct  that  the  next 
ensuing  term  of  any  court,  other  than  the  court  of  appeals, 
appointed  to  be  held  in  that  city,  shall  be  held  in  any  building, 
within  the  city  of  New  York,  other  than  the  building  where  the 
same  is  regularly  to  be  held,  if,  in  his  opinion,  war,  pestilence, 
or  other  public  calamity,  or  the  danger  thereof,  or  the  destruc- 
tion or  injury  of  the  building,  or  the  want  of  suitable  accom- 
modation, renders  it  necessary  that  some  other  place  should  be 
selected.  The  proclamation  must  be  published  in  two  or  more 
daily  newspapers,  published  in  the  city  of  New  York. 

isra,  ch.*30B,  si,      §119-  The  mayor  is,  by  virtue  of  his  office,  one  of  the  com - 

comp.  io:>9.      niissioners  of  emigration. 

co^civ.  proc.  §  120.  Application  for  the  removal  of  a  person  from  real 
property  as  prescribed  in  title  two  of  chapter  seventeen  of  the 
Code  of  Civil  Procedure,  may  be  made  to  the  mayor,  if  the  prop- 
erty or  a  portion  thereof  is  situated  in  the  city. 

1849,  eh.  480,  §6,       §  121.  The  mavor  shall  possess  the  same  power  as  that  con  - 

Comp.  269.  L  J  1  . 

ferred  upon  the    superintendent  and  captains  of  police  by 
section  two  hundred  and  eighty  four  of  this  act. 
1873,  ch.  333,  8  122.  The  mavor  may  be  removed  from  office  by  the  gover- 

§35, Comp.  159.  .  i-.ee  i.u    i.  i.1 

Mayor,  how     nor  in  the  same  manner  as  sheriffs,  except  that  the  governor 

removed. 


THE  COMPTROLLER. 


may  direct  the  inquiry  provided  by  law  to  ho  conducted  by  the 
attorney-general;  and  after  charges  have  been  received  by  the 
governor  lie  may,  pending  the  investigation,  suspend  the  major 
for  a  period  not  exceeding  thirty  days. 


CHAPTER  VI. 
Department  of  Fixanck. 
Title  \.  —  The  Comptroller. 
<s  123.  The  finance  department  shall  have  control  of  the  fiscal  i8T8.cn.  aw,  |M 

°  r  _  as  amended. 

concer'ns  of  the  corporation.     All  accounts  rendered  to  or  kept  wrs, ch. m, §8, 

1  *      Comp.  107. 

in  the  other  departments  shall  be  subject  to  the  inspection  and  i8ra,cb.88MM. 
revision  of  the  officers  of  this  department.  It  shall  prescribe  the 
forms  of  keeping  and  rendering  all  city  accounts,  and,  except  as 
herein  otherwise  provided,  the  manner  in  which  all  salaries 
shall  be  drawn,  and  the  mode  by  which  all  creditors,  officers, 
and  employees  of  the  corporation  shall  be  paid.  All  payments 
by  or  on  behalf  of  the  corporation,  except  as  otherwise  specially 
provided,  shall  be  made  through  the  proper  disbursing  officer  of 
thje  department  of  finance,  on  vouchers  to  be  filed  in  said  de- 
partment, by  means  of  warrants  drawn  on  the  chamberlain  by 
the  comptroller,  and  countersigned  by  the  mayor.    The  comp-  claimants  to  be 

1  '  °  J  »  A      sworn  and  ex- 

troller  may  require  any  person  presenting  for  settlement  an  amined,etc. 
account  or  claim  against  the  corporation  to  be  sworn  before  him  troiier. 
touching  such  account  or  claim,  and  when  so  sworn  to  answer  ja,  6obVi'87o.' 
orally  as  to  any  facts  relative  to  the  justness  of  such  account  or 
claim.  Wilful  false  swearing  before  him  is  perjury,  and 
punishable  as  such.  He  shall  settle  and  adjust  all  claims  in 
favor  of  or  against  the  corporation,  and  all  accounts  in  which 
the  corporation  is  concerned  as  debtor  or  creditor;  but  in  adjust- 
ing and  settling  such  claims,  he  shall,  as  far  as  practicable,  be 
governed  by  the  rules  of  law  and  principles  of  equity  which 
prevail  in  courts  of  justice.  The  power  hereby  given  to  settle 
and  adjust  such  claims  shall  not  be  construed  to  give  such  settle- 
ment and  adjustment  the  binding  effect  of  a  judgment  or  decree, 
nor  to  anthorize  the  comptroller  to  dispute  the  amount  of  any 
salary  established  by  or  under  the  authority  of  any  officer  or 
department  authorized  to  establish  the. same,  nor  to  question  the 
due  performance  of  his  duties  by  such  officer,  except  when 
necessarv  to  prevent  fraud.    The  comptroller  shall  not  reduce  Certain eon- 

.         -    .    .  A  l  •»        jj       tracts  not  to  bo 

the  rate  of  interest  upon  anv  taxes  or  assessments  below  the  imi..imK«ith- 

r  J  out  coinptrol- 

amount  fixed  by  law.  Xo  contract  hereafter  made,  the  expense  ler'8 certificate, 
of  the  execution  of  which  is  not  by  law  or  ordinance,  in  whole 


* 


44 


THE  COMPTROLLER. 


Pro\  laion  not  to 

apply  In  certain 
work. 


Weekly  -.laii 
ment  to  depart- 
ments. 
Payment  of 
waifes,  etc. 


lt*0,  oh.  181,  S3- 
Comptroller  to 
make  lease. 


1873.  cu.  335,§3:J. 
Comp.  108. 
Deputy  comp- 
troller", his 
powers  and 
duties. 


or  in  part,  to  be  paid  by  assessments  upon  the  property  bene- 
fited, shall  be  binding  or  of  any  force  or  effect,  unless  the  comp- 
troller shall  indorse  thereon  his  certificate  that  there  remains 
unexpended  and  unapplied,  as  herein  provided,  a  balance  of  the 
appropriation  applicable  thereto,  sufficient  to  pay  the  estimated 
expense  of  executing  such  contract  as  certified  by  the  officer 
making  the  same.  But  this  provision  shall  not  apply  to  work 
done,  or  supplies  furnished,  not  involving  the  expenditure  of 
more  than  one  thousand  dollars.  Tt  shall  be  the  duty  of  the 
comptroller  to  make  such  indorsement  upon  every  such  contract 
so  presented  to  him,  if  there  remains  unapplied  and  unexpended 
such  amount  so  specified  by  the  officer  making  the  contract,  and 
to  thereafter  hold  and  iv1;iin  such  sum  to  pay  the  expense 
incurred  until  the  said  contract  shall  be  fully  performed.  And 
such  indorsement  snail  be  sufficient  evidence  of  such  appropria- 
tion in  any  action.  The  comptroller  shall  furnish  to  each  head 
of  department,  weekly,  a  statement  of  the  unexpended  balances 
of  the  appropriation  for  bis  department.  Wages  and  salaries, 
including  payments  for  the  board  of  education,  may  be  paid 
upon  pay-rolls,  upon  which  each  person  named  thereon  shall 
separately  receipt  for  the  amount  paid  to  such  person,  and  in 
every  case  of  payment  upon  a  pay-roll,  the  warrant  for  the 
aggregate  amount  of  wages  and  salaries  included  therein  may 
be  made  payable  to  tbe  superintendent,  principal  teacheV,  fore- 
man, or  other  officer  designated  for  the  purpose.  The  comp- 
troller shall  enter  into,  on  behalf  of  the  mayor,  aldermen,  and 
commonalty  of  the  city,  any  lease  authorized  by  the  commis- 
sioners of  the  sinking  fund  of  property  leased  to  the  city. 

§  124.  The  comptroller  shall  appoint,  and  for  cause  to  be 
stated  in  writing  and  published  in  the  City  Record,  at  pleasure 
remove,  a  deputy  comptroller.  The  said  deputy  comptroller 
shall,  in  addition  to  his  other  powers,  possess  every  power  and 
.perform  all  and  every  duty  belonging  to  the  office  of  comptroller, 
as  herein  provided,  whenever  the  said  comptroller  shall,  for  rea- 
sons to  be  stated  to  the  mayor  in  writing  by  due  written  author- 
ity, and  during  a  period  of  time  not  extending  beyond  three 
months,  nor  beyond  his  term  of  office,  and  to  be  specified  in 
such  authority,  designate  and  authorize  the  said  deputy  comp- 
troller to  possess  the  power  and  perform  the  duty  aforesaid,  and 
such  designation  and  authority  shall  be  duly  filed  in  and  remain 
of  record  in  the  finance  department  and  in  the  mayor's  office. 
The  said  deputy  comptroller  shall  possess  the  like  authority  in 
case  of  the  disability  of  the  comptroller  upon  the  like  designa- 
tion of  the  mayor,  which  shall  be  filed  and  remain  of  record  as 
aforesaid  :  but  such  authority,  derived  from  a  designation  by 


BUREAUS  IN  DEPARTMENT  OF  FIKAN<  E. 


4.> 


the  comptroller  or  the  mayor,  may  at  any  time  he  terminated  in 
the  same  manner  as  it  was  created. 

$J  125.  There  shall  h»(  five  hnreans  in  this  department: 

1.  A  bureau f or  the  collection  of  the  revenue  accruing  from 
rents,  and  interest  on  bonds'and  mortgages,  and  revenue  arising 
from  the  use  or  sale  of  property  belonging  to  or  managed  by 
the  city,  and  for  the  management  of  the  markets,  which  shall 
he  known  as  the  bureau  for  the  collection  of  city  revenue  and  of 
markets;  the  chief  oflicer  of  which  hurcau  shall  he  called  the 
''collector  of  the  city  revenue  and  superintendent  of  markets." 

2.  A  bureau  for  the  collection  of  taxes;  the  chief  officer  of 
which  shall  he  called  the  "receiver  of  taxes." 

3.  A  bureau  for  the  collection  of  assessments  and  arrears  of 
taxes  and  assessments,  and  of  water  rents;  the  chief  officer  of 
which  shall  he  called  "collector  of  assessments  and  clerk  of 
arrears.!' 

4.  An  auditing  bureau  which,  under  the  supervision  of  the 
comptroller,  shall  audit,  revise,  and  settle  all  accounts  in  which 
the  city  is  concerned  as  debtor  or  creditor,  and  which  shall  keep 
an  account  of  each  claim  for  or  against  the  corporation,  and  of 
the  sums  allowed  upon  each,  and  certify  the  same  to  the  comp- 
troller, with  the  reasons  for  the  allowance;  the  chief  officer  of 
which  shall  be  called  ''auditor  of  accounts." 

5.  A  bureau  for  the  reception  of  all  moneys  paid  into 
the  treasury  of  the  city,  and  for  the  payment  of  money  on 
warrants  drawn  by  the  comptroller  and  countersigned  by  the 
mayor;  the  chief  officer  of  which  shall  he  called  the  "cham- 
berlain." 

£  12G.  It  shall  be  the  duty  of  the  comptroller  to  publish 
in  the  City  Kecord,  two  months  before  the  election  of  charter 
officers,  a  full  and  detailed  statehient  of  the  receipts  and  ex- 
penditures of  the  corporation  during  the  year  ending  on  the 
first  day  of  the  month  in  which  such  publication  is  made,  and  the 
cash  balance  or  surplus  ;  and  in  every  such  statement  the  differ- 
ent sources  of  city  revenue,  and  the  amount  received  from  each, 
the  several  appropriations  made,  the  objects  for  which  the  same 
were  made,  and  the  amount  of  moneys  expended  under  each, 
the  moneys  borrowed  on  the  credit  of  the  corporation,  the 
authority  under  which  each  loan  was  made,  and  the  terms  on 
which  the  same  was  obtained,  shall  be  clearly  and  particularly 
specified. 

§  127.  It  shall  be  lawful  for  the  comptroller  to  apply  the 
moneys  accruing  for  interest  on  the  sale  of  bonds  in  said  city  for 
unpaid  taxes,  assessments,  and  Croton  water  rents,  or  so  much 
thereof  as  shall  be  required,  to  the  account  or  fund  designated 


l878,ch.  as,  in 

Conip.  100. 
See  1H80 

eh.  m,  |8 

Bureaus. 
For  collection 
of  revenue 
from  rente,  etc. 

* 


For  collection 
"f  taxes. 


For  collection 
of  water  rents, 
assessments, 
etc. 


Auditing 

Imreau. 

18  Abb.  192;  11 

N.  Y.  584:  Mid. 

400,  470;  TO  id. 

454. 


Receipt  and 
payments. 


1873,  cu.  £}.-> 
$108. 

Comp.  98. 
Financial  state- 
ment to  be  pub- 
lished in  City 
Record 
annually. 


1800,  ch.  8T0,  J.'., 
Comp.  227. 

Application 
of  certain 
moneys. 


4fi 


BONDS  [SSI  ED  \:\  CITY 


18'.';.',  cli.  88V,  p. 
Comp.  SKI). 
<  'omptroller  to 
Sell  indices  in 
Mingle  set*. 


18*),  ch.  191,  SI 
Mnrket  in 
Ninth  ward. 
1880,  ch.  191,  p. 
I .  mds,  Iioh  tO 
be  used. 


1881,  ch.  45G,  p. 
Removal  of 
reservoir. 


1831,  ch.  30;,  $1 

Sureties  in 

street-cleaning 

contracts. 


"lands  purchased  for  taxes  and  assessment.^.*'  such  moneys  to 
be  used  for  purchases  by  the  corporation  at  such  sales. 

§128.  The  comptroller  shall  expose  to  public  sale  in  the  city  of 
New  York,  upon  such  published  notice  as  he  may  deem  reas- 
onable, the  printed  indices  prepared  under  the  direction  of  the 
commissioners  of  records,  pursuant  to  chapter  four  hundred  and 
seven  of  the  laws  of  eighteen  hundred  and  fifty-five;  the  same 
shall  be  sold  in  single  sets  and  shall  be  kept  so  exposed  for  sale 
until  lie  shall  have  sold  at  least  two-thirds  of  each  different  set 
of  said  indices ;  and  said  comptroller  shall  also,  from  time  to 
time,  make  such  further  sale  of  said  indices,  at  auction  or  'other- 
wise, and  for  such  price  as  he  may  deem  expedient  :  and  all  pro- 
ceeds of  such  sales  and  money  received  by  tbe  comptroller  under 
this  section  shall  be  paid  into  the  treasury. 

§  129.  The  lots  in  the  Ninth  ward  bounded  on  the  north  by 
Bloomfield  street,  on  the  south  by  Gansevoort  street,  on  the 
east  by  West  street  and  Tenth  avenue,  and  on  the  west  by  Thir- 
teenth avenue,  and  the  block  of  ground  in  said  city  bounded  by 
Gansevoort,  Little  West  Twelfth,  Washington  and  West  streets, 
and  Tenth  avenue,  hereby  declared  to  be  a  public  market  place, 
shall  be  kept  for  the  exclusive  use  of  farmers  and  market  gar- 
deners,and  the  finance  department  shall  have  the  exclusive  charge 
and  control  of  said  public  market  place, and  the  wagons  engaged  in 
the  business  of  selling  farm  and  garden  produce  in  said  city,  and 
shall  have  power  to  make  suitable  regulations  concerning  fees, 
the  hours  during  which  the"  business  of  selling  said  produce  shall 
be  conducted,  and  the  general  management  of  the  same. 

i>  130.  The  comptroller  shall  pay,  on  the  certificate  of  the  com- 
missioner of  public  works,  the  cost  and  expense  of  the  removal  of 
the  reservoir  situated  in  Fifth  avenue,between  Fortieth  and  Forty- 
second  streets,and  of  tbe  removal  of  the  pipes  connecting  with  said 
reservoir,  of  the  laying  of  a  main  in  Fifth  avenue,  between  For- 
tieth and  Forty-second  streets  to  connect  the  mains  leading  in 
and  out  of  said  reservoir,  and  of  the  grading  in  a  suitable  man- 
ner for  the  purpose  of  a  park  of  the  ground  occupied  by  said 
reservoir  to  the  level  of  the  adjacent  streets. 

§  131.  The  sureties  upon  all  contracts  made  by  the  commis- 
sioner of  street  cleaning  as  authorized  by  section  seven  hundred 
and  nine  of  this  act  shall  be  approved  by  the  comptroller. 


Title  2. — The  Bonds  and  Obligations  of  the  City. 
g,comp.ioU *1'      £  132.  All  stock  of  the  city  of  New  York  hereafter  issued  in 
creTtea'pubnc  pursuance  of  laws  already  passed,  or  which  may  be  hereafter 
Ieedi873.ch.  ?56,  passed,  authorizing  the  issue  of  stock  or  bonds  of  the  city  of  New 
p,  §145,  post.    York,  shall,  unless  such  laws  passed  after  April  sixth,  eighteen 


stock. 


Korin  of  stock. 


BONDS  ISSl'KI)  \i\    CITY.  17 

hundred  and  Beventy-one  shall  otherwise  provide,  bo  known  as 
"consolidated  stock  of  the  city  of  New  York,"  and  bo  issued 
under  the  authority  of  this  and  the  following  sections,  as  well 
as  under  the  authority  of  said  laws.  Any  holder  of  any  of  1 1  it •  ,,. 
city  stock  or  bonds  of  the  said  city  of  New  York  issued  previous  bed.  nut'""' 
to  April  sixth,  eighteen  hundred  and  seventy-one,  may  exchange 
the  same  for  the  consolidated  city  stock  herein  authorized  to  be 
issued,  upon  such  terms  and  conditions  as  shall  be  determined 
and  offered  by  the  comptroller. 

§  133.  Tho  faith  and  credit  of  the  mayor,  aldermen  and  com-  KlJfofoJty 
monalty  of  the  city  of  New  York  .shall  be  and  is  hereby  pledged  J^mpu'on  of 
for  trie  redemption  and  payment  of  the  said  consolidated  city 
stock  and  the  interest  thereon,  which  consolidated  city  stock  so 
issued  shall  bear  on  its  face  a  reference  to  the  act  by  which  its 
issue  is  authorized.    The  said  consolidated  city  stock  shall  be  in 
form  as  may  be  designated  by  the  said  comptroller,  and  shall  be  ""j!.,'l">'v  "x" 
signed  by  the  said  comptroller  and  the  mayor  of  the  city  of  New 
York,  and  sealed  with  the  common  seal  of  the  said  city  of  New 
York,  and  attested  by  the  clerk  of  the  board  of  aldermen  of  said 
city. 

§  134.  The  consolidated  city  stock  so  authorized  to  be  issued  <-ouii>'"i»i 
shall  be  registered  or  coupon  stock  in  sums  not  less  than  five  re^te'redor 
hundred  dollars  each  share,  except  as  in  the  next  section  pro-  co,,prm  stock 
vided,  conditioned  to  be  paid  in  gold  coin  or  in  the  legal  currency 
of  the  United  States,  at  the  option  of  the  said  comptroller,  and 
shall  be  made  redeemable  at  a  period  not  less  than  twenty  years, 
nor  more  than  fifty  years  from  the'  date  thereof;  said  stock  shall 
bear  an  interest  not  exceeding  six  per  cent,  per  annum.  Such 
interest  shall  be  made  payable  quarterly  or  semi-annually  in  the 
city  of  New  York  or  any  other  place  to  be  fixed  by  the  said 
comptroller  at  the  time  of  the  issue  of  said  stock. 

§  135.  The  coupon  consolidated  county  stock  may  be  con-  eJmp.hm 
verted  into  registered  stock  at  any  time,  at  the  option  of  the  ^at?dcoumSv 1 
holder  of  the  coupon  stock,  and  the  said  comptroller  is  hereby  converted 
authorized  to  issue  registered  stock  therefor,  in  manner  and  form  ^fctered 
as  hereinbefore  provided.    And  such  registered  stock  shall  be  tmuSerabie. 
transferable  at  the  option  of  the  lvolder  at  any  time,  under  such 
rules  and  regulations  as  the  said  comptroller  shall  prescribe. 


0  1  o  fJ  »> 


4N 


WHEN  STOCK   TO  BE  CREATED. 


Denominations  §  13G.  Whenever  it  shall  be  lawful  to  issue  any  bonds  of  the 
in  exchange.  '  city  and  county  of  Now  York  in  exchange  for  any  bonds  issued 

1879  cb  17H  ffj 

2,comp.iffl!  '  pursuant  to  law  prior  to  April  sixteenth,  eighteen  hundred  and 
seventy-nine,  the  same  shall  be  issued  in  denominations  of 
twenty  dollars,  fifty  dollars,  one  hundred  dollars  and  five  hun- 
dred dollars  and  upwards,  each.  Without  pecuniary  disadvan- 
tage to  the  said  city  and  county  of  New  York,  preference  shall, 

appUcan te  *°  as  ^ar  as  practicable,  be  given  to  applicants  for  the  smallest 
amounts  and  smallest  denominations  of  said  bonds  in  issuing 
the  same. 

ihho, eh.     $1.       js  137.  The  commissioners  of  the  "sinking  fund  of  the  city  of 

idinmissi  th   New  Ynrk  for  the  redemption   of  tlie  citv  <l<-bt . "  wben  duly 

of  sinking  fund        .      .     ,  ,  ,.  c  ..  , 

may  direct  authorized  by  ordinance  ot  t  he  common  council,  may,  by  con- 
city  to  be  '      current  resolution,  direct  that  the  bonds  and  stocks  of  said  city, 

exempt  from        .  -  ,   ,  *  •     ,,         .  i  it  , 

taxaHonfor     issued  pursuant  to  law,  after  Juno  ninth,  eighteen  hundred  and 
eighty,  shall  be  exempt  from  taxation  by  said  city  and  by  the 
county  of  New  York,  but  not  from  taxation  for  State  purposes; 
and  all  bonds  and  stocks  issued  pursuant  to  such  authority  shall 
expj£ss°fact  of       exempt  f 10111  taxation  accordingly,  provided  that  said  bonds 
!m  tiH'Pface      an<^  stocks  shall  not  bear  interest  exceeding  the  rate  of  four  and 
one-half  per  centum  per  annum.    The  bonds  and  stocks  of  the 
city  of  New  York  issued  pursuant  to  the  provisions  of  this 
section,  shall  express  upon  their  face  the  fact  that  they  are  ex- 
empt from  taxation  by  the  city  and  county  of  New  York,  but 
not  from  State  taxation,  and  shall  refer  to  this  section,  and  to 
the  ordinance  of  the  common  council,  and  the*  resolution  of  the 
commissioners  of  the,  sinking  fund  authorizing  their  issue. 
1880.  ch.  199,  gi.       §  138.  All  bonds  issued  by  the  towns  of  Morrisania  and  West 
bonds'may  "e    Farms,  formerly  a  portion  of  Westchester  county,  and  hereto- 
fore annexed  to  the  city  and  county  of  New  York,  for  the  pay- 
ment of  the  principal  and  interest  of  which  the  city  and^ county 
of  New  York  is  liable,  may  be  registered  by  the  owners  thereof 
interest  how    in  the  comptroller's  office  in  said  city;  and  shall  be  transferable 
to  be  paid.      at  the  pleasure  of  the  holder,  either  in  person  or  by.  attorney, 
only  upon  the  books  of  the  corporation  at  said  office  ;  such 
registry  and  transfer  to  be  indorsed  thereon  by  the  stock  clerk. 
The  interest  on  such  bonds,  iwhen  so  registered,  shall,  as  the 
same  becomes  due  and  payable,  be  paid  in  like  manner  as  upon 
other  registered  stock  and  bonds  of  the  city  and  county  of  New 
York;  and  whenever  any  such  bonds  have  coupons  attached, 
the  comptroller  shall,  upon  registration  thereof,  have  authority 
to  detach  all  coupons  therefrom,  and  shall  thereupon  indorse  the 
fact  of  such  registration  with  a  reference  to  this  section. 
i87i, ch. 290,  §3,       §  139.  It  shall  be  the  duty  of  and  lawful  for  the  comptroller 
&wSre,ch.872.  when  thereto  authorized  by  the  board  of  estimate  and  appor- 
tionment to  create  and  issue  such  additional  amounts  of  a  public 


w  11KN  BONDS  TO   BE  ISSUED. 


4<J 


luiul  or  stock,  to  be  denominated  "city  improvement  stock,"  !■-*"••  ><t  <•«} 
as  shall  be  necessary  to  provide  the  funds  to  enahlo  said  conip- 
troller  to  pay  any  and  all  assessments  and  expenses  imposed,  Ol'  for  sin  !  '  ex 
that  may  hereafter  he  imposed,  upon  the  mayor,  aldermen,  and  '""VH 
commonalty,  by  reason  of  the  laying  out,  opening  and  regulat- 
ing, and  grading  or  improving   any  and  all  streets,  roads, 
avenues,  public  parks,  squares  or  places,  and  out  of  the  pro- 
ceeds of  said  puhlic  fund  or  stock  to  pay  such  assessments  and 
expenses. 

§140.  For  the  payment  of  the  damages  awarded  hv  the       cii.eoi,  §;. 

*     .     .  -    1  ,r  ,  °    .  '  Comp.  1030. 

commissioners  ot  estimate  and  assessment  m  anv  proceedings  i^u-ii.-vu, v*. 

.   .        .  -  -  .   .  -         . .  1         .      .      h      18-3. cl..C13,§lG. 

instituted  by  virtue  ol  any  of  the  provisions  of  sections  six  nun-  public  fund  or 
dred  and  seventy  to  six  hundred  and  seventy-eight  inclusive,  and  cnatedand 
of  the  expenses,  charges  and  disbursements  in  the  premises,  the 
comptroller  is  authorized  and  directed,  subject  to  the  other 
provisions  of  this  act,  to  create  and  cause  to  be  issued,  in  the 
name  and  in  behalf  of  the  city  of  New  York,  a  public  fund  or 
stock,  payable  not  more  than  forty  years  from  the  date  of  issue 
thereof,  which  fund  or  stock  shall  he  a  charge  upon  the  said 
city,  and  shall  be  issued  at  such  time  and  times,  and  in  such 
manner,  of  .such  description  and  in  such  amounts  as  may  be 
directed  by  the  department  of  public  parks.  The  moneys  col- 
lected upon  the  assessment  laid  by  the  commissioners  of  estimate 
and  assessment  appointed  in  pursuance  of  such  sections  or  any 
of  them,  sball  be  applied  toward  the  payment  of  said  fund  or 
stock  or  to  the  payment  of  said  awards  and  expenses,  if  received 
before  the  issue  of  such  fund  or  stock. 

§  14 1 .  It  shall  be  the  duty  of  the  comptroller,  and  he  is  hereby  im,  eh.  as, 
authorized  and  directed  when  thereto  authorized  by  the  board 
of  estimate  and  apportionment,  on  requisition  of  the  commis-  ^u^paym^ii 
sioner  of  public  works,  to  raise,  from  time  to  time,  on  bonds  of  of' 
said  city,  amounts  of  money  sufficient  to  pay  the  sums  which 
may  he  necessary,  from  time  to  time,  to  be  paid  for  the  acquisi 
tion  of  any  real  estate,  or  for  the  extinguishment  of  any  right, 
title,  interest  therein,  to  be  acquired  or  extinguished  under  the 
provisions  of  the  laws  relating  to  the  supply  of  water  to  the  city, 
together  with  all  expenses  necessarily  incurred  in  surveying, 
locating,  and  acquiring  title  to  such  real  estate,  or  extinguishing 
claims  for  damages  thereto  ;   and  also  all  such  sums  as,  from  1H-0  ch  5W 
time  to  time,  may  be  found  necessary  for  the  construction  of 
aqueducts,  reservoirs,  dams,  sluices,  canals  and  appurtenances  ; 
and  all  such  payments  shall  be  made  by  the  comptroller  on  the 
certificate  of  the  commissioner  of  public  works  ;  provided,  how-  proviso 
ever,  the  amount  so  raised  shall  not  in  any  one  year  exceed  the 
limitations  which,  by  law,  may  be  or  may  have  been  imposed  as 
to  the  amount  of  expenditure  to  be  made  by  the  commissioner 


50 


WHKN  BONDS  'JO  BE  ISSUED. 


Fl.livls  Id  i»- 

Issued, 


1R80.  ch.  360.  $4. 

Bonds  for 
drains. 


1871,  ch.  3M 
subd.  11. 
Comp.  733. 

City  comptrol 
ler  to  issun 
•.lock  bonds. 


Limitation  of 
issue  of  bonds. 


Moneys  from 
sales  of  bonds, 
bow  deposited. 


Payments 
therefrom. 


of  public  works.  The  bonds  so  to  b<;  issued  sball  be  entitled 
"  additional  Crotort  water  stock  of  the  city  of  New  York,"  sball 
bear  interest  at  tbe  rate  of  not  exceeding  six  per  cent,  per 
annum,  and  sball  be  redeemable  in  not  less  than  ten  nor  more 
than  fifty  years,  as  the  said  comptroller  shall  determine  to  be  for 
the  best  interest  of  the  said  city.  The  mayor  and  comptroller  of 
said  city  are  hereby  authorized  and  directed  to  sign  said  bonds, 
and  it  shall  be  the  duty  of  the  clerk  of  the  board  of  aldermen  to 
countersign  the  same  and  to  affix  thereto  the  seal  of  the  city. 
Such  bonds  sball  not  be  disposed  of  at  less  than  the  par  value 
thereof. 

§  142.  It  shall  be  the  duty  of  the  comptroller,  when  thereto 
authorized  by  the  board  of  estimate  and  apportionment,  to  issue 
bonds  in  behalf  of  the  mayor,  aldermen,  and  commonalty,  to 
an  amount  sufficient  to  raise  the  sum  necessary  to  pay  any 
damages  that  may  from  time  to  time  be  awarded  to  the  owners 
of  lands  for  the  right  of  way  required  for  drains  and  for  the  ex- 
pense of  plans  and  surveys  and  the  fees  of  commissioners,  in 
pursuance  of  sections  five  hundred  and  sixty-two  to  five  hundred 
and  sixty-five  of  this  act,  inclusive,  and  to  pay  the  same  from 
the  proceeds  of  such  bonds  in  the  same  manner  as  in  the  case  of 
street  openings. 

£143.  The  comptroller  shall,  from  time  to  time,  when  di- 
rected by  the  commissioners  of  the  sinking  fund,  prepare  and 
issue  bonds  of  said  city  to  be  called  "dock  bonds  of  the  city  of 
New  York/'  signed,  sealed,  and  countersigned  in  the  same  man- 
ner as  other  bonds  of  said  city,  and  bearing  not  more  than  six 
per  cent,  interest  per  annum,  and  redeemable  from  time  to  time, 
but  not  before  thirty  years  after  the  date  thereof,  for  the  pur- 
pose of  raising  the  moneys  necessary  to  carry  out  the  provisions 
of  title  one  of  chapter  fifteen  hereof  relating  to  the  department  of 
docks,  its  powers  and  duties.  But  not  more  than  three  millions 
of  dollars  of  said  bonds  shall  be  issued  in  anyone  year,  and  none 
of  said  bonds  shall  be  sold  for  less  than  the  par  value  thereof. 
The  moneys  received  from  sales  of  said  bonds  shall  he  deposited 
in  the  treasury  of  the  city,  and  shall  be  drawn  out  and  paid  by 
the  comptroller  of  said  city  for  the  several  objects  and  purposes 
provided  in  said  title,  relating  to  the  said  department,  its  powers 
and  duties,  upon  the  requisition  of  the  said  board  of  the  depart- 
ment of  docks,  countersigned  by  the  commissioners  of  the  sink- 
ing fund.  The  expenses  and  compensation  of  said  board,  its 
rent,  the  compensation  of  its  appointees,  the  purchase  money 
and  damages  awarded  upon  the  acquisition  of  private  property, 
the  payments  under  the  contracts  authorized  in  said  title  and  for 
work  performed  under  the  same,  and  all  other  expenses  and  dis- 
bursements necessarily  incurred  in  carrying  out  the  said  provis- 


WIIKN    HUM'S  To  l!K  lssl  ED. 


51 


ions  of  said  title  in  keeping,  maintaining,  repairing,  building, 
and  rebuilding  the  wharves  belonging  to  the  said  corporation,  in 
dredging  and  cleaning  slips,  sball  be  paid  out  of  said  moneys  in 
tbe  manner  above  provided. 

£  141.  It  shall  be  lawful  for  the  niavor.  aldermen,  and  com-  ch.m,|i, 

v  Coinp.  183. 

inonall v  lo  borrow  from  time  to  time,  bv  the  issue  of  bonds.  Amount  that 

•    mav  be  issued 

bearing  such  rales  of  interest  as  they  may  deem  proper,  not  ex-  (g°g;*°of 
feeding  six  per  centum  per  annum,  such  sums  as  may  be  neces-  1Kr-'  ch- 580 
-ary  to  pay  all  expenses  incurred  or  to  be  incurred  on  account  of 
regulating  and  paving  streeK  building  sewers,  and  all  other 
work  ordered  to  be  done  by  contract,  under  and  by  virtue  of 
ordinances  passed  by  the  said  mayor,  aldermen,  and  common- 
alty; the  expense  whereof  is  to  be  afterwards  collected  by  as-  t 
sessment  from  the  property  benefited  by  said  work  or  works,  or 
on  account  of  any  local  improvement  or  other  public  work  here- 
tofore made  or  performed,  or  that  shall  be  hereafter  made  or 
performed  under  and  by  virtue  of  the  authority  of  any  law,  in 
all  cases  in  which  the  said  expense  is  to  be  paid  in  whole  or  in 
part  by  assessment  upon  the  property  benefited.    Such  bonds  istp, ch.  383.  ??. 
shall  be  issued  by  the  comptroller  when  authorized  by  the  board  °°mp:  193 
of  estimate  and  apportionment,  at  not  less  than  par,  for  such 
period  as  said  comptroller  may  determine,  not  exceeding  ten 
years.    No  moneys  shall  be  paid  out  of  the  proceeds  of  said  ikb,  ch.  aw,  |i, 
bonds  on  account  of  any  contract  hereinbefore  referred  to  until  \ 
a  copy  of  said  contract  has  been  filed  with  the  comptroller  of 
said  city  by  the  head  of  the  department  having  such  work  in 
charge,  and  also  a  certificate  in  writing  from  the  head  of  such 
department,  stating  that  a  payment  is  due.  and  the  amount  of 
such  payment. 

§  145.  Tbe  comptroller  is  hereby  directed,  upon  tbe  confirm-  un, ob.  sm, «& 

.         ,,  ,       p  n  ■     •  Comptroller  to 

ation  bv  t  he  supreme  court  of  anv  report  of  commissioners  issue  bonds  for 

_ - .  ,  certain  street 

appointed  in  proceedings  to  open  or  widen  any  street  or  avenue,  opening* 
or  to  acquire  the  title  to  laud  for  any  public  place  in  the  twelfth 
ward,  north  of  One  Hundred  and  Fifty-fifth  street,  or  in  the 
twenty-third  or  twenty-fourth  wards,  in  which  proceedings 
assessments  for  benefit  have  been  or  shall  hereafter  be  made, 
and  whenever  assessments  for  grading,  regulating  and  paving 
and  for  sewers  in  -said  territory  have  been  or  shall  hereafter  be 
laid,  to  issue  the  bonds  of  said  city  to  an  amount  sufficient  to 
pay  said  assessments,  which  bonds  shall  be  in  sums  not  exceed- 
ing one  thousand  dollars,  and  shall  bear  interest  at  the  rate  of 
not  exceeding  six  per  centum  per  annum,  payable  semi-annually, 
or  such  less  rate  as  the  said  comptroller  shall  negotiate  the  same 
for  at  par,  and  shall  express  that  one-twentieth  of  the  whole 
amount  of  said  bonds  shall  be  payable  in  each  year,  such  one- 
twentieth  to  be  designated  in  each  year  by  the  comptroller  on  a 


WHEN  BONDS  TO*  BE  ISSUED. 


I878,ch.  888,  §10, 
Comp.  192. 
Proposals  tor 
bonaa  and 
stocks  hereaf- 
ter issued. 


is; i.  ch.  si. 
Comp.  iw. 
( tempi  roller  to 
issue  bonds. 
See  1862,  eb.  301. 


How  npplied. 


1h;,3,  ch.  750,  SI, 
Comp.  184. 
Comptroller  to 
issue  bonds  for 
certain 
purposes. 
See  1871,  chs. 
322,  323. 
1878,  ch.  383. 


Amount 
limited 


I8i3.  oh.  756,  §3. 
Comp.  185. 


day  to  be  specified  iifsaid  bonds  by  public  selection  by  lot  from 
the  whole  number  of  said  bonds,  and  said  assessments  shall  be 
paid  from  the  proceeds  of  said  bond-. 

£  MO.  Whenever  any  bonds  or  stocks  shall  .be  hereafter  is 
sued,  other  than  revenue  bonds,  or  such  bonds  and  stocks  as 
may  be  purchased  for  investment  by  the  commissioners  of  the 
sinking  fund,  the  comptroller  o'f  said  city  shall  invite  proposals 
therefor  by  public  advertisement  for  not  less  than  ten  days,  and 
shall  award  the  same  to  the  highest  bidder  therefor  ;  provided 
that  no  proposals  for  bonds  or  stocks  shall  be  accepted  for  less 
than  the  par  value  of  the  same  ;  and  said  proposals  shall  be 
only  publicly  opened  by  the  comptroller  in  the  presence  of  the 
commissioners  of  the  sinking  fund,  or  such  of  them  as  shall  at- 
tend, at  the  time  and  place  specified  in  the  advertisement  there- 
of. The  comptroller,  with  the  approval  of  said  commissioners, 
shall  determine  what,  if  any,  part  of  said  proposals  shall  be  ac- 
cepted, and  upon  the  payment  into  the  city  treasury  of  the 
amounts  due  by  the  persons  whose  bids  are  accepted,  respec^ 
tively,  certificates  therefor  shall  be  issued  to  them  as  authorized 
by  law. 

§  147.  The  moneys  which  the  comptroller  is  authorized  to 
pay  pursuant  to  the  provisions  of  section  three  hundred  and 
twenty-three  of  this  act  shall  be  obtained  by  him  from  time  to 
time,  as  may  be necessary,  upon  the  bonds  of  said  mayor,  al- 
dermen and  commonalty  of  the  city  of  New  York.  The  money 
collected  pursuant  to  the  provisions  of  said  section  shall  be  set 
apart,  when  collected,  as  a  trust  fund,  and  applied  to  the  re- 
demption of  the  principal  and  interest  of  said  bonds  ;  said  bonds 
shall  be  payable  in  not  less  than  five  years  from  the  date  of  their 
issue,  and  shall  bear  interest  at  a  rate  not  exceeding  six  per 
cent,  per  annum.  The  mayor  and  comptroller  are  authorized 
and  directed  to  sign  said  bonds,  and  it  shall  be  the  duty  of  the 
clerk  of  the  board  of  aldermen  to  countersign  the  said  bonds  and 
affix  the  seal  of  the  city  thereto. 

§  148.  To  provide  moneys  for  the  payment  of  claims  against 
the  city  and  county  of  New  York,  incurred  prior  to  January 
first,  eighteen  hundred  and  seventy-two,  and  of  judgments 
which  have  been  or  may  be  obtained  against  the  said  city,  the 
comptroller,  whenever  directed  by  the  board  of  estimate  and  ap- 
portionment, is  authorized  to  issue  bonds  of  said  city  or  county, 
payable  within  three  years  from  the  date  thereof,  and  bearing- 
interest  not  exceeding  six  per  cent,  per  annum.  Said  bonds 
shall  not  be  sold  at  less  than  their  par  value,  and  the  amount 
thereof  is  limited  to  two  million  dollars. 

§  149.  If,  at  any  time  hereafter,  the  amount  in  the  treasury 
of  the  city,  derived  from  collections  of  assessments  shall  be  in- 


I'AYMKN'IN  FOR    HKooKI.VN  KRIIH.I 


sufficient  t<>  meet  and  paw  when  thev  become  due  and  navable,  ' h'""'- 

1    •  *  J  *    -    .      '   to  imy  bondi 

any  bonds  issued  by  the  mayor,  aldermen  and  commonalty  of  fniW'i"- 
the  city  of  New  York,  for  expenditures  incurred  on  public  im- 
provements, payable  in  whole  or  in  pari  from  assessments,  then 
it  shall  bo  lawful  for  the  comptroller,  and  he  is  hereby  author- 
ized to  issue  consolidated  stock  for  an  amount  sufficient  to  pay, 
and,  from  the  proceeds  thereof,  to  pay  the  bonds  BO  falling  due 
as  aforesaid. 

8  150.  The  corporation  of  the  city  of  New  York  is  herebv  i*vs..-i,  .-.;•...„. - 

of  J  v     UOmp.  583. 

authorized  to  borrow,  on  the  credit  of  the  corporation,  from  coloration  to 
.  .  .  ,  ,  ,  .ii-i      borrow  to  meet 

tune  to  tune,  such  amounts  as  may  he  required  to  meet  the  de-  .i--ii.-i.-n.  i.- 

fit  iencies  caused  by  delay  in  collecting;  arrears  of  assessments  ; 
the  aggregate  amount  so  borrowed  not  to  exceed  at  any  time  the 
aggregate  amount  of  said  arrears  then  outstanding. 

151.  For  the  purpose  of  completing  the  bridge  now  in  isao,  ch.  m,  \\. 
course  of  construction  between  the  cities  of  New  York  and  York°topoy  to 
Brooklyn,  acquiring  the  land  necessary  therefor,  and  fitting  and  briSgelrM.ooo 
equipping  the  same  with  the  requisite  structures  and  machinery 
for  travel  and  transportation  thereon,  as  the  trustees  of  the  said 
bridge  may  determine,  the  city  of  New  York  shall  pay  to  the 
trustees  of  the  New  York  and  Brooklyn  bridge  such  sum  as. 
added  to  the  amount  paid  to  said  trustees  since  April  seven, 
eighteen  hundred  and  eighty,  will  make  the  sum  of  seven  hun- 
dred and  fiftv  thousand  dollars,  or  so  much  of  said  sum  as  the 
said  trustees  shall  from  time  to  time  require,  and  call  upon  the 
said  city  to  pay,  by  request  made  by  the  said  trustees,  upon  the  . 
mayor  and  comptroller  of  said  city  but  the  city  of  New  York 
shall  not  at  any  time  be  called  upon  or  required  to  pay  more 
than  one-half  of  the  amount  which  the  city  of  Brooklyn  is  at 
the  same  time  called  upon  and  required  to  pay  ;  and  it  shall  be 
the  duty  of  the  said  comptroller,  and  he  is  authorized  to  borrow  comptroller  to 

•*  r  borrow  money. 

from  time  to  time,  as  shall  be  requisite  upon  the  faith  and  credit, 
and  in  the  name  of  the  mayor,  aldermen,  and  commonalty  of  the 
city  of  New  York,  the  moneys  necessary  to  pay  to  the  said  trus- 
tees the  sum  aforesaid,  and  to  pay  the  interest  to  accrue  until 
the  said  bridge  shall  be  completed  and  ready  for  public  travel,  dn 
the  bonds  to  bo  issued  therefor  ;  and  also  the  interest  to  accrue 
from  and  after  the  first  day  of  January,  eighteen  hundred  and 
eighty,  until  the  said  bridge  shall  be  completed  and  ready  for 
public  travel  as  aforesaid,  on  the  bonds  issued  by  the  said  city 
under  the  provisions  of  chapter  three  hundred  of  the  laws  of 
eighteen  hundred  and  seventy-five,  and  to  issue  the  bonds  of  said 
city,  which  bonds  shall  be  signed  by  the  mayor  and  comptroller  BonUs  ,obe 
of  said  city,  for  the  moneys  so  to  be  borrowed,  with  interest,  at  ml"wandUie 
a  rate  not  exceeding  that  allowed  by  law,  and  payable  half-  comptPoUer- 
yearly,  and  which  bonds  shall  be  redeemable  in  such  time  or 


54 


BONDS  FOB  TAXES. 


1881,  ch.  4G1,  $2, 
.Money  to  ilo 
work  to  lie 
raised  on 
revenue  bonds. 


18V4,  ch.  147,  $1. 
Comp.  180. 
Revenue  bonds, 
city  comptrol- 
ler authorized 
to  issue. 


Proceeds  to  be 
paid  to  State 
treasurer. 


l873.ch.335,§kV>. 
Comp.  96. 


times  as  said  comptroller  shall  deem  proper.  And  it  is  hereby 
expressly  provided  and  declared  that  the  money,  hy  this  .section 
authorized  to  he  raised  and  paid,  together  with  the  money  to  he 
paid  byj the  city  of  Brooklyn,  and  the  proceeds  of  the  salt  s  of 
lands  acquired  and  held  for  the  purposes  of  the  bridge  is  intended 
and  shall  he  used  fully  to  complete,  fit  up,  and  equip  the  said 
bridge  as  a  public  highway  between  the  said  cities  of  New  York 
and  Brooklyn  ;  the  said  moneys  being  the  limit  of  the  total 
amount  authorized  to  be  expended  to  fully  and  finally  complete, 
tit  up,  and  equip  the  same. 

§  152.  The  comptroller  is  hereby  authorized  and  directed  to 
issue,  upon  the  requisition  of  the  department  of  public  parks, 
in  the  name  and  on  belialf  of  the  mayor,  aldermen  and  com- 
monalty, revenue  bonds  of  the  city,  to  an  amount  not  exceeding 
twelve  thousand  dollars  in  all,  with  interest  at  the  rate  not  ex- 
ceeding six  per  centum  per  annum,  and  the  proceeds  of  said 
bonds  shall  be  applied  to  payment  f<5r  the  work,  labor  and  ma- 
terials required  to  be  done  or  purchased  in  pursuance  of  section 
six  hundred  and  eighty-six  of  this  act. 

§  153.  For  the  purpose  of  enabling  the  city  and  county  of  Xew 
York  to  make  payment  of  the  quota  of  State  taxes  which  ma> 
he  imposed  upon  and  chargeable  to  the  said  city  and  county  at 
the  same  time  or  times  that  other  counties  of  this  State  are  or 
may  be  required  to  make  payment  by  law,  to  wit :  One- half 
thereof  on  the  lifteeuth  day  of  April,  and  the  other  half  thereof 
on  the  first  day  of  May  in  each  and  every  year  ;  the  comptroller 
of  said  city  is  hereby  authorised  and  required,  unless  the  money 
for  the  payment  of  the  same  shall  have  been  otherwise  provided, 
to  issue  revenue  bonds  for  such  amounts  as  may  from  time  to 
time  become  necessary  to  meet  such  quota  of  the  State  taxes,  at 
not  less  than  their  par  value,  and  for  such  periods  and  at  such 
rates  of  interest  as  the  said  comptroller  shall  determine,  not  ex 
ceeding  six  per  centum  per  annum,  and  from  the  pr  ceeds 
thereof  to  pay  to  the  State  treasurer  the  amount  of  taxes  which 
the  comptroller  of  the  State  shall  have  apportioned  according  to 
law,  and  which  may  be  required  to  be  paid,  in  pursuance  of  such 
apportionment,  to  the  State  by  the  city  and  county  of  Xew 
York  at  the  times  hereinbefore  stated  ;  and  the  amount  of  said 
State  taxes  for  any  fiscal  year,  so  imposed  and  chargeable,  shall 
be  levied,  raised  and  collected  in  the  then  next  annual  levy  for 
taxes  in  the  said  city  and  county  of  Xew  York,  in  the  same 
manner  as  other  city  and  county  taxes,  and  the  money  collected 
thereon  shall  be  applied  to  the  redemption  of  the  revenue  bonds 
so  issued. 

§  151.  The  comptroller  is  authorized  to  borrow,  from  time  to 
time,  on  the  credit  of  the  corporation,  in  anticipation  of  its  reve- 


BONDS  POH  TAXI'S. 


5.") 


imos,  and  not  to  exceed  iii  amount  tho  amount  of  such  reve- 
nues, such  sums  as  may  he  necessary  to  moot  expenditures 
under  the  appropriations  for  each  current  year. 

;j  155.  The  comptroller  is  authorized  and  directed  to  raise       -i.  >:. 

a  i  i      ±1  Bonds. 

such  sums  of  money  as  may  be  necessary  to  make  the  payments 
directed  to  he  made  by  section  one  hundred  and  ninety-six  of  this 
act,  by  the  issue  of  revenue  bonds  in  anticipation  of  the  taxes  of 
the  year  following  ill"  audit  therein  mentioned,  and  the  moneys 
so  raised  shall  be  paid  for  and  upon  the  claim  referred  to  in  said 
section. 

§  156,  The  comptroller  is  authorized  to  issue  assessment  bonds  w.<-u.-m.  m 
to  provide  for  the  payment  of  any  awards  for  which  certificates 
may  be  fded  in' accordance  with  the  provisions  of  section  nine 
hundred  and  twelve  of  this  act,  and  to  pay  such  awards  from 
the  proceeds  of  such  bonds. 

§  157.  Upon  the  receipt  of  a  requisition  issued  and  approved  t88o,cta.MO  [; 
in  the  manner  and  for  the  purposes  and  amount  or  amounts 
provided  in  section  five  hundred  and  eleven  of  this  act,  it  shall 
be  the  duty  of  the  comptroller  to  pay  the  same ;  and  for  that 
purpose  he  shall  borrow  and  raise  upon  a  revenue  bond,  to  be 
issued  in  the  name  of  the  mayor,  aldermen  and  commonalty  of 
the  said  city,  the  several  amounts  that  from,  time  to  time  may 
be  so  required,  which  shall  be  reimbursed  by  the  payment  of  the 
amount  and  interest  out  of  the  judgment  or  judgments  obtained 
as  in  said  section  provided,  if  the  same  shall  be  collected. 

$>  158.  Upon  the  receipt  of  a  requisition  issued  and  approved  a^ffiu* K" ' 
in  the  manner  and  for  the  purposes  and  amount  or  amounts  1,1 
provided  in  section  five  hundred  and  eleven  of  this  act,  it  shall 
be  the  duty  of  the  comptroller  to  pay  the  same  ;  and  for  that 
purpose  he  shall  borrow  and  raise  upon  a  revenue  bond,  to  be 
issued  in  the  name  of  the  mayor,  aldermen  and  commonalty  of 
the  said  citv,  the  several  amounts  that  from  time  to  time  mav 
be  so  required,  jvhich  shall  be  reimbursed  by  the  payment  of 
the  amount  and  interest  out  of  the  judgment  or  judgments  ob- 
tained as  in  said  section  provided,  if  the  same  shall  be  collected. 

§159.  The  comptroller  is  authorized  and  directed  to  issue  issi.ch.  ««,  53. 
revenue  bonds  to  provide  means  to  make  the  payments  required  Id 
by  section  one  hundred  and  thirty,  in  anticipation  of  the  amount 
to  be  received  for  tho  cost  and  expenses  therein  directed.  Such 
bonds  shall  bear  interest  at  such  rate  as  the  comptroller  shall 
deem  proper,  not  exceeding  six  per  cent,  per  annum,  and  shall 
be  sold  at  not  less  than  par. 

;j  1G0.  The  comptroller  is  authorized  and  directed  to  raise  by  ism.  Ch.  fi 
the  issue  and  sale  of  revenue  bonds  the  amount  appropriated  in  1,1 
pursuance  of  section  two  hundred  and  five  in  those  cases  in 
which  the  appropriation  is  made  after  the  final  passage  of  the 


56 


THE  CHAMBERLAIN. 


1871,  eh.  213.  ?5. 
Id. 


I«8i,ch.+I8,887:j. 
Costs  In 
bastardy. 


annual  appropriation  and  the  certification  to  the  hoard  of  alder 
men  of  the  amount  to  he  raised.    The  amount  so  raised  by 
revenue  honds  shall  ho  included  in  the  final  estimate  of  the  next 
succeeding  year. 

§  161.  The  comptroller  is  authorized  and  directed  to  raise  by 
the  issue  and  sale  of  revenue  honds  the  money  necessary  to  de- 
fray the  expenses  authorized  by  section  three  hundred  and  fifty- 
two. 

§  162.  When  costs  are  awarded  upon  an  appeal,  to  the  person 
charged  as  the  father  or  mother  of  a  bastard,  they  must,  upon 
the  production  of  a  certified  copy  of  the  order  awarding  costs 
and  of  the  taxed  costs,  be  paid  by  the  comptroller,  and  charged 
to  the  appropriation  made  to  the  commissioners  of  charities  and 
correction. 


Ib73,ch.  335  $3-1. 
Comp.  109. 
1880,  ch.  Ml. 
Chamber' *hi, 
appointme.it 
of,  etc. 

8  Abb.  N.  C.  92. 
Bond  of. 


1880,  ch.  521,  f.'. 


1873,ch.  335,  §34. 
Comp.  169. 
Powers  and 
duties  of 


Title  Z.—The  Chamberlain. 

§  163.  The  chamberlain  shall  be  appointed  in  the  same  man- 
ner as  heads  of  departments,  and  shall  hold  his  office  for  four 
years,  unless  sooner  removed,  as  herein  provided.  He  shall, 
within  ten  days  after  receiving  notice  of  his  appointment  and 
confirmation,  and  before  he  enters  upon  his  office,  give  a  bond 
to  the  people  of  the  State  of  New  York  in  the  sum  of  five  hun- 
dred thousand  dollars,  with  not  less  than  four  sufficient  sure- 
ties, to  be  approved  by  the  comptroller,  conditioned  that  he  will 
faithfully  discharge  the  duties  of  his  office  and  all  trusts  im- 
posed on  him  by  law  in  virtue  of  his  office..  Such  bond  shall 
be  deemed  to  extend  to  the  faithful  execution  of  the  duties  of 
the  office  until  a  new  appointment  shall  be  made  and  confirmed, 
and  the  person  so  appointed  enters  upon  the  performance  of  his 
duties.  In  case  of  any  official  misconduct  or  default  on  the  part 
of  such  chamberlain,  an  action  upon  such  bond  may  be  begun 
and  prosecuted  to  judgment  by  the  attorney-general,  who  shall, 
after  first  paying  therefrom  the  expenses  of  the  litigation,  cause 
the  proceeds  of  such  judgment  to  be  distributed  as  shall  be  law- 
ful and  equitable  among  the  persons  and  objects  injured  or  de- 
frauded by  such  official  misconduct  or  default  of  said  chamber- 
lain. 

§  161.  Said  chamberlain  shall  exhibit  to  the  board  of  alder- 
men, at  its  first  meeting  in  the  month  succeeding  that  in  which 
he  enters  upon  the  execution  of  his  office,  an  exact  statement  of 
the  balance  in  the  treasury  to  the  credit  of  the  city,  with  a  sum- 
mary of  the  receipts^  and  payments  of  the  treasury  during  the 
preceding  year,  and  since  the  last  preceding  report  required  by 
law,  if  more  than  a  year  shall  have  elapsed  since  such  report. 
He  shall  receive  ail  moneys  which  shall,  from  time  to  time,  be 


i  nr.  CHAMBERLAIN. 


paid  into  the  treasury  of  the  city.  Ho  sliall  deposit  all  moneys 
which  shall  come  info  his  hands  on  account  of  the  city  on  the 
day  of  the  receipt  thereof,  or  on  the  business  day  next  succeed- 
ing, in  such  hanks  and  trust  companies  as  shall  have  been  desig- 
nated as  deposit  hanks,  in  pursuance  of  the  next  section;  hut 
no  amount  exceeding  two  million  dollars  shall  he  on  deposit  at 
any  time  in  any  one  bank  or  trust  company.  The  money  so  de- 
posited shall  be  placed  to  the  account  of  the  chamberlain,  and 
he  shall  keep  a  bankbook,  in  which  shall  be  entered  his  accounts 
of  deposit  in,  and  moneys  drawn  from,  the  banks  and  trust 
companies  in  which  the  deposits  shall  be  matte.  The  said  banks 
and  trust  companies  shall,  respectively,  transmit  to  the  comp- 
troller a  weekly  statement  of  the  moneys  which  shall  be  re- 
ceived and  paid  by  them  on  account  of  the  city  treasury.  The 
chamberlain  shall  pav  all  warrants  drawn  on  the  treasury*  by  the  i,;,v  "n'™"'- 

x    J  i  drawn  on 

comptroller  and  countersigned  by  the  mayor,  and  no  moneys  treasury, 
shall  bo  paid  out  of  the  treasury  except  on  the  warrant  of  the  tobe3toe4*nd 
comptroller  so  countersigned.    No  such  warrant  shall  be  signed  eountersif*n(yl 
by  the  comptroller,  or  countersigned  by  the  mayor,  except  upon 
vouchers  for  the  expenditure  of  the  amount  named  therein,  ex- 
amined and  allowed  by  the  auditor,  approved  by  the  comptroller, 
and  filed  in  the  department  of  finance,  except  in  the  case  of 
judgments,  in  which  case  a  transcript  thereof  shall  be  filed,  nor 
except  such  warrant  shall  be  authorized  by  law  or  ordinance, 
and  shall  refer  to  the  law  or  ordinance  and  to  the  appropriation 
under  and  from  which  it  is  drawn.    The  chamberlain  shall  not  Money  to  be 

drawn  on 

draw  any  moneys  from  said  banks  or  trust  companies,  unless  by  check*, 
checks  subscribed  by  him  as  chamberlain  and  countersigned  by 
the  comptroller;  and  no  moneys  shall  be  paid  by  either  of  the 
said  banks  or  trust  companies  on  account  of  the  treasury  except 
upon  such  checks.  The  chamberlain  shall  exhibit  his  bank-book 
to  the  comptroller  on  the  first  Tuesday  of  every  month,  and 
oftener  when  required.  The  accounts  of  the  city  treasurer  shall 
be  annually  closed  on  the  last  day  of  November,  and  shall  be  ex-  when  account-; 
amined  in  the  month  of  December  in  said  year  .by  the  commis- 
sioners of  accounts.  Such  commissioners  shall  examine  the  ac- 
counts and  vouchers  of  all  moneys  received  into  and  paid  out  of  of- 
the  city  treasury  during  the  year  ending  on  tho  last  day  of  No- 
vember next  preceding  such  examination,  and  shall  certify  and 
report  to  the  mayor  and  the  common  council,  in  tho  following 
month  of  January,  the  amount  of  moneys  received  into  the 
treasury  during  such  year,  the  amount  of  moneys  paid  out  dur- 
ing the  same  period  by  virtue  of  warrants  drawn  on  the  treasury 
by  the  comptroller,  the  amount  of  moneys  received  by  the  cham- 
berlain who  shall  be  in  office  at  the  time  of  such  examination, 
if  he  entered  upon  the  execution  of  his  duties  since  the  iastpi-e- 


to  be  closed. 
Exaniinntion 


TUB  CHAMBERLAIN, 


ih;s.  eh.885,$86, 

as  a'ncnclcl 
1870,  Ch.  189,  j1. 
Comp.  171. 
Ranks  of  de- 
posit . 


Interest  on  ile 
posits. 


Warrants  and 
reports  of 
moneys  re- 
ceived. 


1880,  ch.  B81. 
City  chaniber- 
Sain,  his  salary. 


Interest,  fees, 
etc. 


coding  report,  the  balance  in  the  treasury  on  the  last  day  of  No- 
vember preceding  such  examination,  the  amount  of  moneys  bor- 
rowed for  or  on  the  credit  of  the  city  during  such  year,  and  the 
amount  of  bonds  of  the  city  issued  during  such  year,  with  the 
purposes  for  which  and  the  authority  under  which  such  bonds 
were  issued.  Such  commissioners  shall  also  compare  the  war- 
rants drawn  by  the  comptroller  on  the  treasury  during  the  year 
ending  on  the  last  day  of  November  preceding  suck  examina- 
tion, with  the  several  laws  and  ordinances  under  which  the 
same  shall  purport  to  have  been  drawn,  and  shall  in  like  man- 
ner certify  and  report  whether  the  comptroller  had  power  to 
draw  such  warrants;  and  if  any  shall  be  found  which  in  (heir 
opinion  he  had  no  power  to  draw,  they  shall  specify  the  same  in 
their  report,  with  their  reasons  for  such  opinion. 

*  1G5.  The  said  chamberlain  and  mayor  and  the  comptroller 
shall  by  a  majority  vote,  by  written  notice  to  the  comptroller, 
designate  the  banks  or  trust  companies  in  which  all  moneys  of 
the  mayor,  aldermen,  and  commonalty  of  the  said  city  and 
county  of  New  York  shall  be  deposited,  and  may  by  like  notice, 
in  writing,  from  time  to  time,  change  the  banks  or  trust  com- 
panies thus  designated;  but  no  such  bank  or  trust  company 
shall  be  designated  unless  its  officers  shall  agree  to  pay  into  the 
city  treasury  interest  on  the  daily  balances  at  a  rate  to  be  fixed 
by  the  mayor  and  chamberlain,  and  the  said  comptroller  of  the 
city  of  New  York,  by  a  majority  vote,  which  rate  shall  not  be 
less  than  two  and  one-half  per  cent.  The  said  chamberlain 
shall  keep  books  showing  the  receipts  of  moneys  from  all  sources 
and  designating  the  sources  of  the  same,  and  also  showing  the 
amounts  paid  from  time  to  time  on  account  of  the  several  ap- 
propriations; and  no  warrants  shall  be  paid  on  account  of  any 
appropriation  after  the  amount  authorized  to  be  raised  for  that 
specific  purpose  shall  have  been  expended.  The  said  chamber- 
lain shall  once,  in  each  week  report  in  writing  to  the  mayor  and 
to  the  comptroller  all  moneys  received  by  him,  the  amounts  of 
all  warrants  paid  by  him  since  his  last  report,  and  the  amount 
remaining  to  the  credit  of  the  city  and  county.  The  chamber- 
lain shall  receive  the  sum  of  twenty-five  thousand  dollars  annu- 
ally, and  no  more,  for  all  services  as  chamberlain  of  said  city 
and  as  county  treasurer  of  the  county  of  New  York,  in  lieu  of 
salary  and  of  all  interest,  fees,  coni missions,  and  emoluments: 
and  all  such  interest,  fees,  commissions,  and  emoluments  shali 
be  accounted  for  and  paid  over  'by  him  to  the  city  treasury 
except  that  the  commissions  or  compensation  provided  by  law 
and  received  by  him  for  receiving  and  paying  over  the  State 
taxes  and  all  interest  which  accrues  on  deposits  shall  be  paid  by 
him  to  the  commissioners  of  the  sinking  fund.    He  may  appoint 


THE  CHAMBERLAIN, 


and  remove  at  pleasure  a  deputy  chamberlain  and  Mich  clerks  Oommtaiom 

*  *      -  on  stute  tnxt-M. 

and  assistants  as  may  bo  necessary,  whose  salaries,  together  I;*,",'""" '"■ 
with  all  the  expenses  of  his  office,  shall  be  paid  wholly  by  him.  Density  < 
and  shall  m  no  case  be  a  public  charge. 

§  166.  The  chamberlain  shall  on  the  first  day  of  October  in 
each  year,  and  on  the  first  day  of  each  month  thereafter,  notify 
officially  the  comptroller  of  the  State  how  much  of  the  State 
tax  has  been  collected  and  paid  into  his  hands  during  the  pre- 
ceding month;  whereupon  the  comptroller  shall  immediately  ]-.,-  ,„ 
draw  his  warrant  therefor,  payable  to  the  treasurer  of  the  State.  1  mp 
who  shall  proceed  to  collect  and  deposit  the  same  in  the  treasury 
of  the  State,  and  the  chamberlain  shall  pay  such  warrant  im- 
mediately upon  its  presentation  and  demand  for  payment. 

§  Km.  Each  provision  of  title  three  of  chapter  eight  of  the 
code  of  civil  procedure,  relating  to  a  county  treasurer,  applies  to 
the  chamberlain,  with  respect  to  money  paid  into  court,  in  an 
action  triable  in  the  city  and  county  of  New  York,  or  with  re- 
spect to  money,  or  a  bond,  mortgage,  or  other  security,  or  pub-  , ,,  , ,.. ..„. 
lie  stock,  representing  money  paid  into  court ;  except  where  "  ' 
special  provision,  with  respect  to  the  same,  is  otherwise  made 
by  law.  • 

^  10$.  The  chamberlain  is  entitled,  for  the  services  specified 
in  this  section,  to  the  following  fees:  For  receiving  money 
paid  into  court,  one-half  of  one  per  centum  upon  the  sum 
so  received.     For  paying  out    the  same,   one-half  of  one 
per  centum    upon    the    gum    so    paid  out.     For  investing 
money,  pursuant  to  the  direction  of  a  court,  one-half  of 
one  per  centum  upon  the  sum  invested,  not  exceeding  two  caciv.proc. 
hundred  dollars,  and  one-quarter  of  one  per  centum  upon  peesot  cham- 
the  excess  over  two  hundred  dollars.    For  receiving  the  interest  '"'lam 
upon  an  investment,  and  paying  the  same  to  the  person  entitled 
thereto,  one-half  of  one  per  centum  upon  the  interest  so  received 
and  paid. 

§169.  It  shall  be  the  duty  of  the  chamberlain  to  pay  over  jsm.  eh.  ? . 
from  time  to  time  to  the  commissioners  of  emigration,  out  of  ma<ie  b>- 
the  moneys  received  by  him  as  duty  upon  alien  passengers 
arriving  at  the  port  of  New  York,  all  such  sums  of  money  as 
may  he  necessary  for  the  execution  of  the  inspection  laws  of  the 
state  of  New  York,  with  the  execution  of  which  the  commis- 
sioners of  emigration  now  are  or  may  hereafter  be  charged  by 
law,  and  to  take  the  vouchers  of  the  commissioners  of  emigra- 
tion for  all  such  payments.  And  it  shall  be  the  duty  of  the 
said  chamberlain  to  pay  over  annually,  on  the  first  of  January 
in  each  year,  to  the  treasury  of  the  United  States  the  net  pro- 
duce of  all  'such  duties  collected  and  received  by  him  after  the 


chamberlain  to 
commissioners 
of  emigration. 


CO 


COMMISSIONERS  OF  SINKING  FUND. 


payments  to  the  commissioners  of  emigration  aforesaid,  and 
take  the  receipt  of  the  secretary  of  the  treasury  therefor. 


Titlk  i.  —Striking  "Fund. 


I878,ch.885,|102, 
uk  amended 
1878,  cb.  7o7,|17, 
Comp.  lVi. 
Commissioners 
of  sinking  fund. 
08  N.  V..  858; 
.11  How.  3*>:  7 
Daly,  439. 
Have  power  to 
sell  or  lease 
property.  1 


16U9,  eh.  976,  |8, 
Comp.  ssu. 
Market  prop- 
er! v. 


Proceeds  of 
sale. 


1878,  ch.  3:0,  (1, 
Comp.  190. 
Redemption 
sinking  fund. 


§  170.  Then;  shall  continue  to  be  a  hoard  of  commissioners  of 
the  sinking  fund,  composed  of  the  mayor,  recorder,  chamber- 
lain, comptroller,  and  the  chairman  of  the  finance  committee  of 
the  hoard  of  aldermen,  with  all  the  powers  and  duties  now 
assigned,  designated,  and  ratified  hv  existing  ordinances.  Tin- 
said  hoard  shall  except  as  in  this  act  otherwise  specifically  pro- 
vided have  power  to  sell  or  lease,  for  the  highest  marketable 
price  or  rental,  at  public  auction  or  by  sealed  bids,  and  always 
after  public  advertisement  and  appraisal  under  the  direction  of 
slid  hoard,  any  city  property  except  wharves  or  piers,  but  not 
for  a  term  longer  than  ten  years,  nor  for  a  renewal  for  a  longer 
term  than  ten  years.  But  if  said  property  be  market  property, 
excepting  the  market  between  Sixteenth  and  Seventeenth  streets, 
east  of  Avenue  C,  the  market  in  Governeur  slip,  and  the  market 
in  Old  slip,  it  shall  not  be  sold  or  leased  unless  under  a  condition 
that  the  purchaser  or  lessee  thereof  shall  maintain  said  market 
property  as  and  for  the  purposes  of  a  public  market  for  at  least 
ten  years  from  and  after  such  sale  or  lease,  and  under  due 
ordinances  of  the  common  council  or  of  the  department  of 
health,  or  under  stipulations  in  the  deed  of  sale  or  lease.  The 
proceeds  of  said  sale  or  leasing  shall,  on  receipt  thereof,  after 
paying  necessary  charges,  be  immediately  paid  to  the  credit  of 
the  sinking  fund.  It  shall  be  lawful  for  the  commissioners  of 
the  sinking  fund  in  their  discretion,  and  they  are  hereby  em- 
powered in  such  discretion  to  cancel  any  portion  of  the  indebted- 
ness of  the  said  city  held  by  them,  which  is  by  law  redeemable 
from  the  sinking  fund,  and  to  sell  any  stocks  and  bonds  which 
they  may  hold  that  are  not  payable  from  said  fund,  and  with 
the  proceeds  of  such  sale  of  stocks  and  bonds  to  buy  any  other 
stocks  and  bonds  which  are  payable  from  said  fund. 

§  171.  The  fund  known  as  "  the  sinking  fund  of  the  city  of 
New  York  for  the  redemption  of  the  city  debt,"  shall  be  con- 
tinued, and  any  excess  there  may  be  in  said  fund,  after  provid- 
ing for  the  payment  of  the  bonds  and  stocks  of  said  city,  payable 
therefrom,  as  provided  by  law.  shall  form  a  fund  for  the  pay- 
ment of  other  bonds  and  stocks  of  said  city  and  county,  as  by 
this  chapter  provided.  All  moneys  and  revenues  of  said  city 
heretofore  pledged  and  appropriated  to  and  constituting  and 
forming  said  sinking  fund  shall  continue  to  be  and  the  same  are 
hereby  pledged  and  appropriated  to  said  fund  until  all  of  said 


COMMISSIONERS  OF  SINKING  BUND. 


ill 


bonds  ami  stocks  of  the  said  city  shall  be  fully  and  dually  re- 
deemed. 

*^  17-_\  The  fund  known  as  the  "  sinking  fund  of  the  eitv  of  J'^T^Hi^H 

<?  ~  J  fllllll  WllCII  lol)<- 

Now  York  for  the  payment  of  the  interest  accruing  and  to  SSSSSSS10 
accrue  upon  the  stocks  of  said  city,  until  the  same  he  fully  and  \]\'^., 
finally  redeemed,'' shall  he  continued,  and  after  providing  for 
the  payment  of  the  interest  on  the  bonds  and  stocks  of  said  city, 
now  payable  therefrom  as  provided  by  law,  shall  form  a  fund 
which  shalfbe  transferred  to  the  "  sinking  fund  for  the  redemp- 
tion of  the  city  debt,''  and  which  transferred  fund  is  hereby,  in 
addition  to  the  revenues  and  moneys  aforesaid,  pledged  and  ap- 
propriated to  said  last-mentioned  sinking  fund,  [until  all  the 
bonds  and  stocks  of  said  city,  as  aforesaid,  are  fully  redeemed 
and  paid. 

§  173.  All  moneys  now  in  the  treasury  of  said  citv  heretofore  i«i ch. 888 

°  *  "  *  Comp.  190. 

collected  and  received  in  payment  or  on  account-of  assessments  "'•»•■>- f >■'•>» 

*  *  ass.'ssnieiits  fiii- 

made  and  confirmed  for  local  improvements  in  said  city,  and  all  tocai  improve- 

r  *  '  merits  to  be 

monevs  which  shall  hereafter  be  collected  and  received  in  pav-  i,aid  int0 *r 

j  i    j     ueropnon  fund. 

ment  or  on  account  of  assessments  made  and  confirmed,  or 
which  may  be  made  and  confirmed,  for  local  improvements  com- 
pleted prior  to  June  third,  eighteen  hundred  and  seventy-eight, 
shall  be  paid  into  the  sinking  fund  for  the  redemption  of  the 
city  debt,  and  the  same  is  hereby,  in  addition  to  the  revenues 
and  moneys  aforesaid,  pledged  and  appropriated  to  said  sinkiug 
fund  for  the  payment  bf  the  bonds  and  stocks  of  said  city,  to 
be  paid  and  redeemed  therefrom  as  hereinbefore  provided. 

§  174.  Between  the  city  and  its  creditors,  holders  of  its  bonds  u.n. 
and  stocks  as  aforesaid,  there  shall  be  and  there  is'hereby  de- 
clared to  be  a  contract  that  the  funds  and  revenues  of  the  city  andcraiiton 
and  the  funds  to  be  collected  from  assessments  as  aforesaid,  by 
this  chapter  pledged  to  the  sinking  fund  for  the  redemption  of 
the  city  debt,  shall  be  accumulated  and  applied  only  to  the  pur- 
poses of  said  sinking  fund,  until  all  of  said  debt  is  fully  re- 
deemed and  paid,  as  herein  provided. 

§  175.  Nothing  in  this  title  contained  shall  be  held  to  require  id.  §5. 
or  authorize  the  commissioners  of  the  sinking  fund  to  use  or  notktobefuncl 
apply  any  part  or  portion  of  the  accumulations  in  said  sinking  amp^ilor 
fund  for  the  redemption  of  the  city  debt  or  the  revenues  of  said 
fund  in  any  manner  whatever,  whereby  the  security  of  said 
fund  for  the  payment  of  the  bonds  and  stocks  of  said  city,  for 
which  said  fund  is  now  pledged  by  law,  and  which  are  a  charge 
on  laid  fund,  shall  be  alienated  or  impaired,  and  the  said  bonds 
and  stocks  so  secured  by  law  are  hereby  declared  to  constitute  a 
preferred  charge  on  said  sinking  fund  until  the  same  are  fully 
and  finally  paid  and  redeemed. 

§  170.  The  commissioners  of  the  sinking  fund  are  hereby  au-  id.  $e. 


Comp.  191. 
Contract 


62 


COMMISSIONERS  OF  SINKING  KI  ND. 


Commissioner! 
may  call  In 
bonded  debt. 


(  onsolidiitrd 
stock. 


is*,  cfi. 383,  J7. 
t'omp.  191. 
Bonds  ami 
stocks  to  be 
paid  from  sink 
rag  fund. 


1880.  ch.  0.M1. 
ill. 


m-i,  ch.  m,  §3, 

Comp.  189. 
Mayor,  alder- 
men and  com- 
monalty pro- 
hibited from 
altering  rates. 


thorized  and  empowered  to  call  in,  pay,  and  rerleem  any  portion 
of  the  bonded  debt  now  a  charge  upon  the  treasury  of  the  said 
city,  other  than  revenue  honds  issued  in  anticipation  of  the 
collection  of  taxes,  when  they  may  deem  it  to  be  advantageous 
for  the  interests  of  the  city  so  to  do,  and  for  this  purpose  the 
said  commissioners  of  the  sinking  f  und  are  hereby  empowered 
to  authorize  by  a  concurrent  vote,  and  direct  the  com  pi  roller  t<> 
issue  and  sell  or  exchange  therefor,  at  not  less  than  par,  "con- 
solidated stock"'  of  said  city,  payable  within  a  period  of  not  less 
than  twenty  nor  more  than  fifty  years  froth  the  date  of  issue 
thereof,  and  at  a  rate  of  interest  not  exceeding  five  per  cent,  per 
annum,  payable  semi-annually;  and  upon  the  payment  and  re- 
demption of  any  portion  of  said  bonded  debt  the  certificates 
thereof  shall  be  canceled  by  said  commissioners.  The  "consol- 
idated stock''  of  said  city,  issued  as  by  this  section  authorized. 
after1  fully  providing  for  the  preferred  bonds  and  stocks  of  said 
city,  as  in  the  preceding  section  specified,  shall  form  a  charge 
upon  the  said  sinking  fund  for  the  redemption  of  the  city  debt, 
and  any  part  of  said  bonded  debt  falling  due  not  exchanged  for 
or  redeemed  from  the  proceeds  of  consolidated  stock  as  herein 
provided,  may  be  paid  from  said  sinking  fund  for  the  redemp- 
tion of  the  city  debt,  provided  such  payment  shall  not  in  any 
way  impair  the  preferred  claims  thereon  as  in  the  preceding  sec- 
tion specified,  and  provided  also,  the  commissioners  of  the  sink 
ing  fund  shall  deem  it  to  be  for  the  best  interests  of  the  city 
that  such  payment  should  be  so  made. 

§  177.  From  the  said  sinking  fund  for  the  redemption  of  the 
city  debt  shall  be  paid  and  redeemed  all  preferred  bonds  and 
stocks  of  said  city  for  the  payment  or  redemption  of  which  said 
fund  is  pledged,  as  aforesaid,  and  other  bonds  and  stocks  of  said 
city  as  by  this  title  authorized. 

§  178.  The  assessments  made  for  local  improvements  prior  to 
the  ninth  day  of  June,  eighteen  hundred  and  eighty,  including 
assessments  for  improvements  contracted  for  or  authorized  prior 
to  said  date,  shall,  when  collected,  be  paid  over  to  the  commis- 
sioners of  the  sinking  fund  of  said  city,  and  applied  by  them  in 
accordance  with  law. 

§  179.  It  shall  not  be  lawful  for  the  said  mayor,  aldermen, 
and  commonalty  to  make  or  cause  to  be  made  any  alteration  of 
rates  <  r  charges  affecting  any  item  or  source  of  the  revenues  of 
either  of  the  sinking  funds  of  said  city  or  of  the  general  fund 
which  may  tend  to  a  diminution  of  the  receipts  from  such  source 
of  revenue,  or  either  of  them  ;  and  all  the  revenues  of  said  cor- 
poration not  by  law  otherwise  specifically  appropriated,  shall, 
when  received  into  the  city  treasury,  be  credited  to  the  general 
fund. 


COM  MISSION' Kits  Ol'  SISKINS  I  TNI). 


68 


•  1^0.  The  commissioners  of  tin;  sinking  fund  possess  the  igBo, ci 

US'.  2- 

power,  and  they  are  authorized  to  Lease,  in  the  manner  provided  <■  ■,,,.  ,..,„  ,> 

by  law,  along  with  the  franchise  of  a  ferry  within  said  city,  such  rnvtaw  und 
wharf  property,  including  wharves,  piers,  bulkheads,  and struc-  erty.eto! 
hires  thereon,  and  slips,  docks,  and  water  fronts  adjacent  there-  p£rt^f*Srt  '" 
to,  used  or  required  for  the  purposes  of  such  ferry,  now  owned  !,\V'\uV' 
or  possessed,  or  which  may  be  hereafter  owned  or  acquired  by 
said  city,  or  to  which  the  corporation  of  said  c^ty  is  or  may  be- 
come entitled,  or  which  it  may  become  possessed.    Nothing  in 
this  section  contained  shall  be  held  to  apply  to  that  portion  of 
the  East  river  which  has,  hy  law,  been  exclusively  set  apart  for 
the  use  of  canal  boats  engaged  in  the  transportation  of  freights 
in  the  Hudson  river,  coming  to  tide- water  from  the  canals  of  the 
State. 

j>  181.  All  applications  to  lease  any  real  estate  for  the  pur-  ifflfr, eh.  wi, 
poses  of  the  mayor,  aldermen,  and  commonalty  of  the  city  of  isto,  ch.80, 
New  York,  including  the  premises  required  in  accordance  with  ia»!  mp' 
law  for  armories  and  drill  rooms  and  places  of  deposit  for  the  ^i!!.'^,' 
safe-keeping  of  arms,  uniforms,  equipments,  accoutrements,  and  \\\ '  !.?,pV-','!i "!''.!!' 
camp  equipage  of  the  National  Guard,  must  he  presented  to  and  ~"lk"'" 
passed  upon  by  the  commissioners  of  the  sinking  fund  of  said  pn.s^1!t''s"atr..t'' 
City.    It  shall  be  the  duty  of  the  comptroller,  after  due  inquiry       "f  tactB 
to  be  made  by  him,  to  present  to  the  said  commissioners  a  state- 
ment in  writing  of  the  facts  relating  to  any  real  estate  proposed 
to  be  leased,  the  purposes  for  which  such  lease  is  required  by 
the  city,  with  his  opinion,  and  the  reasons  therefor,  as  to  the 
fair  and  reasonable  rent  of  said  premises.    The  said  commis-  Commissioners 

.         .  may  authorize 

sioHers,  upon  such  report,  and  upon  such  further  inquiry  as  they  aiease 
in  their  discretion  may  make,  may  authorize  a  lease  of  such 
premises  as  shall  he  specified  in  their  resolution,  at  the  rent 
therein  set  forth,  for  a  period  not  exceeding  five  years,  but  such 
lease  shall  not  he  authorized  except  at  a  fair  and  reasonable  rent, 
and  unless  the  commissioners  are  satisfied  and  shall  so  express 
that  it  would  be  for  the  interests  of  the  city  that  a  lease  of  the 
premises  for  the  purposes  specified  should  he  made.  Without 
the  consent  of  the  said  commissioners  the  premises  leased  shall 
not  he  used  during  the  period  of  the  lease  for  purposes  other  than 
specified  in  said  resolution.  If  the  city  shall,  prior  to  the  mak- 
ing of  the  lease,  have  entered  upon  the  possession  of  the  prop- 
erty, the  lease  may  be  made  to  commence  as  of  the  date  when 
the  occupation  commenced. 

§  1S2.  The  commissioners  of  the  sinking  fund  are  authorized  i8G6.ch.B7q. 
and  directed  to  renew,  from  year  to  year,  the  lease  of  the  prem- 
ises at  Castle  Garden,  now  occupied  by  the  commissioners  of 
emigration,  upon  such  terms  and  conditions  as  maybe  mutually 
agreed  upon. 


!i,  Comp.  1079, 


COMMISSIONERS  OF  SINKING  KL'M). 


( losslon  of 
(n  ii<  In  by  city  of 
New  York  au- 
thorized, 
wo,  ch.  845,  {4, 
Comp.  itM. 


Certificate. 


Conveyance. 


ran,  ch.  ■>'<  i.  s<; 

Comp.  780. 


eh.  88,  SI, 
Comp.  Hi i. 
Commissioners 
ipf  sinking 
funds  may  sell 

certain  lands. 


Certificate  of 
sale. 


,i  1*;;.  The  commissioners  of  the  sinking  fund,  or  the  mayor, 
aldermen,  and  commonalty,  arc  authorized  to  cede,  grant,  and 
convey  to  the  United  States,  upon  such  terms,  and  for  such  con- 
sideration as  may  he  agreed  upon  by  and  between  said  commis- 
sioners of  the  sinking  fund,  or  said  mayor,  aldermen,  and  com- 
monalty, and  the  United  States,  all  the  estato,  right,  title,  and 
interest  of  the  city  of  New  York,  in  and  to  any  part  of  the  land 
required  for  the  channel  to  connect  the  waters  of  the  Harlem 
river  with  the  Hudson  Liver,  in -accordance  with  the  plans  for 
the  improvement  of  the  Harlem  river,  prepared  under  the  direc- 
tion of  the  secretary  of  war.  Whenever  any  part  of  said  land 
shall  have  heen  ceded  by  said  commissioners  of  the  sinking  fund, 
pursuant  to  the  authority  herehy  given,  it  shall  he  the  duty  of 
said  commissioners  of  the  sinking  fund,  or  a  majority  of  them, 
to  give  a  certificate  under  their  hands,  that  the  same"  has  heen 
ceded,  pursuant  to  the  provisions  of  this  section  :  and  upon  the 
production  of  such  certificate,  and  upon  proof  of  due  compli- 
ance, on  the  part  of  the  United  States,  with  the  terms  of  cession, 
it  shall  he  the  duty  of  the  mayor  of  said  city,  and  the  clerk  of  the 
common  council,  in  the  name  and  on  behalf  of  the  said  mayor, 
aldermen,  and  commonalty,  to  execute  a  proper  conveyance  of 
such  lands  under  their  hands  and  the  seal  of  said  city. 

§  184.  The  commissioners  of  the  sinking  fund  shall  perforin 
the  duties  and  possess  the  powers  with  reference  to  docks,  piers, 
and  slips,  stated  in  sections  seven  hundred  and  twelve  and 
seven  hundred  and  tifteen  of  this  act. 

§  185.  The  commissioners  of  the  sinking  fund  are  authorized 
to  sell  to  the  United  States,  upon  such  terms,  and  for  such  <son- 
sideration,  as  may  be  agreed  upon  by  and  between  said  commis- 
sioners of  the  sinking  fund  and  the  authorities  of  the  United 
States,  so  much  of  the  land  situated  in  and  belonging  to  the  cor- 
poration of  said  city,  and  immediately  adjoining  the  northerly 
side  or  boundary  of  the  laud  heretofore  conveyed  by  the  mayor, 
aldermen,  and  commonalty  of  the  city  of  New  York  to  the 
United  States,  for  a  site  for  a  post-office,  as  is  now  covered  by 
two  sidewalks,  each  one  hundred  and  three  feet  and  six  inches 
in  length  by  nineteen  feet  two  inches  in  width,  with  a  paved 
passage-way  between,  eleven  feet  and  eleven  inches  in  width, 
making  a  total  area  of  two  hundred  and  eighteen  feet  eleven 
inches  -in  length,  and  nineteen  feet  and  two  inches  in  width. 
Whenever  said  land  shall  have  been  sold  pursuant  to  the  author- 
ity hereby  given,  it  shall  be  the  duty  of  the  commissioners  of 
the  sinking  fund,  or  a  majority  of  them,  to  give  a  certificate 
under  their  hands  that  the  same  has  been  sold  pursuant  to  the 
provisions  of  this  section ;  and  upon  the  production  of  such 
certificate,  and  upon  proof  of  due  compliance  on  the  part  of  the 


COMMISSIONERS  OF  SINKING  FUND. 


United  States  with  the  terms  of  sale,  it  shall  he  the  duty  of  the 
mayor  of  said  city,  and  the  clerk  of  the  common  council,  in  the 
name  and  on  behalf  of  said  mayor,  aldermen  and  commonalty, 
to  executo  a  proper  conveyance  of  such  lands  under  their  hands 
and  the  seal  of  said  city. 

^  18t;.  The  commissioners  of  the  sinking  fund  are  authorized,  jS?^80' 
upon  the  application  of  the  hoard  of  education  dulv  authorized  Commis 
and  certified,  1o  sell  at  ])uhhc  auction  at  such  times  and  on  such  S,M  lu,"ls •" 

'  *  auction. 

terms  as  they  may  deem  most  advantageous  for  the  puhlic 
interest,  any  land  or  lands  and  the  buildings  thereon,  owned  by 
the  mayor,  aldermen,  and  commonalty  of  the  city  of  New  York, 
occupied  or  reserved  for  school  purposes,  and  no  longer  required 
therefor;  provided,  however,  that  no  property  shall  he  dis-  ftwfco  ■«  to 
posed  of  for  a  less  sum  than  the  same  may  he  appraised  at  hy 
the  commissioners  of  the  sinking  fund,  or  a  majority  of  them, 
at  a  meeting  to  he  held  and  on  an  appraisement  made  within 
one  month  prior  to  the  date  of  the  sale  ;  and  at  least  thirty 
days'  notice  of  such  sale,  including  a  description  of  the  property 
to  he  sold,  shall  he  published  in  the  City  Record.  The  money 
received  in  payment  for  the  said  lands  and  buildings  shall  be 
paid  into  the  treasury  of  the  city. 

i5  187.  The  commissioners  of  the  sinking  fund  are  authorized  «8i,  <*.  iro, 

.       .  «j§l,  2. 

and  empowered  to  lease  to  ''The  Mount  Sinai  Hospital  in  the  Lease  to 
city  of  New  York  "  a  piece  or  parcel  of  ground  belonging  to  the  iiospiui' 
city,  and  situate  on  the  block  bounded  hy  Lexington  and  Third 
avenues,  Sixty-seventh  and  Sixty-eighth  streets,  being  so  much 
of  said  block  as  said  commissioners  may  deem  proper  for  the 
erection  thereon  of  a  building  for  the  use  of  said  hospital,  such 
lease  to  be  for  a  period  of  ninety-nine  years,  at  such  nominal 
rent  as  they  may  deem  advisable,  having  in  view  the  provision 
made  by'such  institution  for  a  class  of  patients  needing  hospital 
treatment,  and  who  would  otherwise  become  a  public  charge 
upon  the  mayor,  aldermen  and  commonalty  of  the  said  city, 
Such  lease  shall  contain  a  covenant  on  the  part  of  said  corpora-  Covenant 
tion,  The  Mount  Sinai  Hospital  in  the  city  of  New  York,  that 
no  charge  whatever  shall  be  made  for  the  treatment  of  patients 
in  any  of  the  wards  of  the  buildings  to  be  erected  upon  the  said 
land. 

§  1S^.  The  commissioners  of  the  sinking  fund  are  empowered  im-  <  >'  -,; 
to  lease  to  the  German  Hospital  and  Dispensary  of  the  city  of  German 
New  York,  for  a  term  not  exceeding  ninety-nine  years  from  the  Hosp,taI 
date  of  said  lease,  the  land  situate  on  the  southeasterly  corner 
of  Seventy  seventh  street  and  Fourth  avenue,  which  was  on  the 
thirteenth  day  of  May,  eighteen  hundred  and  eighty-one,  held 
by  said  hospital  by  a  lease  from  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New  York,  upon  the  same  terms  on 


BOARD  OF  ESTIMATE  AND  Al'l'OKTlONMENT. 


which  said  lands  were  then  leased,  hut  such  lease  shall  continue 
only  so  long  as  the  same  shall  be  used  for  the  purposes  of  a 
hospital  and  dispensary,  and  for  no  other  purpose. 


l878,ch.88SilJ8, 
Comp.  172. 
Board  of  esti- 
mate ami 
apportionment 
!7  N.  Y.  548. 
10  Hun.  3-iO. 
Provisional 
estimate. 


Provisional 

estimate,  what 
to  contain. 


(Estimates  in 

detail. 


Heads  Of  de- 
partments to 
furnish  state- 
ment. 


Title  5. ^Appropriations  (mil  the  Hoard  of  hist  hunt*'  und 

.  I  pportionment. 

$  1 89.  The  mayor,  comptroller,  president  of  the  hoard  ol  alder- 
men, and  the  president  of  the  department  of  taxes  and  assess- 
ments, shall  constitute  the  hoard  of  estimate  and  apportionment. 
The  first  meeting  of  said  hoard  in  every  year  shall  he  called  by 
notice  from  the  mayor,  personally  served  upon  the  members  of 
said  board.  Subsequent  meetings  shall  be  called  as  the  said 
board  shall  direct.  At  such  meetings  the  mayor  shall  preside, 
and  one  of  the  number  shall  act  as  secretary.  The  said  board 
shall,  annually,  between  the  first  day  of  August  and  the  first  day 
of  November,  meet,  and,  by  the  affirmative  vote  of  all  the  mem- 
bers, make  a  provisional  estimate  of  the  amounts  required  to  pay 
the  expenses  of  conducting  the  public  business  of  the  city  and 
county  of  New  York,  in  each  department  and  branch  thereof, 
and  of  the  board  of  education  for  the  then  next  ensuing  financial 
year.  In  such  provisional  estimate  they  shall  include  such  sum 
as  may  be  necessary  for  the  payment  of  the  interest  on  the  bonds 
of  the  said  city  and  county  which  shall  become  due  and  payable 
within  said  year,  and  such  sum  as  shall  be  necessary  to  pay  tho 
principal  of  any  bonds  and  stocks  which  may  become  due  and 
payable  from  taxes  during  said  year,  and  also  so  much  as  may 
be  necessary  to  pay  the  proportion  of  the  State  tax  required  to  be 
paid  by  the  city  and  county  of  New  York  in  said  year.  Such 
provisional  estimate  shall  be  prepared  in  such  detail  as  to  the  ag- 
gregate sum  allowed  to  each  department  and  bureau  as  the  said 
board  of  apportionment  shall  deem  advisable.  For  the  purpose 
of  making  said  provisional  estimate,  the  heads  of  departments 
and  the  board -of  education  shall,  at  least  thirty  days  before  the 
said  provisional  estimate  is  required  to  be  made  as  herein  pro- 
vided, send  to  the  board  of  estimate  and  apportionment  an  esti- 
mate in  writing,  herein  called  a  departmental  estimate,  of  the 
amount  of  expenditure,  specifying  in  detail  the  objects  thereof s 
required  in  their  respective  departments,  including  a  statement 
of  each  of  the  salaries  of  their  officers,  clerks,  employees,  and 
subordinates.  The  same  statement  *as  to  salaries  and  expendi- 
ture shall  be  made  by  all  other  officers,  persons,  and  boards  hav- 
ing power  to  fix  or  authorize  them.  A  duplicate  of  these  depart- 
mental estimates  and  statements  shall  be  made  at  the  same  time 
to  the  board  of  aldermen.    The  board  of  estimate  and  apportion 


UTKOl'HIATIONS. 


f>7 


ment  shall  consider  such  departmental  estimates  and  other  statu 
ments  in  making  the  provisional  estimates  herein  provided,  and 
in  approving  the  salaries  of  the  officers,  clerks,  and  other  persons 
before  named.    After  such  provisional  estimate  is  made  by  the  Duplicate e«t! 
hoard  of  estimate  and  apportionment,  it  shall  be  submitted  by  t'oJmiY.'.r 
said  board,  with  their  reasons  for  it  in  detail,  within  ten  days,  to 
!  he  hoard  of  aldermen,  whereupon  a  special  meeting  of  said  hoard 
shall  be  called  to  consider  such  estimate,  and  the  same  shall 
simultaneously  he  published  in  the  City  Record;  and  it  shall  he 
their  duty  carefully  to  consider  and  investigate  the  said  provi- 
sional estimate  and  the  reasons  assigned  therefor;  but  such  con- 
sideration and  investigation  shall  not  continue  beyond  fifteen 

davs.    Anv  objections  to  or  rectifications  of  said  provisional  ( ,""»-, 

J  J       »  1  may  be  made. 

estimate  made  by  said  hoard  of  aldermen  shall  be  made  by  said 
board  in  writing,  and  transmitted  by  the  clerk  thereof  to  the 
board  of  estimate  and  apportionment,  who  shall  proceed  to  the 
consideration  of  such  objections  or  rectifications,  and  after  such 
consideration  shall  make  a  final  estimate.    Should  the  said  board 
overrule  the  objections  or  suggestions  made  by  the  board  of 
aldermen,  the  reasons  for  such  action  shall  be  published  in  the 
City  Record.    After  the  provisional  estimate  has  been  returned  i88o,cu.5ai,{5. 
by  the  board  of  aldermen  to  the  board  of  estimate  and  apportion-  iTe^arabef("r.- 
ment,  and  before  the  final  estimate  is  made,  the  said  last-men-  ^^(f8tim*teia 
tioned  board  shall  fix  such  sufficient  time  or  times  as  may  be 
necessary  to  allow  the  taxpayers  of  said  city  to  be  heard  in  regard 
thereto,  and  the  said  board  shall  attend  at  the  time  or  times  so 
appointed  for  such  hearing.    After  the  final  estimate  is  made  in  isn.oh.  ass, 
accordance  herewith,  it  shall  be  signed  by  the  members,  and  ^3^°™^^' 
when  so  signed  the  said  several  sums  shall  be  and  become  appro-  n„d  fluT"1 
priated  to  the  several  purposes  and  departments  therein  named. 
The  said  estimate  shall  be  filed  in  the  office  of  the  comptroller 
and  published  in  the  City  Record. 

§  190.  It  shall  be  the  duty  of  the  board  of  estimate  and  appor-  Replaces uume- 
tionment,  from  time  to  time,  to  provide  for  the  payment  of  the  acts  Sauthori7.- 
interest  and  principal  of  the  bonds  and  other  obligations  of  the  bonds,  and 
city,  or  for  which  the  city  is  liable,  and  also  to  provide  for  the  provisions  as  to 
payment  to  the  commissioners  of  the  sinking  fund  of  any  sums 
directed  by  special  laws  to  be  paid  to  said  commissioners  on  ac- 
count of  such  bonds  or  obligations  and  in  anticipation  of  their 
maturity,  and  to  provide  for  the  raising  of  the  money  therefor, 
in  accordance  with  such  special  laws  and  the  laws  under  which 
such  bonds  and  obligations  were  issued  or  created. 

5j  191.  Whenever  and  as  often  as  the  commissioners  of  the  i8r8_  ch  -m  .T 
sinking  fund  shall  certify  to  the  hoard  of  estimate  and  appor-  Comp-I9a 
tionment  that  the  accumulations  in  the  sinking  fund  will  not  be 
sufficient  to  meet  the  payment  of  any  bonds  or  stocks  falling  due 


68 


IPPROPBIATIOKS. 


I'roi  Ibo. 


in  the  next  following  calendar  year,  it  shall  he  the  duty  of  said 
hoard  of  estimate  and  apportionment,  and  it  is  hereby  required, 
to  include  in  the  annual  estimate  for  such  year,  to  be  raised  by 
tax  on  the  estates,  real  and  personal,  in  said  city,  subject  to  tax- 
ation, such  an  amount  to  be  applied  to  the  payment  of  said 
bonds  or  stocks  as  shall  be  certified  by  said  commissioners,  and 
the  amount  so  included  in  said  estimate  shall  be  paid  into  said 
sinking  fund  and  applied  as  in  this  section  specified  :  provided, 
however,  that  the  amount  so  to  be  raised  by  tax  and  paid  into 
the  sinking  fund,  as  in  this  section  provided,  shall  not  in  any  one 
year  be  less  than  the  sum  of  one  million  dollars,  nor  more  than 
two  million  dollars. 
1,1  «8  £  192.  For  the  payment  of  all  bonds  and  stocks  of  the  said 

mentof°tito3oB  city  issued  after  June  third,  eighteen  hundred  and  seventy-eight, 
after  issu.-d.     pursuant  to  the  provisions  of  any  statute  authorizing  the  same, 

how  rais<-<l.        *r  ,  .  ..  *       .  .  > 

and  which  by  the  provisions  ot  such  statute  are  payable  from 
taxation— other  than  revenue  bonds  issued  in  anticipation  of 
the  collection  of  taxes — there  shall  be  included  in  the  annual 
estimate  each  year,  to  be  raised  by  tax  on  the  estates,  real 
and  personal,  in  said  city,  >ubject  to  taxation,  a  sum  sufficient, 
with  the  accumulation  of  interest  thereon,  to  meet  and  dis- 
charge the  amount  of  said  bonds  or  stocks  by  the  tiiue  the  same 
shall  be  payable  as  such  sum  shall  be  be  certified  to  the  said 
hoard  of  estimate  and  apportionment  by  the  comptroller,  and 
which  sum  so  raised  by  tax  shall  be  paid  annually,  on  the  first 
day  of  November,  to  the  commissioners  of  the  sinking  fund,  and 
shall  be  invested  by  them  in  the  same  manner  as  the  revenues 
pledged  to  the  sinking  fund  for  the  redemption  of  the  city 
debt. 

ism, «*: G5*.         §  19S.  If  a  nnal  judgment  for  a  sum  of  money,  or  directing 
lmiy  of  board   the  payment  of  money,  shall  have  been,  or  shall  hereafter  be 
apDortiommm?  recovered  against  said  city,  and  the  same  remains,  or  shall  here- 
to j>ay  final      after  remain  unpaid,  and  the  execution  thereof  is  not,  or  shall 
not  be  stayed  as  required  by  lav,-,  or  if  so  stayed,  the  stay  has 
expired,  or  shall  hereafter  expire,  it  shall  be  the  duty  of  the 
board  of  estimate  and  apportionment,  and  the  said  board  is  here- 
by empowered  to  assess,  levy,  and  cause  to  be  collected  at  the 
same  time  and  in  like  manner  as  other  moneys  for  the  necessary 
Levy  to  be  in    expenses  of  the  city  are  then  next  thereafter  to  be  assessed, 
amount  author-  levied,  and  collected,  and  in  addition  to  the  moneys  now  author- 
1    '     ized  by  law  to  be  assessed,  levied,  and  collected  for  that 
purpose,  a  sum  of  money  sufficient  to  pay  the  said  judg- 
ment, with  the  interest  thereupon,   and  the  fees  and  ex- 
penses chargeable  by  law  upon  the  execution,  if  any,  issued 
to  collect  the  same.     The  moneys  so  assessed  and  levied  as 
soon  as  collected  and  paid  to  the .  proper  receiving  and  dis 


ANNUAL  IPPR<  H'K'I  A  TlONs. 


69 


bursing  officer'or  officers,  or  so  much  thereof  as  may  he  lieces-  #on»tpi» 
sary,  shall,  from  time  to  time,  be  paid  by  him  or  them  to  the  men t creditor 
judgment  creditor,  administrator,  or  assignee,  or  other  person 
entitled  to  'receive  the  same  by  reason  of  the  said  judgment, 
without  any  deduction  for  his  or  their  Ices  or  commissions.  No 
restriction  or  limitation  imposed  bv  law  as  to  the  sum  to  be  Limitation  us  t<. 

*  ^  aiiuniiit  shall 

raised  in  any  year  shall  apply  to  the  moneys  to  be  raised  for  the  »<>tappi>  to 

J   J  <>  moneys  to  Im' 

purposes  specified  in  this  section  ;  but  the  said  moneys  shall  be  J'j'j^J.^6* 
raised  in  addition  to  any  sum  so  restricted  or  limited. 

l'.H.  The  board  of  estimate  and  apportionment  shall  annu- 
ally include  in  its  final  estimate  the  following  sums,  which  shall 
annually  be  raised  and  appropriated  : 

First — Such  sum,  not  exceeding  five  hundred  thousand  dol-  comjMsi!*  11 
lars  in  any  year,  as  shall  be  included  in  the  estimate  of  the  de- 
partment of  public  works  to  be  expended  in  repaving  such 
streets,  avenues  and  public  places  in  said  city  as  shall  be  certi- 
fied to  the  board  of  aldermen  by  the  commissioner  of  public 
works  as  required  to  be  repaved  for  the  safety,  health,  or  con- 
venience of  the  public,  and  as  said  board  of  aldermen  shall  by 
ordinance  or  resolution  direct. 

■Second — Such  .sum,  not  exceeding  two  hundred  and  fifty  ins,  cih  an,  is, 
thousand  dollars,  as  said  board  may  deem  necessary  in  the  inter- 
est of  the  city,  to  he  expended  by  the  commissioner  of  public 
works,  when  thereto  authorized  by  the  common  council,  accord- 
ing to  law,  in  extending  and  enlarging  the  distribution  of  water 
through  the  city. 

Third — AM  necessary  sum  or  sums  of  money  for  the  purpose  isr.'»,  ch.  asp,  $s, 

.1  ■  i    U  -  A*  Comp.  1463. 

ot  paying  the  expense  incurred  by  any  coroner,  in  accordance 
with  law,  in  employing  scientific  experts,  engineers,  and  toxi- 
eologists. 

Fourth — The  amount  fixed  by  said  board  for  clerk  hire  and  ins, «*. aw.  is. 
contingent  and  incidental  expenses  of  the  office  of  the  com- 
missioner of  jurors,  but  not  exceeding  six  thousand  dollars  per 
annum. 

Fifth.  —The  sum  of  fifteen  thousand  dollars  to  be  paid  to  the       <-h  •->:.  > 

.     _      .  r       %  it  Comp.  1207. 

trustees  of  the  Seventh  Regiment  new  armory  fund,  or  their  to  trustees  of 
successors,  as  an  equivalent  and  in  lieu  of  a  rental  for  an  armory  mem  in  lieu  of 

,  .  ,         .  u  J    rental,  etc. 

for  said  regiment,  and  to  be  paid  m  semi-annual  sums  of  seventy-  now  applied, 
five  hundred  dollars  each,  which  shall  be  used  by  them  in  pay-  ^SSonaSS 
ing  the  interest  or  principal  of  the  bonds  issued  by  said  regiment  c£££en,st0 
under  chapter  fifty-seven  of  the  laws  of  eighteen  hundred  and 
seventy-nine.    Provided,  however,  that  the  said  appropriation 
and  payments  shall  cease  when  all  the  bonds  issued  by  the  regi- 
ment for  completing  and  furnishing  its  new  armory  have  been 
fully  paid,  or  by  conformity  with  said  act  would  have  been  paid; 


ANNUAL  APPROPRIATIONS. 


1873,  cb.  429.  55, 
Comp.  1200, 1203, 
1870,oh.  80.  $120, 
ns  amended. 
1875,cli.  2-23.  $34 
Comp.  1203. 
1809,  ch.  595,  52 
Comp.  5J7. 


1875,  eli.  404,  $2, 
Comp.  305. 


1879,  ch.  504.  54. 
Tenement 
house  fuml. 

See  soot*. 


1872,  ch.  075. 
$91,  Comp.  681. 
Election 
expenses. 


IV,:,.  eh.  575,  62: 
1875,  eh.  414.  $1. 
Comp.  127-1. 


1880,  ch.  588,  58. 
Night  medical 
service. 


1880,  ch.  168,  $1 
Bridges  over 
Bronx  river. 


1880.  eh.  579.  51. 


1875,  ch.  004,  §4, 
Comp.  1599. 
1880.  ch.  403,  §4. 


1880.  ch.  392,  51. 


1874,  ch.  6.50. 
SSI,  2,  Comp. 
1206. 


and  such  annual  appropriations  shall  not  in  any  event  he  made 
for  a  period  heyond  fifteen  years. 

Sixth. — The  sum  or  sums  authorized  to  be  expended  in  ac- 
cordance with  law  for  the  purchasing  and  leasing  of  lands  and 
the  erection  or  leasing  of  buildings  for  armories  and  drill-rooms. 

Seventh. — The  amount  necessary  for  the  maintenance  of  the 
meteorological  and  astronomical  observatory,  museum  of  natu- 
ral history  and  gallery  of  art,  and  the  buildings,  instruments, 
and  equipments  thereof  in  the  Central  park,  not  exceeding,  bow- 
ever,  thirty  thousand  dollars. 

Eighth. — Such  sum,  not  exceeding  twenty  thousand  dollars, 
as  is  included  in  the  departmental  estimates  submitted  to  it  by 
the  department  of  public  charities  and  correction,  to  be  applied 
to  the  relief  of  poor  adult  blind  persons. 

Ninth. — The  sum  of  ten  thousand  dollars  to  the  credit  of  the 
health  department,  to  be  known  as  the  tenement  house  fund,  to 
be  expended  by  the  board  of  health. 

Tenth. — Such  sum  as  is  necessary  to  pay  the  expenses  of  the 
registration  and  revision  of  registration  required  by  law,  and  of 
all  elections  held  in  said  city  during  the  year. 

Eleventh. — Such  sum  as  may  be  necessary  to  pay  the  compen- 
sation payable  according  to  law  to  justices  of  the  supreme  court 
from  judicial  districts  other  than  the  first  judicial  district,  who 
hold  court  in  the  city. 

Twelfth. — The  amount  necessary  for  the  suppoit  of  the  night 
medical  service;  but  in  no  case  shall  the  sum  so  appropriated 
exceed  three  thousand  dollars  for  any*  one  year. 

Thirteenth. — To  pay- the  proportion  of  expense  chargeable  to 
the  city  for  the  building,  maintenance,  and  repair  of  the  public- 
bridges  over  the  Bronx  river,  between  the  city  and  county  of 
New  York  and  the  county -of  Westchester,  which  are  now  built, 
or  which  may  hereafter  be  built. 

Fourteenth. — The  amount  necessary  to  pay  the  expense  of 
procuring  and  preparing  surveys  and  maps  for  commissioners 
of  estimate  and  assessment,  appointed  in  any  proceeding  to 
op?n  any  street,  avenue,  or  public  park  or  place. 

Fifteenth. — The  sum  apportioned  to  said  city  for  its  propor- 
tion of  the  salary  of  the  shore  inspector,  so  called,  and  of  the 
expenses  incurred  by  him  in  pursuance  of  law. 

Sixteenth. — The  sum  necessary  to  pay  the  salaries  of  the 
janitors  of  the  district  courts. 

Seventeenth. — Such  sum  as  is  necessary  for  defraying  the  ex- 
penses incurred  by  virtue  of  sections  ten  hundred  and  ninety- 
three,  ten  hundred  and  ninety-four  and  ten  hundred  and  ninety- 
five  of  this  act. 


\  N  N I '  A  I .  UTIMM'IMATIONS. 


Eighteenth.    Such  sum  as  maybe  necessary  to  pay  the  ex-  j«i,oh.7w,i«. 

a  J  1880,  ch.  887,  ft 

penses  of  the  police  courts  and  the  hoard  of  police  justices  in- 

curred  in  accordance  with  law.  and  the  salaries  of  the  clerks,  in-  ]™'-~>- 

terpreters  and  stenographers  of  the  court  of  general  sessions,  "  Daily  Regu 

.  .  ,  .         .  ,  -iii  t**r " ni"' 

appointed  in  accordance  with  law.  library, 

Nineteenth.  —-Such  sum  as  may  he  necessary  to  provide  for  com^jaer 

the  coni})ilation  and  publication  of  the  registry  of  voters.  ttoueecourta, 

Twentieth.    Such  sum  as  may  he  required  hy  the  trustees  of  wo.  eh.  \w.  y: 

-  Coin]).  13!W. 

t he  College  of  the  Citv  of  New  York,  pursuant   to  section  ten  ]:'•'•■  ,n  «"••'• 

D  -  '  1  Comp.  l.i'M. 

hundred  and  fiftv-nine.  i86!' ch-$3 ,2' 

J  as  amended 

Turn  t  y -first. — The  sums  necessary  to  make  the  following  de-  ommtm^-^ 
scribed  payments,  namely: 

1.  To  the  American  Female  Guardian  Society,  for  the  main-  iVmnil,!!!''' 
tenance  of  each  girl  under  the  age  of  fourteen,  and  each  hoy  s'"'i,,,v 
under  the  age  of  ten  years,  committed  to  such  society  by  any 
magistrate  in  the  city  of  New  York,  the  sum  of  two  dollars  per 

week  for  each  and  every  week  until  such  child  is  discharged  or 
removed  from  the  institution  of  such  society. 

2.  To  the  American  Female  Guardian  Society  twenty-five  J*;m  ^'j-^ 
thousand  dollars,  to  he  applied  to  the  support  of  the  industrial 
schools  and  other  charitable  work  of  the  said  society. 

3.  To  the  New  York  Society  for  the  Relief  of  the  Ruptured  im,  ch.  885,  |i, 
and  Crippled,  the  sum  of  one  hundred  and  fifty  dollars  for  the  sum 'to  i>e  paid 
support  of  every  crippled  child  received  and  retained  in  their  eachcbMn 
hospital,  for  one  year,  and  a  proportionate  sum  for  a  shorter  pitai  °* 
period. 

4.  To  the  New  York  Infirmary  for  Women  and  Children,       <-h- J0}-  v- 

J  '    Comp.  1813. 

t  wenty-five  dollars  for  each  homeless  or  needy  mother  who  has  re-  Homeless  ami 

ceived  care  and  attendance  in  the  lying-in  wards  of  the  New  York  compensation. 

Infirmary  for  Women  and  Children,  for  such  care  and  obstetric 

attendance;  and  the  further  sum  of  eighteen  dollars  per  month, 

and  proportionately  for  any  fraction  of  a  month,  for  each 

mother  thus  domiciled  and  attended  at  the  birth  of  her  child, 

and  for  each  homeless  or  needy  mother  with  a  nursing  infant  Id.  for  those 

who  resides  at  said  infirmary  at  the  request  of  or  by  permission  «wn  Santa 

of  its  officers,  and  wet-nurses  her  own  infant,  provided  such 

residence  shall  exceed  the  period  of  two  months,  but  the  said  Monthly  aiiow- 

^  '  ance  of  $IS  not 

monthlv  allowance  of  eighteen  dollars  shall  not  be  paid  for  a  to  continue  for 

»  °  1  more  than  one 

longer  period  than  for  one  year,  for  any  mother  so  remaining  vear 
continuously. 

.">.  To  the  Children's  Fold,  of  the  city  of  New  York,  the  sum  1874, ch. jot  js' 

'  Comp.  1780. 

of  two  dollars  per  week  for  each  and  every  orphan,  half-orphan 
and  destitute  child  received  and  supported  by  said  institution, 
the  expense  of  whose  support  is  not  paid  by  private  parties. 

»i.  To  the  Union  Home  and  School  for  the  Education  and  M70,ch.  m,  |i, 
Maintenance  of  the  Children  of  Volunteers,  the  sum  of  one 


72 


ANNUAL  Al'I'KOI'MATIONS. 


1873,  ch.  113, 
C'omp.  178!». 
Union  Home 
and  school. 


1870,  ch.  169,  |8, 

(c,lri|i  1780. 


18(55,  ch.  70,  SI. 
Comp,  1782. 
( 'hlMivn's  Aid 
Society . 
18*37,  Ch.  103,  §1, 
Comp.  1782. 


1871,  cli.  180,  til. 

Comp.  1783. 


1871,  ch.  844.  SI, 
Com]).  177'.!. 
Foundling  Asy- 
lum. 

1877,  ch.  43,  $2, 
Com]).  1780. 
Compensation 
[or  maintaining 
needy  women, 
etc. 

See  1872,  ch. 
035,  §13. 
1800,  ch.  860,  SI. 
as  amended 
1874.  oh.  848,  Si. 
Comp.  1774. 
Nursery  and 

Child's  Hospi 

tal. 


1863,  ch.  106,§22, 
as  amended 
1876,  ch.  213, 
and  1877,  ch.  90, 
SI,  Comp.  17^2. 
Infant  Asylum 


hundred  and  fifty  dollars  per  annum,  and  in  like  proportion  for 
any  fraction  of  a  year,  for  each  and  every  destitute  child  re- 
ceived from  said  city  which  may  be  supported  and  maintained 
by  said  institution. 

7.  To  the  New  York  Institution  for  the  Blind,  fifty  dollars 
for  each  State  pupil  sent  to  and  received  in  the  said  institution 
from  said  city,  whose  parents  or  guardians  shall,  in  the  opinion 
of  the  superintendent  of  public  instruction,  be  unable  to  furnish 
them  with  suitable  clothing,  to  be  by  it  applied  to  furnishing 
such  pupils  with  suitable  clothing  while  in  said  institution. 

8.  To  the  Children's  Aid  Society,  the  sum  of  ten  thousand 
dollars  for  the  uses  and  purposes  of  said  society. 

And  also  the  sum  of  thirty  thousand  dollars  to  be  applied  to 
the  care  and  education  in  the  industrial  schools  of  said  city,  of 
destitute  children  not  attending  the  common  schools  in  the  city 
of  New  York. 

And  also  the  sum  of  thirty  thousand  dollars  to  be  applied  to 
the  support  of  the  Boys'  and  Girls'  Lodging-houses  of  the  said 
Society. 

9.  To  the  Foundling  Asylum  of  the  Sisters  of  Charity,  at  the 
rate  of  thirty-eight  cents  per  day  for  each  and  every  foundling 
or  infant  received  and  maintained  by  them. 

And  also  for  each  and  every  homeless  and  needy  mother 
with  a  nursing  infant,  who  shall  reside  at  the  asylum  by  request 
of  its  officers,  and  nurse  her  own  infant,  the  sum  of  eighteen 
dollars  per  month. 

10.  To  the  Nursery  and  Child's  Hospital  the  sum  of  five  dol- 
lars per  week  for  every  destitute  woman  admitted  into  its  lying- 
in  wards,  according  to  the  time  of  the  said  woman's  continuing 
under  the  care  of  the  said  institution,  and  the  further  sum  of 
ten  dollars  per  month  for  each  and  every  child  born  in  the  insti- 
tution or  supported  and  maintained  by  said  institution,  when- 
ever it  may  be  necessary  or  expedient  to  place  said  child  in  the 
country,  or,  for  want  of  room  in  the  institution, 'to  find  accommo- 
dation for  it  elsewhere;  and  also  the  sum  of  ten  dollars  per  month 
for  all  children  received  and  retained  in  the  Nursery  and  Child's 
Hospital  in  the  city  of  New  York,  and  in  like  proportion  for  any 
fraction  of  a  year  for  each  and  eveiy  destitute  child  which  may 
be  supported  and  maintained  in  "said  institution. 

11.  To  the  New  York  Infant  Asylum  a  sum  of  money  at  the 
rate  of  thirty-eight  cents  per  day,  in  monthly  payments,  for  each 
and  every  child  received  and  maintained  by  said  asylum  ;  a 
further  sum  of  twenty-five  dollars  for  each  homeless  or  needy 
mother  who  receives  care  and  attendance  in  the  lying- 
in  wards  of  the  asylum ;  the  further  sum  of  eighteen 
dollars    per   month,    and  proportionately  for  any  fraction 


ANNUAL  APPROPRIATIONS. 


—  o 
I  •» 


of    a    month,    for    oacli    homeless    or   need\    mother   who  HomeieM  and 

'  ^  .  IK-t'dv  Illotlll-IH. 

is   domiciled    in  the  asvlum   and  attended  at   the    hirth   of  i-rovfaioafor 

J  _  %  iniiinti'imnri' 

her  child,  and  resides  at  the  asylum  by  the  request  of  its  ofli- 
cers,  and  wet-nurses  her  own  infant;  and  for  each  other  home- 
less or  needy  mother  "with  a  nursing  infant  who  resides  at  the 
asylum  by  the  request  of  its  officers  and  wet-nurses  her  own  in- 
fant; provided,  however,  that  in  each  case  such  residence  must 
exceed  the  period  of  two  months,  and  that  said  monthly  allow- 
ance shall  not  be  paid  for  a  longer  period  than  for  one  year  for 
any  mother  so  remaining. 

1 2.  To  the  Shepherd's  Fold  of  the  Protestant  Episcopal  Church  isn,  ch.  «a  i 
in  the  State  of  New  York',  the  sum  of  five  thousand  dollars,  to  shipherd'8 
be  applied  to  the  purposes  and  objects  of  said  corporation. 

13.  To  the  New  York  Catholic  Protectory,  yearly,  the  sum  of  < C'.:,',:;p lliroir' s'" 
one  hundred  and  ten  dollars  per  capita,  on  the  average  number  (1^',i,',i1<1 • 
of  persons  annually  maintained  in  its  institution;  the  average  »■'••"<•<  ■"»  •> 
number  of  persons  thus  maintained  shall  be  ascertained  by  the 
examination  and  testimony,  under  oath,  of  the  president  or  sec- 
retary of  said  society. 

14.  To  the  Hebrew  Benevolent  Society  of  the  city  of  New  la^ph.sxe.frt, 
York,  one  hundred  and  ten  dollars  per  annum,  and  proportion- 

ately  for  any  fraction  of  a  year,  for  each  orphan,  half-orphan,  Hebrew  so- 


ciety 


and  indigent  child  committed  or  intrusted  to  its  care  in  pursu- 
ance of  the  provisions  of  law. 

15.  To  the  New  York  Juvenile  Asylum,  one  hundred  and  i85i.cn.  882,  $28 
ten  dollars  per  annum,  and  proportionately  for  any  fraction  of  a  i^.ch.Vsi 
year,  for  each  child  which,  by  virtue  and  in  pursuance  of  the  uwuh-s*},  $9 
provisions  of  chapter  three  hundred  and  thirty-two  of  the  laws  of  juvenile  Asy- 
eighteen  hundred  and  fifty-one,  as  amended  by  laws  of  eighteen 
hundred  and  fifty-eight,  chapter  forty-three,  laws  of  eighteen 
bundled  and  sixty-three,  chapter  ninety-four,   and  laws  of 
eighteen  hundred  and  sixty-six,  chapter  two  hundred  and  forty- 
five,  shall  be  intrusted  or  committed  to  the  said  asylum,  and 
shall  be  supported  and  instructed  therein. 

lti.  To  the  Roman  Catholic  House  of  the  Good  Shepherd,  i867,ch.409,  si, 
monthly  payments  at  the  rate  of  one  hundred  and  ten  dollars  |[,'''^„f  <;',„, ,, 
per  annum  for  each  female  between  the  ages  of  fourteen  and  ShePherd 
twenty-one,  committed  to  it  by  any  magistrate  in  accordance 
with  chapter  four  hundred  and  nine  of  the  laws  of  eighteen  hun- 
dred and  sixty-seven. 

17.  To  the  Magdalen  Female  Benevolent  Asylum  and  Home  iser,  ch. «»,  |i, 
for  Fallen  Women,  monthly  payments  at  the  rate  of  one  hundred    mp  1111 
and  ten  dollars  per  annum  for  each  female  between  the  ages  of  ium.  * "  As> 
fourteen  and  twenty-one  years,  committed  to  it  by  any  magis- 
trate in  accordance  with  said  last-mentioned  law. 


n 


VN.VCAI.  AIM'HOI'KIATIONS. 


I80T,  ch.  4011,  SI. 
Domp.  mi. 
House  of 

Mercy. 


1880,  Oh.  5I>7,  $1. 
House  of  In- 
dustry 


1H80,  Ob.  598,  $3., 
Association  for 
i  Ihildren. 


1ST."),  eh.  981,  H 

<  lomp.  ITU. 


i ch.22lj|l, 
'.!,  Comp.  1T5. 
Annunl  aid  and 
support  of  the 
poor. 

Payment  to 
charitable 

institutions 


Appropriations 
to  charitable 
institutions. 


Payment  per 
capita 


1880.  ch.  58V, 
SSL  3. 

Board  of  esti- 
mate to  audit 
charges  against 
city  for  cost, 
etc. 


18.  To  the  P  rote  stunt  Episcopal  House  of  Mercy,  monthly 
payments  at  the  rate  of  one  hundred  and  ten  dollars  per  annum 
for  each  female  between  the  ages  of  fourteen  and  twenty-one 
years,  committed  to  it  hy  any  magistrate  in  accordance  with 
said  last-mentioned  law. 

lit.  To  the  Five  Points  House  of  Industry  the  sum  of  fifty- 
two  dollars  per  year  for  each  and  every  orphan,  half -orphan,  and 
destitute  child,  not  exceeding  two  hundred  children  in  any  one 
year,  received  and  supported  by  said  institution  for  each  year, 
the  expense  of  whose  support  is  not  paid  by  private  parties,  and 
in  the  same  proportion  for  the  part  of  a  vear. 

20.  To  the  Association  for  Befriending  Children  and  Young 
Girls,  a  per  capita  allowance  of  one  dollar  a  week  for  each  female 
hy  it  rescued,  supported,  instructed,  and  trained  to  useful  em- 
ployment. 

21.  Such  other  sum  or  sums  as  are,  or  may  be  by  law,  di- 
rected to  be  raised  and  paid  for  charitable  purposes,  or  to  private 
or  incorporated  societies,  associations,  asylums,  hospitals,  cor- 
porations, institutions,  protectories,  homes  or  schools. 

£  195.  The  board  of  estimate  and  apportionment  shall  include 
in  their  annual  estimates  such  amounts  as  they  may  consider 
necessary  in  aid  and  support  of  the  poor,  and  appropriate  and 
pay  such  proportion  thereof  as  they  may  deem  necessary  or 
proper  to  the  various  charitable  or  reformatory  institutions  in 
said  count}',  in  aid  and  support  of  the  poor  of  such  county,  who 
are  cared  for  or  supported  in  and  by  such  institutions.  No  ap- 
propriation or  payment  shall  be  made  to  any  charitable  institu- 
tion by  the  board  of  estimate  and  apportionment  under*this  sec- 
tion except  to  institutions  to  which  such  board  was,  during  the 
year  eighteen  hundred  and  seventy-four,' authorized  to  appro- 
priate and  pay  moneys  in  aid  and  support  of  the  poor  cared  for 
or  supported  therein  or  thereby,  nor  shall  any  payment  be  made 
to  any  such  institution  thereunder  in  excess  of  the  amount 
authorized  to  be  paid  to  it  by  such  board  during  said  year,  ex- 
cept in  cases  where  such  payment  has  been  made  to  an  institu- 
tion, per  capita;  in  which  latter  case  no  greater  amount  shall  be 
appropriated  to  it,  per  capita,  than  is  authorized  to  be  made  to 
such  institution  by  existing  laws.  » 

§  19G.  The  board  of  estimate  and  apportionment  is  hereby 
authorized  and  directed  to  audit  and  allow  as  charges  against 
the  city  the  reasonable  costs,  counsel  fees  and  expenses  paid  or 
incurred,  or  which  shall  hereafter  be  paid  or  incurred,  by  any 
police  commissioner  who  shall  be  a  successful  party  in  any  pro- 
ceeding to  remove  a  police  commissioner  from  office,  or  to  re- 
view or  prohibit  any  such  removal  or  to  obtain  possession  of  the 
office  of  police  commissioner.   The  board  of  estimate  and  appor- 


ANNUAL  Atfl'KOl'KIATIONS.  fO 

tionment  is  hereby  authorized  and  directed  to  cause  to  lie  in-  vm..um 

*  .  .         incliiclffl  In  tn\ 

eluded  in  the  taxes  to  he  levied  and  raised  for  the  year  following 
such  audit  upon  the  estate  subject  to  taxation  in  said  city  and 
county,  an  amount  sufficient  to  pay  the  revenue  bonds  directed 
to  be  issued  by  the  said  comptroller  in  anticipation  of  the  collec- 
tion of  the  said  taxes,  with  all  interest  due  or  to  become  due 
thereon. 

§  197.  The  board  of  estimate1  and  apportionment  shall  annu-  J^m^SS^*17, 

ally  include  in  the  estimate  of  the  amounts  necessary  to  pay  the  ' HJjjj' '' '.,,!," »" 

expenses  of  conducting  the  business  of  the  department  of  public  Map* ..ran 
"  °  r  i  nexed  district 

parks  such  sum  or  sums  of  money  as  shall,  in  the  judgment  and 
discretion  of  said  board,  be  necessary  to  carry  on  the  work  of 
making  maps  of  the  territory  constituting  the  Twenty-third  and 
Twenty-fourth  wards  for  the  use  of  the  department  of  taxes  and 
assessments. 

§  198.  In  case  of  injury  or  damage  to  the  New  York  and  jp>,  th.  aoo,  js. 

°  i  COmp.  1838. 

Brooklyn  Bridge  one  third  of  the  necessary  means  to  repair  and  injury  to 
restore  the  same  shall  be  paid  by  the  city  of  New  York,  and  such  Bridge, 
sum  shall,  if  necessary,  be  raised  by  the  issue  of  bonds.    On  the  comp^i^ 
completion  of  the  New  York  and  Brooklyn  Bridge,  one-third  of 
the  income  derived  from  it  shall  be  applied  towards  the  pay- 
ment of  the  principal  and  interest  of  all  bonds  issued  for  its  con- 
struction by  the  city  of  New  York. 

§  199.  The  amount  raised  by  assessment  pursuant  to  the  pro-  i^ac^t^iow 
visions  of  chapter  one  hundred  and  ninety-one  of  the  laws  of  gjbeproWaed 
eighteen  hundred  and  eighty  shall  be  collected  and  paid  into  the 
city  treasury,  and  applied  toward  the  payment  of  revenue  bonds 
issued  under  said  chapter.  If  any  deficiency  shall  arise  from 
aiiy  cause,  and  a  sufficient  amount  shall  not  be  realized  from 
such  assessment  to  pay  fifty  thousand  dollars  of  the  revenue 
bonds  issued  pursuant  to  said  chapter,  with  the  interest  thereon, 
such  deficiency  shall  be  provided  for  by  the  board  of  estimate 
and  apportionment,  by  including  the  same  in  the  annual  appro- 
priation first  made,  after  the  amount  of  such  deficiency,  if  any. 
shall  be  ascertained. 

§  200.  It  shall  be  the  duty  of  the  board  of  estimate  andappor-       eh- is 
tionment  to  .fix  the  salaries  to  be  paid  to  the  clerks  and  other  cierksof  oom- 
employees  in  the  office  of  the  commissioner  of  jurors,  provided  "nro!°nerso 
the  total  amount  allowed  for  clerk  hire  and  contingent  and  inci- 
dental expenses  shall  not  exceed  six  thousand  dollars  per  anmim: 
and  said  board  shall  annually  include  the  amount  so  fixed  in  its 
final  estimate. 

§  201.  It  shall  be  the  duty  of  said  board  from  time  to  time  as  ibts,  ch.8GC,  h 
it  may  determine  to  fix  the  salary  to  be  paid  to  the  coroners'  coronet 
physicians,  but  such  salary  shall  not  exceed  the  sum  of  three  phy8iciftns 
thousand  dollars  a  year. 


« 


\  N  MAI.  AlMMtOI'WIATlONS. 


1873,  i-i  i. :«:.. 
SH7,  Comp,  98. 

Salaries  of 
ofllccrs. 

•18  How.  238  ;  6 
fd.  486:  67  N.  V 
ai;67N.Y.88. 


ihmi,  ch.;wi.s:.. 
Statement  of 

names  ..I  |  >•  - 1 - 
sons  not  w  Ithin 
a  deportment 
employed  i>y 
city. 

I873,cli.335.$ll2, 
as  amended 
1878,  ch.767,  $20, 
c'<>.  civ.  Proc., 

$791. 

Comp.  103,  171. 

Mny  authorize 
issue  of  stocks 
and  bonds. 


Appropria- 
tions, now 
transferred. 
See  1871.  eli 
308,  ti'.'. 


Repeal  of  cer- 
tain provisions. 


Appropriation 
for  prevention 
of  contagious 
diseases. 
1881.  eh.  -MC.  §1. 


Amount 
limited 


§  202.  The  salaries  of  all  officers  paid  from  the  city  treasury 
whose  offices  existed  on  April  thirtieth,  eighteen  hundred  and 
seventy-three,  hut  are  not  embraced  in  any  department,  shall  he 
fixed  by  the  board  of  estimate  and  apportionment.  Such  board 
may,  by  a  majority  vote,  reduce  any  such  salaries,  but  shall  not 
increase  the  salary  of  any  office  the  compensation  of  which  then 
exceeded  three  thousand  dollars. 

§  203.  The  board  of  estimate  ami  apportionment  shall  file 
with  the  final  estimate  during  the  month  of  December  in  each 
year  a  schedule  of  the  names  of  all  persons  not  within  a  depart- 
ment employed  under  the  city  government,  the  designation  of 
their  offices  and  employments  respectively,  and  the  salaries  and 
compensation  fixed  for  each,  which  said  schedule  shall  be  pub- 
lished in  the  City  Record. 

§  20-!  .  The  board  of  estimate  and  apportionment  may,  at  any 
time,  as  occasion  may  require,  by  the  affirmative  vote  of  three 
members,  authorize  the  issue  of  any.  stocks  or  bonds  for  the  pur- 
pose of  withdrawing  or  taking  up  at  maturity  any  stocks  or 
bonds  outstanding:  but  the  said  bonds  or  their  proceeds  shall  be 
applied  exclusively  to  the  payment,  purchase,  and  extinction  of 
such  maturing  bonds  in  such  manner  that  the  aggregate  of  the 
stocks  or  bonds  of  said  city  outstanding  shall  not  be  increased 
thereby  for  a  longer  period  than  is  necessary  in  effecting  said 
change.  The  said  board  of  estimate  and  apportionment  may,  from 
time  to  time,  by  the  affirmative  vote  of  three  members,  authorize 
the  issue  of  the  whole  or  any  portion  of  any  stock  or  bonds 
which  are  now  by  law  authorized  to  be  issued,  upon  compliance 
with  the  provisions  of  law  authorizing  them.  The  said  board  of 
estimate  and  apportionment  may,  from  time  to  time,  on  the  ap- 
plication of  the  head  of  any  department,  authorize  the  transfer, 
from  one  bureau  or  purpose  to  another  in  the  same  department, 
of  any  sum  theretofore  appropriated  for  the  purpose  of  such  de- 
partment or  bureau.  All  provisions  of  law  enacted  prior  to 
April  thirtieth,  eighteen  hundred  and  seventy-three,  creating  any 
board  of  apportionment  and  audit,  or  either,  and  providing  for 
and  requiring  an  audit  and  allowance  of  claims  by  said  board, 
are  repealed. 

§  205.  For  the  prevention  of  dangers  from  contagious  or 
infectious  diseases  found  to  exist  in  any  part  of  the  city,  or  for 
the  care  of  persons  exposed  to  danger  from  contagious  or  in- 
fectious diseases,  the  board  of  estimate  and  apportionment  may 
appropriate  to  the  use  of  the  health  department  money  in  excess 
of  the  annual  estimate  and  appropriation  for  any  year  to  the 
amount  that  shall  be  declared  necessary  for  such  j^urpose  by  reso- 
lution of  the  board  of  health  ;  not  however  to  exceed  in  the  ag- 
gregate the  sum  of  fifty  thousand  dollars  in  excess  of  such  annual 


TRANSFER  OJP  APPROPRIATIONS. 


appropriation,  and  it'  any  sum  or  sums  of  money  shall  he  so  ap- 
propriated hy  said  hoard  of  estimate  and  apportionment  in  any 
year  prior  to  the  date  of  the  certiiieate  of  the  comptroller  to  the 
hoard  of  aldermen  of  the  aggregate  amount  of  the  final  esti- 
mate for  such  year,  the  amount  thereof  shall  he  added  to  such 
final  estimate  and  included  in  the  tax  levy  in  such  year.  • 

§  200.  The  hoard  of  estimate  and  apportionment  shall  innne- 
diately  alter  its  receipt  appropriate  to  the  hoard  of  education  for  tob^wfied!' 
the  purpose  of  purchasing  property  or  erecting  school  huildings  |KS|  '  H;' 
for  new  schools,  the  estahlishment  of  which  shall  have  heen  au- 
thorized according  to  law,  all  moneys  received  from  sales  made 
in  pursuance  of  the  provisions  of  section  one  hundred  and  eighty- 
six. 

§  2o7.  The  hoard  of  estimate  and  apportionment  shall  have     ••  <•!•• 

..  Comp.  175. 

the  power  at  any  time  to  transfer  any  appropriation  for  any  Excess  of  ap 
year  which  may  he  found,  hy  the  head  of  the  depart  ment  for  !u:Twu'"n. 
which  such  appropriation  shall  have  heen  made,  to  he  in  excess  fem' 
of  the  amount  required  or  deemed  to  be  necessary  for  the  pur- 
poses or  objects  thereof,  to  such  other  purposes  or  objects  for 
which  the  appropriations  are  insufficient,  or  such  as  may  require 
tho  same  ;  and  if  it  is  found  at  the  time  when  the  estimate  is 
made  of  the  expenses  of  conducting  the  public  business  for  the 
next  succeeding  fiscal  year,  that  there  will  be  a  surplus  or  bal- 
ance remaining  unexpended  of  any  appropriation  then  existing 
at  the  end  of  the  current  fiscal  year,  after  allowing  sufficient  to 
satisfy  all  claims  payable  therefrom,  such  surplus  mav  be  an-  Surplus mAy bo 

J  1  r  J  i      applied  tli>* 

plied  to  like  purpose  in  the  next  succeeding  year.    Any  balances  nex1  v,'ar- 
of  appropriations  remaining  unexpended,  after  allowing  suf- 
ficient to  satisfy  all  claims  payable  therefrom,  may  at  any  time,  isra.ch.sss.sm, 
after  the  expiration  of  the  year  for  which  they  were  made,  be  ns'aimVwu';!11" 
transferred  by  the  comptroller,  with  the  approval  of  said  board  comp.  m.' 
of  estimate  and  apportionment,  to  the  general  fund  of  the  city, 
and  applied  to  the  reduction  of  taxation.    But  any  balance  of  any 
appropriation  made  for  the  purposes  specified  in  section  six  bun- 
dred  and  eighty  shall  remain  applicable  to  such  purposes  and  be 
applied  thereto  whenever  called  for  by  the  coinmisioners  of  pub- 
lic parks. 

>>  208.  There  shall  be  paid  annually  out  of  the  excise  moneys  i878.cb.868  si 

of  the  citv  of  New  York,  to  the  Home  for  Fallen  and  Friendless  ;,'"*"' ■.i:v-'i== 

'  Home  for  Ril  ls. 

Girls  in  said  city,  the  sum  of  one  hundred  and  fifty  dollars,  for 
the  support  of  every  fallen  and  friendless  girl  received  and  sup- 
ported by  said  corporation  in  their  Home  for  Fallen  and  Friend- 
less Girls  for  the  .year  for  which  such  payment  shall  be  made, 
and  a  proportional  sum  for  a  shorter  period  in  the  same  year. 

£  209.  The  terms  and  conditions  of  all  contracts  for  street  i88i,ch.a«  • 
sweeping  and  cleaning,  or  for  the  collection  of  ashes  and  gar-  *treet  s.weT 

A      a  r>         ing  contracts. 


78 


APPROPRIATION  UK  KXC'ISK  MONKYs. 


ih;:..  cb.  *il,S|4, 

0  as  amended 
I HT.».  ch.  II". 
( 'onip.  17V. 

I'.Xelse  IIIU!1I'V<. 

how  appropri- 
ated, m 


Term  "  poor ' 
■  I'd  I 


Amounts  paid. 


is;3,  ch.  .•«.">. 
§113,  Conip.  104. 
In  case  of  con- 
test, appropria- 
tion only  to  be 
made  to  pre- 
vailing party. 


Counsel  to  be 
assigned  by  law 
department. 


baga,  shall,  before  they  are  entered  into,  be  approved  by  the 
board  of  estimate  and  apportionment. 

£  210.  Said  board  of  estimate  and  apportionni'iii  is  author- 
ized, from  time  to  time,  and  in  sums  according  to  its  dis 
cretion,  by  resolution  of  said  hoard,  to  appropriate  all  ex- 
cise moneys  derived  by  the  excise  commissioners  in  said  city 
from  licenses  for  the  sale  of  intoxicating  liquors,  to  such 
benevolent  or  charitable  institutions  in  said  city  which  shall 
gratuitously  aid,  support  or  assist  the  poor  thereof  as  may  seem 
to  said  board  deserving  or  proper,  but  no  such  resolutions  shall 
be  valid  unless  adopted  by  a  majority  vote  of  all  the  members  of 
said  board  ;  and  the  comptroller  shall  draw  his  warrants  in  favor 
of  such  institutions  respectively  mentioned  in  such  resolutions 
according  to  the  tenor  thereof,  and  the  chamberlain  shall  pay  such 
warrants  out  of  the  said  moneys  received  for  licenses.  The  term 
poor  "as  used  in  this  section  shall  only  include  persons  who 
would  otherwise  become  a  charge  upon  said  city  as  foundlings, 
orphans,  and  such  prostituted  or  fallen  women  or  juvenile  de- 
linquents as  may  be  committed  to  or  cared  for  gratuitously,  in 
or  by  any  reformatory  institution,  protectory,  or  juvenile  asylum, 
persons  who  are  supported,  relieved,  or  cared  for  gratuitously  in 
or  by  any  charitable  institution  for  the  care  or  relief  of  the  rup- 
tured or  crippled,  the  cure  of  hip  or  spinal  diseases,  the  sick  or 
the  destitute,  friendless  or  infirm,  including  the  children  of  vol- 
unteers dying  in  the  late  civil  war,  and  the  care  and  instruction 
of  idiots,  the  deaf  and  dumb,  the  blind  and  the  insane.  No  pay- 
ments shall  be  made  in  pursuance  of  this  section,  except  as  a  per- 
capita  allowance  for  the  poor  and  destitute  persons  actually  sup- 
ported, treated,  cared  for,  or  educated  in  the  institutions  referred 
to  in  this  section,  except  in  the  case  of  the  American  Fe- 
male Guardian  Society  and  Home  for  the  Friendless,  the  Chil- 
dren's Aid  Society,  and  the  Shepherd's  Fold  of  the  Protestant 
Episcopal  Church,  which  shall  severally  receive  only  the  same 
amounts  as  provided  by  other  provisions  of  law. 

S  211.  No  appropriation  or  payment  for  the  contesting  of  the 
office  of  mayor,  or  any  seat  in  the  board  of  aldermen,  or  office 
in  any  department/  or  the  office  of  any  officer  whose  salary  is" 
paid  from  the  city  treasury,  shall  be  made  to  any  but  the  pre- 
vailing party.  Nor  shall  any  such  appropriation  or  payment  be 
made  to  such  prevailing  party,  except  upon  the  written  certifi- 
cates of  the  chief  officer  of  the  law  department  and  of  the  chief 
justice  of  the  court  of  common  pleas  of  the  city  and  county  of 
Xew  York,  as  to  the  value  of  the  services  rendered  in  the  case. 
In  case  an  officer  or  clerk  is  ordered  to  be  examined,  in  pursu- 
ance of  law,  the  corporation  counsel  shall  assign  some  one  from 
his  department  as  counsel  to  the  officer  oi  clerk  making  the  ap- 


LE\  VlN(i  TAXES. 


plication;  but  should  such  oHicer  or  clerk  sic  lit  to  employ 
other  counsel  than  that  assigned  by  the  law  department,  then, 
in  that  event,  no  appropriation  or  payment  shall  he  made  for  his 
or  their  payment,  except  upon  a  certificate  of  the  justice  or  jus 
tices  before  whom  the  proceedings  have  been  had  that  there  was 
probable  cause  for  taking  such  proceedings. 

Title  7— Levying  Taxes.      h  2  Vi  (>  3 
§  212.  It  shall  be  the  duty  of  the  comptroller  of  said  city  to  jsea, ch. im, |2, 

J  1  J         ■C'omp.  189. 

prepare  and  submit  to  the  board  of  aldermen  at  least  four  weeks  Duties  of  the 
before  their  annual  meeting,  in  each  and  every  year,  for  the  l^Flre, c£ 
purpose  of  imposing  the  annual  taxes,  a  statement  setting  forth  ■ 
the  amounts  by  law  authorized  to  be  raised  by  tax  in  that  year, 
on  account  of  the  corporation  of  the  city  of  New  York  or  for 
city  purposes  within  said  city,  and  also  an  estimate  of  the  prob- 
able amount  of  receipts  into  the  city  treasury  during  the  then 
current  year,  from  all  the  sources  of  revenue  of  said  general 
fund,  including  surplus  revenues  from  the  sinking  fund  availa- 
ble in  accordance  with  law,  other  than  the  surplus  revenues  of 
the  sinking  fund  for  the  payment  of  the  city  debt,  and  the  said  i878,cii.3M 
board  of  aldermen  are  hereby  authorized  and  directed  to  deduct 
the  total  .amount  of  such  estimated  receipts  from  the  aggregate 
amount  of  all  the  various  sums  which  by  law  they  are  required 
to  order  and  cause  to  be  raised  by  tax  in  said  year  for  the  pur- 
poses aforesaid,  and  to  cause  to  be  raised  by  tax  only  the  balance 
of  said  aggregate  amount,  after  making  such  deduction. 

^  213.  It  shall  be  the  duty  of  the  board  or  body  authorized  to  ^i^'^-H 
levy  taxes  to  include  in  any  and  every  ordinance  or  resolution 
passed  by  them  imposing  and  levying  taxes  for  any  purpose  or 
purposes  authorized  by  law,  such  sum,  in  addition  to  the  aggre 
gate  amount  required  for  such  purposes,  as  they  shall  deem 
necessary,  not  exceeding  three  per  cent,  of  said  aggregate 
amount,  to  provide  for  deficiencies  in  the  actual  product  of  the 
amount  imposed  and  levied  therefor. 

£  214.  The  aggregate  amount  estimated  by  the  board  of  esti-  s^CtomJuoB. 
mate  and  apportionment  in  its  final  estimate  shall  be  certified  bv  supervisors  to 

^r  -     meet  and  eon- 

the  comptroller  to  the  board  of  aldermen:  and  it  shall  be  the  Sf,is?c,b 
~  '  estimate, 

duty  of  said  aldermen,  and  they  are  hereby  empowered  and  di- 
rected annually  to  cause  to  be  raised,  according  to  law,  and  col- 
lected by  tax  upon  the  estates,  real  and  personal,  subject  to 
taxation  within  the  city  and  county  of  New  York,  the  amounts 
so  estimated  and  certified  as  aforesaid. 


80 


THE  LAW  DEPARTMENT 


CHAPTER  VII. 

The  Law  Department. 

!878,cii.885.  $:  21.">.  The  law  department  shall  have  the  charge  and  conduct 

Law  depart-  of  all  the  law  business  of  the  corporation  and  its  departments, 
nun ,  H.Mii.ss  gTj  iaw  business  in  which  the  city  of  New  York  shall  be 

333;  5Hun.s87;  interested,  except  as  in  this  act  otherwise  provided  ;  the  charge 
and  conduct  of  the  legal  proceedings  necessaiy  in  widening, 
opening,  or  altering  streets,  and  the  preparation  of  all  leases, 
,i  %.,  deeds,  and  other  legal  papers  connected  with  any  department. 
All  contracts  entered  into  by  the  commissioner  of  street  clean- 
ing, in  pursuance  of  sections  seven  hundred  and  eight  and  seven 
hundred  and  nine,  and  all  bonds  securing  the  same  shall  be  ap- 
proved as  to  form  by  the  counsel  for  the  corporation.  No  officer 
or  department,  except  as  othei  wise  specially  provided,  shall  have 
or  employ  any  attorney  or  counsel,  but  it  shall  be  the  duty  of 
the  law  department  to  furnish  to  every  department  and  officer 
such  advice  and  legal  assistance  as  counsel  or  attorney,  in  or  out 
of  court,  as  may  be  required  by  such  officer  or  department ;  and 
for  that  purpose  the  counsel  to  the  corporation  may  assign  an 
attorney  to  any  department  that  he  shall  deem  to  need  the  same  ; 
he  shall  appoint  the  attorney  for  the  collection  of  personal 
taxes. 

iw3,  oh.  335.  §  21G.  There  shall  he  two  bureaus  in  this  department,  the  chief 
|38,   mp. ....    0ft»cer  Q£  one  Q£  -vv}1ic]1  s}ian  be  called  the  corporation  attorney, 

IHuviUIS  • 

and  the  chief  officer  of  the  other  of  which  shall  be  called  the 
Chief  officers  public  administrator.  Such  chief  officers  shall  not  receive  to 
reive  fees  to  their  own  use  any  fees  or  emoluments  in  addition  to  their  sal- 
mi mw,  us..  ai,-c^  an(j  shall  pay  into  the  treasury  all  costs  and  commis- 
sions received  by  them  from  any  source  whatever  :  such  pay- 
ments shall  be  made  monthly,  and  shall  be  accompanied  by  a 
sworn  statement  in  such  form  as  the  comptroller  shall  prescribe, 
and  such  statement,  with  a  detailed  list  of  costs,  commissions, 
fines  and  penalties  collected,  shall  be  published  in  the  City 
Recortl  monthly.  All  actions  to  recover  penalties  for  a  violation 
of  any  law  or  ordinance,  except  as  otherwise  specially  provided, 
shall  be  brought  in  the  name  of  the  mayor,  aldermen,  and  com- 
monalty of  the  city  of  New  York,  and  not  in  that  of  any  depart- 
ment, and  shall  be  conducted  by  the  corporation  attorney,  sub- 
ject to  the  control  of  the  corporation  counsel.  All  fees  received 
in  any  such  action  shall  be  paid  into  the  treasury  of  the  city. 


T1IK  I'l  lil.lt  ADMIXISTKATOK. 


-I 


except  as  Otherwise  speeiallv  provided.    Tin' counsel  to  the  cor-  « •  •m,..ii,,  n„. 

l     11  iL  .1  ii  u        corporation  to 

notation  shall,  once  in  three  months,  report  to  the  comptroller  i-m  i. ,,,„„,, 
i  k     _u  #  r  t  roller, 

the  name  of  parties  to,  and  t  he  object  of,  all  suits  pending  in  his 

department,  when  commenced  and  the  number  decided  or 
ended,  and  in  what  manner,  during  the  past  three  months. 

217.  Before  entering  upon  the  duties  of  his  office,  any  per-  Rev.  stat.  port 
son  appointed  to  the  office  of  public  administrator,  shall  execute  art.i,fe 
a  bond  with  such  sureties  as  shall  be  approved  by  the  mayor  or  oJhand  bond 
recorder  of  the  said  city,  te>  the  mayor,  aldermen,  and  common- 
alty thereof,  in  the  penal  sum  of  ten  thousand  dollars,  con- 
ditioned for  the  faithful  discharge  of  all  duties  enjoined  on  him 
by  law,  and  particularly  that  be  will  account  for  and  pay  over 
all  moneys  and  property  that  may  come  to  bis  hands  as  such 
administrator,  according  to  law. 

>j  218.  The  public  administrator  shall  retain  a  commission, 

ii  n  ii  2.R.S.  oh-  0, 

over  and  above  all  expenses,  upon  all  moneys  that  shall  come  I'.J1;;,''1!;,' ■ : 
into  its  hands,  at  the  rate  of  five  dollars  upon  the  hundred  dol-  commissions 

.  *  and  salary. 

lars,  upon  all  sums  received  from  any  one  estate,  not  exceeding 
two  thousand  five  hundred  dollars:  and  upon  all  sums  so  re- 
ceived exceeding  that  sum.  at  the  rate  of  two  dollars  and  fifty 
cents  upon  every  hundred  dollars:  which  sums  may  be  so  re- 
tained in  preference  to  any  debts  or  claims,  excepting  funeral 
charges.  The  moneys  so  retained  shall  be  accounted  for  and 
paid  by  him  into  the  treasury  of  the  city  of  New  York. 

§  219!  In  the  right  of  his  office,  the  public  administrator  shall  w.  >i 
have  authority  to  collet  and  take  charge  of  the  goods,  chattels,  °mp' 
personal  estate,  and  debts  of  persons  dying  intestate,  and  for 
that  purpose  to  maintain  such  suits  as  public  administrator,  as 
any  executor  might  by  law,  in  the  following  cases:'  Bis  authority. 

1.  Whenever  any  person  shall  die  intestate,  either  within  this 
State  or  out  of  it,  leaving  any  goods,  chattels,  or  effects  within 
the  city  and  county  of  New  York. 

•2.  Whenever  any  goods,  chattels,  or  effects  of  any  person 
who  shall  have  died  intestate,  shall  arrive  within  the  said  city 
and  county,  after  his  death.  # 

&  Whenever  any  person  coming  from  any  place  out  of 
this  State,  in  a  vessel  bound  to  the  port  of  New  York,  and  arriv- 
ing at  the  quarantine,  near  the  city  of  New  York,  shall  there  die 
intestate,  and  shall  leave  any  effects  either  at  the  said  quaran- 
tine or  in  the  city  of  New  York,  or  elsewhere. 

i.  Whenever  any  effects  of  any  such  person"  so  arriving  and 
dying  intestate  at  the  said  quarantine  shall,  after  his  death, 
arrive  either  at  the  said  quarantine  or  within  the  city  of  New 
York. 

5.  Whenever  any  person,  coming  from  any  place  out  of  this 
State  in  a  vessel  bound  to  the  port  of  New  York,  shall  die  intes-  8John.ch.4sa 


82 


THE  PUBLIC  ADMINISTRATOR. 


I<l.  Si. 


M  sijO,  7. 
I  >rtler  of  BUT- 

rogate,  when 

ttOCOOTBTT. 


When  order  to 
It«  granted. 


■>  lit.  s.  ch.  ii. 
title  6,  art.  1. 
*>§».  9, 
Comp.  238. 
Subpoena  to  dis- 
cover concealed 
effects. 


tato  on  hi.s  passage,  and  any  pf  his  effects  shall  arrive  at  the 
said  quarantine. 

In  all  the  preceding  cases,  intestacy  shall  he  presumed  until 
a  will  shall  he  proved,  and  letters  testamentary  he  granted 
thereon. 

§  220.  But  the  last  section  shall  not  colder  on  the  puhlic  ad- 
ministrator any  authority  in  respect  to  the  estate  of  any  person 
not  a  citizen  of  this  State,  dying  outsiJe  of  this  State,  or  on 
hoard  of  any  foreign  vessel  within  .the  harhor  of  New  York, 
unless— 

L.  Such  person  shall  have  landed  within  the  city  and  county 
of  New  York,  or  at  the  quaiantine  near  the  said  city;  or, 

2.  Unless  the  effects  of  such  person,  or  some  part  of  them, 
shall  have  heeu  so  landed:  and  when  any  effects  of  such  person 
shall  have  heen  so  landed,  the  authority  of  the  puhlic  adminis- 
trator shall  extend  to  such  effects  only. 

221.  Whenever  there  shall  be  any  widow,  or  next  of  kin  of 
any  such  intestate,  entitled  to  a  distributive  share  in  his  estate, 
residing  in  the  city  of  New  York  at  the  time  of  his  death,  the 
puhlic  administrator,  upon  receiving  notice  of  such  fact,  shall 
not  have  any  authority  to  interfere  with  the  effects  of  the  de- 
ceased until  he  shall  have  obtained  an  order  from  the  surrogate 
to  take  charge  thereof.  Such  order  may  be  granted  by  the  sur- 
rogate, upon  the  application  of  the  puhlic  administrator,  and 
upon  due  proof  being  made  to  him,  by  affidavit,  that  the  effects 
of  the  deceased  are  in  danger  of  waste  or  embezzlement,  or  that 
for  any  other  reason  it  would  be  for  the  benefit  of  the  estate  to 
have  the  same,  or  any  part  thereof,  seized  and  secured. 

i?  222.  Whenever,  in  any  of  the  cases  in  which  the  public  ad- 
ministrator is  authorized  to  take  charge  of  the  effects  of  any 
intestate,  any  goods,  chattels,  credits,  or  effects  of  the  deceased, 
or  of  which  he  had  possession  at  the  time  of  his  death,  or 
within  twenty  days  previous  thereto,  shall  not  have  been  deliv- 
ered to  the  public  administrator,  nor  accounted  for,  satisfac- 
torily, by  the  persons  who  were  about  the  deceased  in  his  last 
sickness,  or  in  whose  hands  the  effects  of  the  deceased,  or  any 
of  them,  may  be  supposed  at  any  time  to  have  fallen,  the  publie 
administrator  may  institute  an  inquiry  concerning  the  same; 
and  upon  satisfying  the  surrogate,  by  affidavit,  that  there  are 
reasonable  grounds  for  suspecting  that  any  such  effects  are  con- 
cealed or  withheld,  he  shall  be  entitled  to  a  subpoena  to  be 
issued  by  the  surrogate  under  his  seal  of  office,  to  such  persons 
as  the  said  public  administrator  shall  designate,  requiring  them 
to  appear  before  such  surrogate,  at  the  time  and  place  thereinto 
be  specified,  for  the  purpose  of  being  examined  touching  the  es- 
tate and  effects  of  the  deceased.    If  the  surrogate  be  absent 


THE  PUBLIC  ADMINISTRATOR. 


Examination  of 


from  thy  city,  such  application  for  a  subpu-na  may  bo  mado  to 
any  justice  of  tho  supreme  court,  to  the  first  judge  of  the  court 
of  common  pleas  of  tho  said  city  and  county,  or  to  the  recorder 
of  said  ( ity,  either  of  whom  is  hereby  authorized  to  issue  such 
subpoena,  under  his  hand  and  private  seal,  in  the  same  manner 
as  t  he  surrogate. 

;j  228.  Such  SubpeeBfi  shall  be  served  in  the  same  manner  as  !*?Hio,n. 

'.    ..  ,  .  ,     _,        '  How  served  ninl 

m  civil  causes,  and  it  any  person  shall  refuse  or  neglect  to  obey  enforced, 
the  same,  or  shall  refuse  io  answer  touching  the  matters  herein- 
after specified,  he  shall  be  attached  and  committed  to  prison  by 
the  said  surrogate  or  other  officer  so  issuing  such  subpoena,  in 
the  same  manner  as  for  disobedience  of  any  citation  or  subpoena 
issued  by  a  surrogate  in  any  case  within  his  jurisdiction.  Upon 
the  appearance  of  any  person  so  subpoenaed  before  such  surro-  """^ 
gate  or  other  officer,  he  shall  be  sworn  truly  to  answer  all  ques- 
tions concerning  the  estate  and  effects  of  the  deceased,  and  shall 
be  examined  fully  and  at  large,  by  the  public  administrator,  in 
relation  to  the  said  effects. 

§  224.  If,  upon  any  inquiry,  it  shall  appear  to  the  officer  con-  w  Mls 
ducting  the  same,  that  any  effects  of  the  deceased  are  concealed  Warrant,  when 
or  withheld,  and  the  person  having  possession  of  such  property  3Bradf!«4 
shall  not  give  the  security  herein  specified,  for  the  delivery  of 
the  same,  such  officer  shall  issue  his  warrant,  directed  to  the 
sheriff,  marshals,  and  constables  of  the  city  or  county,  where 
such  effects  may  be,  commanding  them  to  search  for  and  seize 
the  said  effects,  and  for  that  purpose,  if  necessary,  to  break 
open  any  house  in  the  day  time,  and  to  deliver  the  said  property 
so  seized  to  the  public  administrator,  which  warrant  shall  be 
obeyed  by  the  officers  to  whom  the  same  shall  be  directed  and 
delivered,  in  the  same  manner  as  the  process  of  a  court  of  re- 
cord. But  such  warrant  shall  not  be  issued  to  seize  any  prop-  warrant 
erty,  if  the  person  in  whose  possession  such  property  may  be,  or 
any  one  in  his  behalf,  shall  execute  a  bond,  with  such  sureties, 
and  in  such  penalty  as  shall  be  approved  by  the  surrogate,  or 
other  officer  acting  in  his  place,  to  the  public  administrator,  con- 
ditioned that  such  obligors  will  account  for  and  pay  to  the  said 
public  administrator  the  full  value  of  the  property  so 
claimed  and  withheld  land  which  shall  be  enumerated  in  the 
said  Condition),  whenever  it  shall  be  determined  in  any  suit  to 
be  brought  by  the  public  administrator,  that  the  said  property 
belongs  to  the  estate  of  any  deceased  person,  which  the  admin- 
istrator has,  by  law,  authority  to  collect  and  preserve. 

§  22.">.  Whenever  any  effects  of  a  deceased  person,  of  which  .JR.  s.  chu. 
the  public  administrator  is  authorized  to  take  charge,  shall  be  at  t^oomp/iss. 
the  quarantine  at  the  time  of  the  death  of  such  person,  or  shall  1863> 358-*ar- 
arrive  there  afterwards,  it  shall  be  the  duty  of  the  health  officer. 


Bond  to  Stay 


8 1 


THE  PUBLIC  ADMINISTRATOR. 


lis  amended 

(866,  ch.  598, 
Comp,  2-10. 
Duty  of  health 

ofllcer  In  cer- 
tain cases. 


Id.  Jio. 
Perishable 

properl  j 


Notice,  when  t< 

he  given. 

I  Barh.  ch.  80S, 


Mow  served 

.mil  published. 


hi.  SjlK.  111.  -J>J. 
Comp.  340. 

Granting  of  let 
t  ers  may  he 
contested. 
When  execu- 
tor, widow,  or 
relative  entitled 
to  letters. 


Effect  of  such 
letters. 


li is  assistants  or  deputies,  whichever  shall  -he  present,  to  secure 
the  said  effects  from  waste  and  embezzlement,  and  to  make  a 
true  inventory  thereof,  and  when  the  rightful  claimants  of  such 
effects  do  not  appear,  within  three  months,  to  deliver  the  same 
with  such  inventory,  to  the  public  administrator,  and  immedi- 
ately to  give  information  of  such  effects  to  the  public  adminis- 
trator, to  cause  an  inventory  or  account  thereof  to  be  taken, 
and  to  deliver  the  same  to  the  said  public  administrator,  unless 
the  said  property  be  of  such  a  description  as  ought  not  to  be  re- 
moved, or  may  be  ordered  to  be  destroyed  under  the  laws  con- 
cerning the  public  health. 

^  22G.  If  any  property  taken  into  the  charge  of  the  public 
administrator  shall  be  in  a  perishing  condition,  lie  may  immedi- 
ately sell  the  same  jit  public  auction,  on  obtaining  an  order  for 
that  purpose  from  the  surrogate,  which  shall  be  granted  on  due' 
proof  of  the  fact. 

227.  If  the  property  of  any  intestate  of  which  the  public 
administrator  is  authorized  to  take  charge  shall  exceed  in  value 
the  sum  of  one  hundred  dollars,  he  shall  immediately  give  no- 
.tice  of  his  intention  to  apply  to  the  sui-rogate  for  letters  of  ad- 
ministration upon  the  estate  of  such  intestate,  specifying  the 
time  and  place  when  such  application  will  be  made.  Such  notice 
shall  be  served  personally  on  the  widow  and  the  relatives  of  the 
intestate  entitled  to  any  share  in  his  estate,  if  there  be  any  to 
be  found  in  the  city,  at  least  thirty  days  before  the  time  therein 
specified.  If  there  be  none  to  be  found  in  the  said  city,  and  in 
all  cases  where  the  notice  shall  not  have  been  personally  served, 
it  shall  be  published  at  least  twice  in  each  week,  for  four  weeks, 
in  some  newspaper  printed  in  the  city. 

>j  228.  At  the  time  specified  in  such  notice,  any  person  inter- 
ested in  the  estate  of  the  deceased  may  appear  and  contest  the 
granting  of  letters  of  administration  to  the  public  administra- 
tor, and  shall  be  entitled  to  subpoena  to  compel  the  attendance 
of  witnesses  on  such  hearing.  If  it  shall  appear  that  the 
deceased  has  left  any  will  of  his  personal  property,  by  which 
any  executor  is  appointed  who  is  competent  and  qualified  ac- 
cording to  law  to  take  upon  him  the  execution  of  such  will ;  or 
if  it  shall  appear  that  there  is  a  widow  or  any  relative  of  the  de- 
ceased entitled  to  a  share  in  his  estate,  willing,  competent,  and 
qualified  according  to  law  to  take  letters  of  administration,  with 
the  will  annexed,  if  there  be  one,  or  to  take  letters  of  adminis- 
tration, if  there  be  no  will,  then  letters  testamentary  shall  be 
granted  to  such  executor,  or  letters  of  administration  shall  be 
granted  to  such  widow  or  relative,  as  in  other  cases.  Upon  such 
letters  testamentary  or  letters  of  administration  being  granted, 
all  control  and  authority  of  the  public  administrator  over  the  es- 


THi:    ITIil.K  AD.MINISTRATOli 


35 


(ate  of  the  deceased  shall  cease,  and  every  order  that  may  have 
been  previously  granted  to  him  in  relation  to  the  estate  shall  he 
revoked. 

g  829.  The  expenses  incurred  by  the  public  administrator,  in  »R8.cfa  8. 
all  necessary  measures  for  securing  and  guarding  the  effects  of  UN, 
the  deceased  from  "waste  and  embezzlement,  of  serving  and  pub- 
lishing  the  notice  aforesaid,  and  of  obtaining  any  necessary  order  pakl 
from  the  surrogate,  and  of  executing  such  order,  shall  be  taxed 
and  allowed  by  the  surrogate,  and  may  be  retained  by  the  pub- 
lic administrator  out  of  any  moneys  or  effects  of  the  deceased  in 
his  hands,  and  the  residue  thereof  shall  be  delivered  by  him  to 
the  executor  or  administrator  so  allowed  Oft  appointed,  without 
any  abatement  or  deduction  for  commissions  or  for  any  other 
charges  than  such  as  shall  have  been  so  allowed  and  taxed.  If 
there  shall  be  no  moneys  or  effects  of  the  deceased  in  the  hands 
of  the  public  administrator  to  pay  such  expenses,  the  same, 
after  being  allowed  and  taxed,  shall  be  paid  by  the  executor  or 
administrator  so  appointed,  in  preference  to  all  other  debts  or 
claims,  except  funeral  charges,  and  the  public  administrator  may 
maintain  an  action  therefor  in  his  own  name. 

ji  830.  If  no  executor  be  allowed,  and  no  letters  testamentary  w  S23 
or  of  administration  be  grauted  by  the  surrogate  to  any  other  n^Sto 
person,  at  the  time  specified  for  hearing  the  application,  or  at  ■d"**- 
such  other  times  as  shall  have  been  appointed,  then,  unless  it 
appear  that  letters  testamentary  or  of  administration  have  al- 
ready been  granted  on  such  estate,  the  surrogate  shall  grant 
letters  of  administration  thereon,  with  the  will  annexed  or  other- 
wise, as  the  case  may.require,  to  the  public  administrator,  briefly 
stating  that  the  administration  of  the  goods,  chattels,  credits  and 
effects  of  the  deceased  has  been  granted  to  him  according  to  law ; 
which  letters,  the  record  thereof,  and  a  transcript  of  such  record 
duly  certified,  shall  be  conclusive  evidence  of  the  authority  of 
said  public  administrator  in  all  cases  in  which  lie  is  authorized 
by  law  to  act. 

^  2:31.  If  the  property  of  any  intestate,  of  which  the  public  ad-  H 
ministrator  is  authorized  to  take  charge,  be  worth  a  sum  not  ex-  oamJ^Mi. 
ceeding  one  hundred  dollars,  he  shall  immediately  give  notice, 
briefly  stating  that  the  effects  of  the  deceased,  naming  him,  with 
his  addition,  in  the  hands  of  the  public  administrator,  will  be 
administered  and  disposed  of  by  him  according  to  law,  unless 
the  same  be  claimed  by  some  lawful  executor  or  administrator 
of  the  deceased,  by  a  certain  day  to  be  specified  in  such  notice, 
not  less  than  thirty  days  from  the  service  or  first  publication 
thereof,  as  herein  directed.    Such  notice  shall  be  personally 
served  on  the  widow  and  every  relative  of  the  deceased  who  How  serTed 
shall  be  residing  in  the  city  of  New  York,  if  any  can  be  found: 


86 


THK  I'lHIJC  ADMINISTRATOR. 


Id.  §$2C,  27. 

Affidavit,  etc 


Effect  at  Ming 
affldarlt. 


2  R.  s.  eh,  B, 
title  6,  mt.  1. 
828. 

Powers  of  ad- 
ministrator he- 
fore  letters,  etc. 


Jd.  829. 
Notice  to  be 
given  to  foreign 
consols. 


Id.  §30. 
Comp.  242. 
Assets  to  lie  de- 
livered to  law- 
ful executor, 
etc. 


and  if  none  be  found,  and  in  all  cases  when*  such  personal  ser- 
vice shall  not  have  been  made,  the  notice  shall  be  published  once 
in  each  week,  for  four  weeks,  in  a  newspaper  printed  in  the 
city. 

§  232.  If,  at  the  time  appointed  in  such  notice,  no  claim  to  the 
effects  of  the  deceased  shall  have  been  made  by  any  lawful  ex- 
ecutor or  administrator,  the  public  administrator  shall  make  and 
file  in  the  office  of  the  surrogate  an  affidavit,  stating  the  value 
of  the  property  and  effects  of  the  deceased,  the  service  and  pub- 
lication of  the  notice  by  him,  as  above  directed,  and  that  no 
claim  has  been  made  according  to  law,  and  that  he  has  taken 
upon  himself  the  administration  of  the  estate- of  the  deceased. 
Upon  filing  such  affidavit,  the  public  administrator  shall  be 
vested  with  all  the  rights  and  powers,  and  be  subject  to  all  the 
duties  of  an  administrator  of  the  estate  of  the  deceased,  in  the 
same  manner  as  if  letters  of  administration  had  been  granted. 
Such  affidavit,  and  a  duly  certified  copy  thereof,  .shall  be  pre- 
sumptive evidence  of  the  facts  therein  contained,  and  that  ad- 
ministration of  the  estate  of  the  deceased  has  been  committed  to 
the  public  administrator  according  to  law. 

£  233.  Until  letters  of  administration  shall  be  granted  to  the 
public  administrator,  or  until  an  affidavit  shall  be  filed  by  him 
as  above  directed,  he  shall  not  proceed  in  the  administration  of 
any  estate,  further  than  to  pay  funeral  charges  of  the  deceased, 
to  take  possession  of  and  secure  his  effects  as  hereinbefore  au- 
thorized, to  sell  such  of  them  as  shall  be  perishable,  and  to  de- 
fray the  expenses  of  such  proceedings,  and  of  serving  and  pub- 
lishing notices,  and  of  taking  out  letters  of  administration. 

§  234.  Whenever  the  deceased,  of  whose- estate  the  public  ad- 
ministrator is  authorized  to  take  charge,  shall  be  a  foreigner,  and 
shall  not  have  become  naturalized,  or  taken  any  steps  for  that 
purpose,  it  shall  be^the  duty  of  the  public  administrator  to  serve 
upon  the  consul  of  the  nation  to  which  the  deceased  belonged,  if 
any  there  be  in  the  city,  the  notice  of  his  intention  to  apply  for 
letters  of  administration,  and  of  his  intention  to  administer, 
hereinbefore  specified,  in  the  same  manner  as  they  are  herein 
directed  to  be  served  upon  the  widow  or  relative  of  the  de- 
ceased. 

§  235.  If  any  lawful  executor  or  administrator  shall  appear  to 
claim  the  effects  of  the  deceased,  at  any  time  before  the  public 
administrator  becomes  vested  with  the  power  of  administering 
such  effects,  he  shall,  on  producing  the  letters  testamentary  or 
of  administration,  be  entitled  to  receive  the  goods  and  effects  of 
the  deceased  in  the  hands  of  the  "public  administrator,  after  de- 
ducting the  chai'ges  specified  in  section  two  hundred  and  twenty- 


Till!  ITKI.K  ADMINISTRATOR. 


niiio  hereof,  to  be  allowed  and  taxed  by  the  surrogate  as  therein 
directed. 

£  2.°)t'>.  The  powers  and  authority  of  tlie  public  administrator,  '•'  »■'" 

Z  r  i  1111  I'nwpin  of  puli 

in  relation  to  the  estate  of  anv  deceased  person,  shall  he  super-  h<- u.!miiiimrn 

.  tor,  when  super 

Seded  in  the  three  following  cases  :  Mded. 

1.  When4  letters  testamentary  shall  be  granted  to  any  ex- 
ecutor of  a  will  of  any  deceased  person,  either  before  or  after  the 
public  administrator  shall  have  taken  letters,  or  become  vested 
with  the  powers  of  an  administrator  upon  such  estate. 

2.  Where  letters  of  administration  of  such  estate  shall  have 
been  granted  to  any  other  person,  before  the  public  administra- 
tor became  vested  with  the  powers  of  an  administrator  upon  the 
same  estate. 

Where  letters  of  [administration  shall  be  granted  upon  iBarb.ch.uofi 
such  estate,  by  any  surrogate  having  jurisdiction,  at  any  time 
within  six  months  after  the  public  administrator  became  vested 
with  the  powers  of  an  administrator  upon  such  estate. 

g  'j;5T.  If  any  relative  of  deceased  entitled  to  administration  on  m  gas. 
his  estate,  being  competent  and  qualified  according  to  law,  shall.  '  Barb  ch  302 
within  three  months  after  the  public  administrator  has  become 
vested  with  the  powers  of  an  administrator  on  such  estate,  ap- 
ply to  the  surrogate  of  New  York  for  letters  of  administration, 
the  same  shall  be  granted  to  him,  upon  proof  to  the  surrogate 
that  the  applicant  did  not  reside  in  the  city  at  the  time  of  the 
death  of  the  intestate ;  or  that,  residing  in  the  said  city,  no  no- 
tice was  served  on  him  as  herein  required.    Upon  notice  being  Sr.  s.  ci. 
given  to  the  public  administrator  of  the  granting  such  letters  j^f  ,art1, 
testamentary,  or  letters  of  administration,  in  either  of  the  cases  A^re^tobe de- 
aforesaid,  by  producing  to  him  duly  attested  copies  thereof,  his 
powers  and  authority  in  relation  to  such  estate  shall  cease;  and 
he  shall  deliver  over  to  the  executor  or  administrator  so  ap- 
pointed the  property,  moneys  and  effects  in  his  hands  belonging 
to  the  said  estate,  after  deducting  his  commissions  on  the  moneys 
received  by  him,  at  the  rate  hereinbefore  allowed,  and  the  ex- 
penses incurred  by  him  in  section  two  hundred  and  twenty -nine 
hereof,  to  be  allowed  and  taxed  as  therein  directed. 

§  233.  No  suit  that  shall  have  been  commenced  by  the  pubic 
administrator  shall  abate  on  account  of  his  authority  having.  . 

■»  <->   Suits  not  to 

ceased  for  any  cause;  but  the  same  may  be  continued  by  his  sue-  m 
cessor,  or  the  executor  or  administrator  of  the  deceased,  who 
shall  succeed  him  in  the  administration  of  the  estate,  in  relation 
to  which  such  suit  shall  have  been  brought. 

§  23f .  Whenever  the  public  administrator  shall  become  vested 
with  the  right  of  administering  upon  any  estate  as  herein  pro-  ^jS?^ 


88  TIIK  Pl'JJLK'  A1>MINJSTK  YTOK. 

mifih(iutfOWofr8-  vi^cd,  ne  shall  possess  the  following  rights  and  powers,  and  be 
imbUcadmJiiifr  snbject  to  the  following  obligations  ; 

1.  He  shall  have  all  the  rights,  powers,  and  authority  given 
by  law  to  any  administrator,  except  so  far  as  the  same  may  be 
qualified  by  the  succeeding  provisions. 

2.  He  may,  like  any  other  administrator,  sue  and  be  sued. 

3.  He  shall  make  and  return  an  inventory  in  all  cases,  in  the 
same  manner  and  within  the  same  time  as  is  required  by  law  of 
other  administrators;  and  the  same  proceedings  may  be  lmd  to 
compel  such  return. 

4.  He  may  sell  the  personal  property  of  the  deceased  at  pub- 
lic auction,  after  publishing  notice  thereof  three  days,  daily,  in 
a  newspaper  in  the  city  of  New  York;  but  he  shall  not  sell  any 
property  exceeding  five  hundred  dollais  in  value,  without  having 
given  such  notice  daily  for  fourteen  days. 

5.  He  shall  not  sell  any  public  stock,  or  stock  in  any  incor- 
porated company,  unless  for  the  payment  of  debts,  and  on  the 
order  of  the  surrogate,  to  be  duly  entered  in  his  records. 

C.  In  all  cases  where  the  estate  of  any  deceased  person  in  his 
hands  shall  exceed  the  value  of  two  hundred  and  fifty  dollars,  he 
shall  give  notice  to  the  creditors  of  the  deceased  to  exhibit  their 
claims,  by  a  publication  once  in  each  week  for  eight  weeks,  in  a 
newspaper  printed  in  the  said  city,  and  in  the  State  paper. 

7.  He  may,  in  his  discretion,  proceed  as  other  administrators 
are  allowed  by  law  to  compel  creditors  to  exhibit  their  claims, 
and  with  the  like  effect  in  all  respects. 

8.  He  shall  adjust  and  pay  all  demands  against  the  estate  of 
the  deceased,  in  the  same  manner  as  other  administrators;  and 
like  them,  may  refer  all  disputes  respecting  such  demands. 

9.  One  year  after  he  shall  have  become  vested  with  the  right 
of  administering  upon  any  estate,  he  shall  account  on  oath  to 
the  surrogate  for  all  assets  of  such  estate  received  by  him,  and 
for  the  application  thereof;  and  the  same  proceedings  may  be 
had  to  compel  such  account  as  are  provided  by  law  in  the  cace 
of  administrators. 

10.  He  may,  in  his  discretion,  proceed  as  other  administra- 
tors are  allowed  by  law,  after  the  expiration  of  twelve  months 
from  the  time  he  became  vested  with  the  powers  of  an  adminis- 
trator on  any  estate,  to  have  a  final  settlement  of.  his  accounts 
in  relation  to  such  estate,  and  with  the  like  effect. 

11.  -In  the  settlement  of  his  accounts,  he  shall  not  be  allowed 
for  any  payments  made  by  him,  unless,  in  addition  to  the  other 
vouchers  therefor;  it  shall  appear  that  the  same  were  made  on  a 
joint  check,  signed  by  himself  and  the  comptroller  of  the  city, 
upon  the  bank  in  which  his  deposits  are  required  to  be  made; 


THE  PUBLIC  ADMINISTRATOR. 


s'.> 


excepting  that  lie  may  bo  allowed  for  current  expenses  author- 
ized by  law,  not  to  exceed  twrenty  dollars  in  any  oue  case. 

12.  In  the  settlement  of  his  accounts,  he  shall  not  be  allowed 
for  any  demand  which  he  may  have  against  the  estate  of  the  de- 
ceased, unless  such  demand  was  specified  in  writing  to  the  sur- 
rogate at  the  time  of  applying  for  letters  of  administration,  or  at 
the  time  of  tiling  the  affidavit  herein  required  to  vest  him  with 
the  rights  of  an  administrator,  nor  unless  it  shall  appear  that  he 
had  such  demand,  or  that  his  responsibility,  on  which  it  may  be 
founded,  existed,  previous  to  the  death  of  the  person  against 
whose  estate  it  may  be  exhibited. 

13.  He  shall  pay  all  legacies  and  shates  of  the  estate  of  the 
deceased,  according  to  the  decrees  of  the  surrogate  : 

14.  The  balance  of  any  money  remaining  in  his  hands  on  the 
adjustment  of  his  accounts,  shall  be  paid  into  the  treasury  of  the 
city;  and  he  shall  transfer  and  deliver  to  the  corporation  of  the 
said  city  all  public  stocks,  and  all  stock  in  any  incorporated  com- 
pany belonging  to  the  estate  of  the  deceased. 

£  240.  The  public  administrator  shall  deposit  all  moneys  by 
him  collected  and  received,  within  two  days  after  the  receipt  Ba^MS^ft 
thereof,  in  the  bank  designated  in  pursuance  of  law,  to  the  n^'j^' 
joint  credit  of  himself  and  the  comptroller  of  the  city* excepting  g°£g£  h 
so  much  as  mav  be  necessary  to  pay  the  current  expenses  of  :!',:>-  s:r' 

J  J        XT  J  ,  How  drawn 


out. 


any  proceedings  authorized  by  law,  which  shall  be  allowed  by 
the  surrogate,  and  shall  not  exceed  twenty  dollars  in  any  one 
case.  The  moneys  so  deposited  shall  be  drawn  out  only  on  the 
joint  check  of  the  public  administrator  and  the  said  comptroller, 
in  the  cases  where  by  law  the  public  administrator  is  required  to 
pay  out  moneys.  The  comptroller  shall  preserve  a  register  of 
all  checks  signed  by  him,  as  a  part  of  the  documents  of  his 
office. 

§  241.  The  public  administrator  may  at  any  time  advance  to 
any  relative  of  the  deceased  such  portion  of  the  share  of  any  Advances  to 
estate  to  which  he  may  be  entitled,  not  exceeding  fifty  dollars,  * 
as  in  the  opinion  of  the  surrogate  may  be  necessary  for  the  sup- 
port of  such  relative. 

§  242.  The  public  administrator  shall  exhibit  to  the  board  of  M  «89,«. 
aldermen,  on  the  first  day  of  January  in  each  year,  or  within  count  of  public 
fourteen  days  after  that  day,  a  statement,  on  oath,  of  the 
moneys  received  by  him  for  commissions  and  expenses,  and  of 
the  total  amount  of  his  receipts  and  expenditures,  in  each  case 
in  which  he  shall  have  taken  charge  of  and  collected  any  effects, 
or  in  which  he  shall  have  administered  on  any  estate  during  the 
preceding  year,  with  the  name  of  the  deceased,  his  addition, 
the  place  of  his  residence  at  the  time  of  his  death,  if  the  same  be 
known,  and  the  country  or  place  from  which  he  came,  if  he  was 


On 


TIJK  I'UliLIC  AU.MINISTKATOR. 


To  Ih>  |>iiIi 

IJshed 


It.  K.  ch.  «. 

title  6,  art.  1, 
II.  <  Kinp  ','r. 

l'enalty  for 

•  omissions. 
■vi  N  v  881 : 
Hun, 


M.  an, 

Responsibility 
of  corporation 
•I  Sand.  1 ;  4'.' 
N.  Y.  2.M ; 
M  How.  178. 
Id. 

8  Sand   <-h.  17.) 


Id.  $44. 

Papers,  etc..  to 
be  delivered  to 
successor. 


Id.  $45, 
us  amended 
1806,  ch.  80-.>. 
Report  of 
deaths  in 
hotels,  etc. 


not  a  resident  of  this  State  at  the  time  of  his  death.  The  public 
administrator  shall  cause  the  said  statement  to  Ik-  published  for 
three  weeks,  daily,  in  a  newspaper  in  the  city,  and  twice  in 
each  week  in  the  State  paper;  the  expense  of  which  shall  he  do 
ducted  by  him  from  the  halance  in  his  hands,  payable  to  the  i  it  v 
treasury. 

%  2-43.  If  any  public  administrator  shall  neglect  to  render  or 
to  publish  such  statement,  as  hereinbefore  required,  he  shall  for- 
feit five  hundred  dollars,  to  be  recovered  by  the  attorney-general, 
for  the  use  of  this  State ;  and  on  such  recovery  being  had,  he 
shall  forfeit  his  office,  and  be  thereafter  incapable  of  being  ap- 
pointed to  the  same.  • 

§  24-1.  The  mayor,  aldermen,  and  commonalty  shall,  in  all 
cases,  be  responsible  for  the  application  of  all  moneys  received 
by  the  public  administrator,  according  to  law,  and  for  the  due 
and  faithful  execution  of  all  the  duties  of  his  office.  The  said 
corporation  shall  also  be  answerable  for  all  stock  transferred  by 
the  public  administrator,  and  the  dividends  received  thereon, 
and  for  all  moneys  paid  into  the  city  treasury  by  him,  or  which 
ought  to  be  so  transferred  or  paid  in  according  to  law,  after  de- 
ducting therefrom  the  commissions  allowed  by  law  ;  but  not  for 
any  interest  on  such  moneys,  or  dividends  on  stock.  All  per- 
sons who  shall  be  entitled  to  receive  such  moneys  and  stock,  as 
creditors,  legatees,  or  relatives  of  the  deceased,  and  all  persons 
aggrieved  by  any  unauthorized  acts  or  omissions  of  the  public 
administrator,  shall  have  the  same  remedies  against  the  said 
corporation  for  the  same  as  they  would  have  against  any  ex- 
ecutor. 

§  245.  Whenever  the  public  administrator  shall  resign,  or  be 
removed  from  his  office,  he  shall  immediately  deliver  over  all 
papers,  money,  and  effects  in  his  hands  to  his  successor;  and  in 
case  of  the  death  of  such  officer,  the  persons  into  whose  custody 
or  possession  any  such  papers,  money,  or  effects  may  come, 
shall,  on  demand,  deliver  the  same  to  the  successor  duly  ap- 
pointed. Such  delivery  may,  in  either  case,  be  enforced  in  the 
manner  provided  in  chapter  fifth  of  the  first  part  of  the  revised 
statutes,  in  relation  to  public  officers. 

§  24G.  Every  person  keeping  a  hotel,  or  boarding  or  lodging- 
house  in  the  city,  shall  report  in  writing  to  the  public  adminis- 
trator the  name  of  every  person  not  a  member  of  his  family, 
wiio  shall  die  in  his  or  her  house,  within  twelve  hours  after  such 
death  ;  and  every  coroner,  within  twelve  hours  after  an  inquest, 
shall  report  to  the  public  administrator  the  name,  if  known,  of 
the  deceased  person.  Every  undertaker  shall  also  report  to  the 
public  administrator  within  twelve  hours  after  burial  by  him. 
any  deceased  person  having  no  next  of  kin  known  to  him  to  be 


NIK  ITHLIC  ADMINISTRATOR. 


91 


entitled  to  administer,  the  name  and  residence  of  such  deceased 
person,  Whoever  shall  neglect  to  comply  with  this  provision 
shall  he  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  he  punishable  by  imprisonment  in  the  penitentiary 
for  a  period  not  exceeding  six  months  nor  less  than  ono  month, 
or  hy  a  fine  of  one  hundred  dollars,  one  moiety  of  which  shall 
he  given  to  the  informer  and  the  other  moiety  paid  into  the  city 
treasury. 

§  i't7.  The  public  administrator  shall  cause  a  copy  of  the  last  ess  ch  . 
section  to  be  left  at  every  hoarding  and  lodging  house  in  the  city,  N8,oomp  m 
at  least  once  in  each  year;  and  he  shall  not  be  entitled  to  recover  J,e™"f,  ^Sen 
of  any  person  the  penalty  given  by  the  last  section,  without  due  10  vered 
proof  of  the  service  of  a  copy  of  that  section,  personally  on 
the  defendant,  previous  to  the  neglect  for  which  such  suit  may 
he  brought,  and  within  one  year  before  the  commencement  of 
such  suit. 

§  248.  In  all  actions  or  proceedings,  in  either  the  State  or  isso.ch.s.jji.a.s 
Tnited  States  courts,  in  which  the  mavor,  aldermen,  and  com-  Cond  or  other 

'  t  security  may  be 

monalty,  or  any  department  thereof,  shall  be  a  party,  wherever  "Sprier 
an  undertaking,  bond,  security,  or  stipulation  is  required  as  a 
condition  to  the  obtaining  of  any  legal  remedy  or  process,  the 
perfecting  of  an  appeal  or  the  stay  of  execution,  or  other  writ  in 
the  nature  thereof,  such  undertaking,  bond,  or  stipulation  may 
be  executed  on  behalf  of  the  mayor,  aldermen,  and  commonalty 
by  the  comptroller,  upon  the  advice  of  the  counsel  to  the  cor- 
poration that  the  same  should  be  executed,  and  in  such  form  as 
he  may  approve;  or  security  may  be  given  in  such  manner  and 
form  as  the  said  counsel  to  the  corporation  may  advise.    Any  Bonds,  etc.. 
such  bond,  undertaking,  or  stipulation  executed  since  the  first  le"nl,ze'1 
day  of  January,  one  thousand  eight  hundred  and  eighty,  shall 
have  the  same  force  and  effect  as  if  executed  subsequent  to  the 
passage  of  this  act.    This  section  shall  not  affect  any  existing  Nottoaffeci 
provision  of  law  authorizing  municipal  corporations  to  stay  the  vfs?onsKoPia« -. 
execution  of  a  judgment,  or  order  appealed  from  without  an  un- 
dertaking or  other  security. 

§  249.  The  attorney  for  the  collection  of  arrears  of  personal 
taxes  shall,  before  entering  upon  the  duties  of  his  office,  execute  S«Mf 
a  bond  to  the  mayor,  aldermen,  and  commonalty,  with  one  or  1Iis  bond 
more  sureties,  to  be  approved  by  the  mayor,  comptroller,  or 
counsel  to  the  corporation,  in  the  penal  sum  of  ten  thousand 
dollars,  conditioned  for  the  faithful  performance  of  the  duties  of 
his  office,  and  the  payment  over  of  all  taxes  collected  by  him, 
which  bond  shall  he  filed  in  the  comptroller's  office. 


92 


THE  POLICE  DEPARTMKNT. 


CH  APT  Kit  VI 11. 


Police  Department. 


lRT3.ch.  886,(41, 
Comp.  2-19. 
Id.  |80. 

Comp.  252. 

KuIps.  etc.,  en- 
actment, molli- 
fication ami 
repeal  of. 
I873,ch.335.§48, 
Comp.  251. 
Board  of  police 
may  issue  sub- 
poenas. 61 
amine  wit- 
a  esses,  etc. 


l«$64,ch.403.  $71 
Comp.  262. 
Enforcement 
of  ordinances, 


I873,ch.  335,  £54, 
Comp.  252. 
Accommoda- 
tions for  deten- 
tion of  wit- 
nesses, etc. 


§  250.  The  government  and  discipline  of  the  police  department 
shall  he  such  as  the  hoard  of  police  may  from  time  to  time,  by 
rules  and  regulations,  prescribe.  The  hoard  are. empowered,  in 
their  discretion,  to  enact,  modify,  and  repeal,  from  time  to  time, 
orders,  rules,  and  regulations  of  general  discipline  of  the  subor- 
dinates under  their  control,  hat  in  strict  conformity  to  the  pro- 
visions of  this  chapter. 

§251.  The  board  of  police  shall  have  power  to  issue  sub- 
poenas, tested  in  the  name  of  its  president,  to  compel  the  attend- 
ance of  witnesses  upon  any  proceedings  authorized  by  its  rules 
and  regulations.  Each  commissioner  of  police,  the  superinten- 
dent thereof,  and  the  chief  clerk  and  deputy  thereof,  are  hereby 
authorized  and  empowered  to  administer  affirmations  and  oaths 
to  any  person  summoned  and  appearing  in  any  matter  or  pro- 
ceeding, authorized  as  aforesaid,  and  in  all  matters  pertaining  to 
the  department  or  the  duties  of  any  officer,  or  to  take  any  de- 
positions necessary  to  be  made  under  the  orders,  rules,  and  regU; 
lations  of  the  board  of  police,  or  for  the  purposes  of  this  chapter. 
Any  person  making  a  complaint  that  a  felony  or  misdemeanor 
has  been  committed,  may  be  required  to  make  affirmation  or 
oath  thereto,  and  for  this  purpose  the  inspectors,  captains  and 
sergeants  of  police  shall  have  power  to  administer  affirmations 
and  oaths.  Any  willful  or  corrupt  false  swearing,  by  any  wit- 
ness or  person,  to  any  material  fact  in  any  necessary  proceeding 
under  the  said  orders,  rules,  and  regulations,  or  under  this 
chapter,  shall  he  deemed  perjury,  and  punished  in  the  manner 
now  prescribed  by  law  for  such  offense. 

§  252.  The  hoard  of  police  shall  at  all  times  cause  the  6r- 
dinances  of  the  city  of  New  York,  not  in  conflict  with  law,  to  be 
properly  enforced.  And  it  shall  be  the  duty  of  said  board  at  all 
times,  whenever  consistent  with  the  rules  and  regulations  of  the 
board,  and  with  the  requirements  of  this  chapter,  to  furnish  all 
information  desired. 

§  253.  The  board  of  police  shall  provide  suitable  accomoda- 
tions for  the  detention  of  witnesses  who  are  unable  to  furnish 
security  for  their  appearance  in  criminal  proceedings,  to  be  called 


4 


POWERS  OF  POLICK  BOARD.  93 

the  house  for  the  detention  of  witnesses:  and  such  accommoda- 
tion shall  he  in  premises  other  than  those  employed  for  the  con- 
finement of  persons  charged  with  crime,  fraud,  or  disorderly 
conduct,  and  he  in  command  of  a  sergeant  of  police.  And  it 
shall  he  the  duty  of  all  magistrates,  when  committing  wit- 
nesses in  default  of  hail,  to  commit  them  to  such  house  of 
detention  of  witnesses  now  or  hereafter  to  be 'used  for  such 
purpose. 

§  2{>4,  The  hoard  of  police  may,  with  the  authority  and  ap-  SSm^'sSi?'*19' 
proval  of  the  mayor  and  common  council  from  time  to  time,  hut  :, 
with  special  reference  to  locating  the  same  as  centrally  in  pre-  mcntof- 
cincts  as  possible,  establish,  provide,  and  furnish  stations  and 
station-houses,  or  sub-stations,  and  sub-station  houses,  at  least 
one  to  each  precinct,  for  the  accommodation  thereat  of  members 
of  the  police  force,  and  as  places  of  temporary  detention  for  per- 
sons arrested  and  property  taken  within  the  precinct;  and  shall 
also  provide  and  furnish  such  business  accomodations,  apparatus, 
and  articles,  and  provide  for  the  care  thereof,  as  shall  be  necessary 
for  the  department  of  police  and  the  transaction  of  the  business 
of  the  department. 

§  2.~>5.  The  board  of  police  shall  have  power  to  erect,  operate,  i8e7,ch.K>6,  $21, 
supply,  and  maintain,  under  the  general  laws  of  the  State  re-  Tehxra^for 
lating  to  telegraphs,  all  such  lines  of  telegraph  to  and  between  J"^' pur" 
such  places  in  the  city  as  for  the  purposes  and  business  of  the 
police  the  board  shall  deem  necessary.    Said  board  may  procure 
and  control  all  instruments,  fixtures'  property,  and  materials 
procured  for  the  purpose  above  mentioned,  but  the  cost  there- 
of shall  be  chargeable  to  general  expenses  of  police.  The 
board  of  police  is  hereby  permitted  to  use  the  said  telegraph 
lines  to  aid  them  in  facilitating  the  operations  of  the  department 
of  health,  and  when  so  used  the  expense  thereof  shall  be  charged 
to  the  said  department  of  health. 

25G.  In  the  performance  of  police  service  in  any  precinct  or  issr.ch.soe.jii, 
precincts  comprising  waters  of  the  harbor,  the  board  of  police  ^"^'^ 
may  procure  and  use  and  employ  such  row-boats  and  steam-  ^'r0t°.^),aK 
boats  as  shall  be  deemed  necessary  and  proper.    In  rural  or  ^  c^,?'^5' 
sparsely  inhabited  precincts  they  may  establish  a  mounted  patrol, 
and  procure  and  use  and  employ  so  many  horses  and  equip- 
ments as  shall  be  requisite  for  the  purpose;  and  they  may  pro- 
cure and  cause  to  be  used  any  teams  and  vehicles  required  to 
transport  prisoners,  supplies  and  property,  whenever  it  shall  be 
proper  and  economical  to  do  so;  and  may  sell  and  dispose  of  in 
accordance  with* law  any  personal  property  owned  or  used  in  the 
department  whenever  it  shall  have  become  old  and  unfit,  and  not  - 
required  for  service.    And  they  shall  have  authority  to  detail 
and  employ  patrolmen  in  any  duty  or  service  other  than  patrol 


POWERS  OF  POLICE  BOARD. 


[8flB,ch.6881  n*. 
Comp.  1408. 
Board  of  police 
i<>  have  experi- 
enced person 

intend  courts. 


m;,  i-ii.  *«,  ?\ 
Comp.  868. 
See  1873.  cli.  885, 
149 


isor.  ch.  sou,  jit 

Comp.  882. 


|gfS,  Ch.  675.  i'.'. 
Comp.  79fl. 


To  appoint  n 
chief  of  the 

bureau  of 
elections. 


Tei  in  of  oftice 
and  salary. 
Removahle  for 
cause. 

As  to  elections. 


1866,  ch.  74,  §17, 
Comp.  434. 
Police  board  to 
advise  health 
hoard  of 
danger. 

See  41  N.  Y. 
Supr.  333. 

1867,  ch.  95G. 
§21,  Comp.  868. 


duty,  which  may  be  necessary  and  proper  to  enable  said  board  to 
exercise  the  powers  and  perform  the  dutiosand  business  imposed 
and  required  by  law. 

£  257.  It  shall  be  the  duty  of  the  board  of  police  to  cause  some 
intelligent  and  experienced  person  connected  with  the  police 
force  to  attend  at  the  police  courts  in  cases  where  there  is  need 
of  such  assistance,  who  shall,  to  such  extent  as  the  rules  of  the 
board  of  police  justices  may  reasonably  require,  aid  in  bringing 
the  facts  before  the  police  justices  in  proceedings  pending  in  Ktefa 
police  courts. 

^  258.  It  shall  be  the  duty  of  the  board  of  police,  and  said 
board  is  hereby  empowered  to  provide  for  the  lodging  of  vagrant 
and  indigent  persons. 

£  250.  The  board  of  police  sball  have  authority  to  offer  rewards 
to  induce  all  classes  of  persons  to  give  information  which  shall 
lead  to  the  detection,  arrest,  and  conviction  of  persons  guilty  of 
homicides,  arsons,  or  receiving  stolen  goods,  knowing  them  to 
be  stolen;  and  to  pay  such  rewards  to  such  persons  as  sball  give 
such  information. 

§  200.  It  is  hereby  made  the  duty  of  the  board  of  police  to 
continue  the  bureau  in  the  office  of  the  department  of  police, 
known  and  designated  as  the  bureau  of  elections.  Tire  affairs 
of  said,  bureau  shall,  under  and  subject  to  such  rules,  regula- 
tions and  orders  as  may  from  time  to  time  be  made  and  adopted 
by  said  board  of  police,  by  managed,  conducted,  and  carried  on 
by  a  suitable  and  proper  person,  chosen  and  selected  by  said 
board,  who  shall  be  known  as  the  chief  of  the  bureau  of  elec- 
tions, shall  hold  office  for  the  period  of  three  years,  and  whose 
salary  shall  be  fixed  and  paid  by  said  board,  at  such  sum  as  they 
shall  deem  proper,  not  exceeding  five  thousand  dollars,  and  shall 
be  removable  by  the  hoard  of  police  for  cause.  It  shall  be  the 
duty  of  the  hoard  of  police  to  perform  all  the  duties  imjK)sed 
upon  them  in. sections  eighteen  hundred  and  forty-five,  eigh- 
teen hundred  and  forty-six,  eighteen  hundred  and  forty-seven, 
eighteen  hundred  and  fifty,  eighteen  hundred  and  fifty-two, 
eighteen  hundred  and  fifty  three  and  eighteen  hundred  and 
seventy-three. 

£  261.  It  shall  be  the  duty  of  the  board  of  police  (and  of  its 
officers  and  men,  as  said  board  shall  direct),  to  promptly  advise 
the  hoard  of  health  of  all  threatened  danger  to  human  life  or 
health,  and  of  all  matters  thought  to  demand  its  attention,  and 
to  regularly  report  to  said  board  of  health  all  violations  of  its  rules 
and  ordinances;  and  of  the  health  laws  and  all  useful  sanitary  in- 
formation. Said  boards  shall,  so  far  as  practicable  and  appro- 
priate, co-operate  for  the  promotion  of  the  public  health  and  the 
safety  of  human  life  in  said  city.  It  shall  be  the  duty  of  said  board 


POWERS  OF  POLICE  BO  LRD. 


I'nU  I'lS  ill  I II  i 


Comp.  l&J. 


I.W, 


« * l  police,  by  and  through  its  proper  officers,  agents,  and  men,  to 

faithfully  and  at  the  proper  time  enforce  and  execute  the  sani 
tary  rules  and  regulations,  and  the  orders  of  said  board  of 
health  (made  pursuant  to  the  power  of  said  hoard  of  health), 
upon  the  same  being  receivod  in  writing  and  duly  authenticated 
as  -aid  hoard  of  health  may  direct.  Said  board  of  police  is  au- 
thorized to  employ  and  use  the  appropriate  persons'and  means,  ^iv.^n'.illtof " 
and  to  make  the  necessary  and  appropriate  expenditures  for  the  -,im,alv  ni1" 
execution  and  enforcement  of  said  rules,  orders,  and  regula- 
tions, and  such  expenditures,  so  far  as  the  same  may  not  bo  re- 
funded or  compensated  by  the  means  herein  elsewhere  provided, 
shall  be  paid  as  the  other  expenses  of  said  board  of  health  are 
paid.  In  and  about  the  execution  of  any  Older  of  the  board  of 
health  or  of  the  board  of  police  made  pursuant  thereto,  police 
officers  and  policemen  shall  have  as  ample  power  and  authority  as 
when  obeying  any  order  of  or  law  applicable  to  the  board  of  po- 
lice, or  as  if  acting  under  a  special  warrant  of  a  justice  or  judge, 
duly  issued  ;  but  for  their  conduct  they  shall  be  responsible  to 
the  board  of  police  and  not  to  the  board  of  health.  The  board  i8ra,ch;885,|w. 
of  health  may,  with  the  consent  of  the  board  of  police,  impose 
any  portion  of  the  duties  of  subordinates  in  said  department 
upon  subordinates  in  the  police  department. 

?j  262.  The  police  department,  through  its  treasurer,  and  in  isra,  ch. 
pursuance  of  the  orders,  rules,  and  regulations  of  the  board,  Paymentd 
shall  pay  all  salaries  and  wages  to  the  officers  and  members  of  snlams  etc 
the  police  department  and  force,  as  established  by  and  in  pursu- 
ance of  law.  and  all  bills,  claims,  and  obligations  lawfully 
incurred  by  or  by  authority  of  said  board  :  and  the  comptroller 
shall  pay  over  to  the  treasurer  of  police,  on  the  requisition  of 
the  board  of  police,  the  total  amount  annually  estimated,  levied, 
raised,  and  appropriated  for  the  support  and  maintenance  of  the 
police  department  and  force,  from  time  to  time,  and  in  such 
sums  as  shall  be  required  (not  exceeding  one-twelfth  part  of  said 
total  annual  amount  in  any  one  month),  and  the  treasurer  of 
police;  if  required  by  the  comptroller,  shall  transmit  to  the  de- 
partment of  finance,  each  month,  duplicate  vouchers  for  the 
payment  of  all  sums  of  money  made  on  account  of  the  police 
department  during  each  month.  The  board  of  police  shall  pro- 
cure and  pay  for  all  printing,  books,  blanks,  paper,  and  other 
articles  of  stationery  required  for  the  administration  and  busi-  Books- etc- 
ness  of  the  department  and  each  bureau  thereof. 

§  2t!3.  Any  one  of  the  commissioners,  or  any  member  of  the  .oal  , 

m  ch.  41,  SC 

police  force,. Who  shall,  after  qualifying  in  office,  accept  any  "^"^^g  s.> 
additional  place  of  public  trust,  or  civil  emolument,  or  who  comp  ara.| 

1  ■  Acceptance  of 

shall  during  his  term  of  office  be  publicly  nominated  for  any  X"u"eoXef°o 
office  elective  by  the  people,  and  shall  not  within  ten  days  sue-  v"cate  office. 


96 


I'OWKKs  OK  I'OLK'K  l;oAKI>. 


Votes  Lli ns  oust 
to  be  void. 


l8M,Cb.  103,  $18, 

Com  p.  859. 
President  i  f  the 
board,  power-, 
and  datlefl 
Id.  $19. 
Treasurer. 


I878,cb.885,  j.'i 
Comp.  253. 
Treasurer  to 
Kive  bond. 


is;:},  ch.  755.  ji. 
( lomp.  958, 
1878,  ch.  885,  {40, 
i  lomp.  249. 
Police  Coioe, 
nf  whom  1 1 1 
i-oiisist 
See  1873.  ch. 
333.  MO, 


I  norms  ol 


180-1.  ch.408,$ie 
Con, p.  25!'. 


is;  3,  ch..m  s'us. 

Cotnp.  255. 
Designating 
person  to  act  in 
case  of  i'Jness. 
etc.,  of 

superintendent. 


lS73.ch.?33,  §W. 
Comp.  253. 
Police  sur- 
geons' duties 
and  districts. 
1867,  ch.  950421. 
Comp.  268. 


feeding  the  same  publicly  decline  tlx.'  said  nomination,  shall  be 
in  either  case  deemed  thereby  to  have  resigned  his  commission 
and  to  have  vacated  his  office,  and  all  votes  east  at  any  election 
for  any  person  holding  the  office  of  police  commissioner,  or 
within  thirty  days  after  he  shall  have  resigned  such  office, 
shall  be  void. 

§  204.  The  commissioners  of  police  shall  annually,  or  asoften 
a.s  a  vacancy  shall  occur,  elect  one  of  their  number  to  act  as  the 
president  of  the  board  of  police.  He  shall  preside  at  the  meet- 
ings of  the  board.  They  shall  select  one  of  their  number  to  be 
the  treasurer  of  police.  He  shall  be  the  fiscal  officer  of  the 
police.  He  shall,  on  check  and  voucher,  duly  disburse,  by  order 
of  the  said»  police  board,  all  moneys  belonging  to  the  police 
fund,  and  shall  deposit  the  same,  when  paid  to  him,  in  a  bank 
or  banks  designated  by  said  board.  The  treasurer  sball  give 
a  bond,  with  two  sureties,  in  the  sum  of  twenty  thousand 
dollars  each,  for  the  faithful  performance  of  his  duties; 
said  bond  to  be  approved  by  the  comptroller  and  filed  in  his 
office. 

?  265.  The  police  force  shall  consist  of  one  superintendent  oi 
police,  four  inspectors  of  police;  captains  of  police,  not  exceed- 
ing in  number  one  to  each  fifty  of  the  total  number  of  patrol- 
men :  sergeants  of  police,  not  exceeding  four  in  number  to  each 
fifty  of  the  total  number  of  patrolmen*  doormen  of  police,  not 
exceeding  two  in  number  to  each  fifty  of  the  total  number  of 
patrolmen  :  not  exceeding  twenty-two  surgeons  of  police,  one 
of  whom  shall  be  designated  as  chief  surgeon;  and  patrolmen  to 
the  number  of  two  thousand  three*  hundred.  The  board  of 
police  shall  have  power  to  increase  the  police  force  by  adding  to 
the  number  of  patrolmen  from  time  to  time,  as  far  as  the  funds 
appropriated  allow,  but  such  increase  shall  not  exceed  one 
hundred  in  any  one  year. 

206.  Whenever  a  vacancy  shall  occur  in  the  office  of  super- 
intendent of  police,  and  in  the  absence  or  disability  of  the  said 
superintendent,  the  president  shall  possess  all  the  powers  and 
perform  all  the  duties  of  that  office,  subject  to  the  orders,  rules, 
and  regulations  of  the  board  of  police.  But  the  commissioners 
of  police  may,  by  resolution,  designate  such  other  officer  of  the 
police  force  as  they  may  choose  to  execute  and  perform  the 
duties  of  the  superintendent  during  the  period  of  such  absence 
or  disability. 

§  207.  The  duties  of  the  police  surgeons,  and  the  extent  and 
bounds  of  their  districts,  shall  be  assigned,  from  time  to  time, 
by  the  rules  and  regulations^  the  board  of  police.  The  board 
of  police  may,  if  requested  by  the  board  of  health,  employ  their 
surgeons  to  aid  the  sanitary  inspectors  in  the  discharge  of  their 


THE  POLICE  FORCE 


dutieSj  under  such  regulations  and  order  as  the  hoard  of  police 
may  make  and  issue. 

§  268.  No  person  shall  ever  be  appointed  to  membership  in  ;^,,^;-u' 
the  police  forc£.  or  continue  to  hold  membership  therein,  who  is  Qimimeattag 

1  ~  1  fiiriiiHinL«Tshl|> 

not  a  citizen  of  the  United  States,  or  who  has  ever  been  con-  *r  «•'• 
victed  of  crime,  or  who  cannot  read  and  write  understanding^ 
in  the  English  language,  or  who  shall  not  have  resided  within 
the  State  one  year,  but  skilled  officers  of  experience  may  he  ap-  ^  .  ..  ^ 
pointed  for  detective  duty  who  have  not  resided  as  herein  re-  ^nV^s. 
quired.  No  person  shall  be  appointed  patrolman  who  shall  be 
at  the  date  of  such  appointment  over  thirty  years  of  age,  or 
who  shall  have'  been  convicted  of  any  crime  ;  nor  shall  any  per- 
son who  shall  have  been  a  member  of  the  force  and  resigned,  or 
been  dismissed  therefrom  be  reappointed,  except  by  the  concur- 
ring vote  of  all  the  commissioners  comprising  the  board,  to  be 
taken  by  yeas  and  nays,  and  recorded  in  the  minutes.  The 
name,  resilience,  and  occupation  of  each  applicant  for  appoint- 
ment to  any  position  in  the  police  department,  as  well  as  the 
name,  residence,  and  occupation  of  each  person  appointed-to  ap- 
position, shall  be  published,  and  such  publication  shall,  in  every 
instance,  be  made  on  the  Saturday  next  succeeding  such  appli- 
cation or  appointment  in  the  City  Record.' 

26?.  Th*>  board  of  police  may,  upon  an  emergency  or  ap-  psf'con^'aso. 
prehension  of  riot,  tumult,  mob.  insurrection,  pestilence,  or  Special  patrol- 
invasion,  appoint  as  manv  special  patrolmen  without  pay  from  Military 

■  -  HSSistflllCC 

among  the  citizens  as  it  may  deem  desirable.    The  board  of 
police,  with  the  approbation  in  writing  of  the  mayor,  or,  in  case 
of  their  disagreement,  the  governor,  may,  under  similar  circum- 
stances, demand  the  assistance  of  the  military  of  the  first  divis- 
ion, or  of  any  brigade,  regiment,  or  company  thereof,  by  order 
in  writing,  served  upon  the  commanding  officer  of  such  divis- 
ion, and  such  commanding  officer  shall  obev  such  order.  Special  wra,  cfojw  H 
patrolmen,  appointed  m  pursuance  of  law,  may  be  dismissed  by  Qualifications 
resolution  of  the  board  ;  and  while  acting  as  such  special  patrol-  i^°ch.  886. 
men  shall  possess  the  powers,  perform  the  duties,  and  be  sub-  S48'  °°mp' 
ject  to  the  orders,  rules,  and  regulations  of  the  board,  in  the 
same  manner  as  regular  patrolmen.    Every  such  special  patrol- 
man shall  wear  a  badge,  to  be  prescribed  and  furnished  by  the 
board  of  police. 

§  270.  Everv  member  of  the  police  force  shall  have  issued  to  iara, cu. 883, 

",„■,.  e  •  $56,  Comp. 

him,  by  the  board  of  police,  a  proper  warrant  of  appointment,  warrants  of 
signed  by  the  president  of  said  board  and  chief  clerk  or  first  appomtmen  ■ 
deputy,  which  warrant  shall  contain  the  date  of  his  appoint-  offl^a'loatn 
ment  and  his  ralik.    Each  member  of  the  police  force  shall, 
before  entering  upon  the  duties  of  his  office,  take  an  oath  of 


D8 


J I  i  l ;  POLICE  FOR*  E 


i«ra.  eh.  :x>.  ye. 

lump  250. 


iW3.  oh.  335 

$55,  Coinp.  253 
Dismissals, 
etc..  from 
police  force. 
72  N.  Y.  (15; 
90  Hun  888,  MB. 


1 878,  ch. 885,  |41, 
(  omp.  860. 

or  n.y.  iri. 


«4' 


I873.cli.33.-.. 
Comp.  961. 
Resignation*, 
etc. 

See  18T3.  ch.755. 
$4. 

1873.  ch.  765,  $5, 
C'omp.  257. 


iS73,ch.*S,  g-J.!. 
C'omp.  250. 
1873,  ch.  755,  §2. 
(.'omp.  250. 
Present  force 
and  pay 
continued. 
75  N.  Y.  3S; 
17  Him, 280: 
77  N.  Y.  347. 


1873,ch.335  $53. 
C'omp.  252. 
Exemption 
from  jury  and 
military  duty. 


lSH,ch.-(03,  §01, 
C'omp.  202. 


office,  and  subscribe  the  same  before  any  officer  of  the  police 
department  who  is  empowered  to  administer  an  oatli. 

£  271.  Promotions  of  officers  and  members  of  the  police  force 
shall  In-  made  by  the  hoard  only  on  grounds  of  meritoriou.- 
police  service  and  superior  rapacity,  and  shall  he  as  follow-  : 
Sergeants  of  police  shall  he  selected  from  among  patrolmen 
assigned  to  duty  as  roundsmen  ;  captains  from  among  sergeants  ; 
and  inspectors  from  among  captains. 

§  -272.  The  hoard  of  police  shall  have  power,  in  its  discretion, 
on  conviction  of  a  member  of  the  force  of  any  legal  offense  or 
neglect  of  dut)\  or  violation  of  rules,  or  neglect  or  disobedience 
of  orders,  or  absence  without  leave,  or  any  conduct  injurious  to 
the  public  peace  or  welfare,  or  immoral  conduct,  or  conduct  un- 
becoming an  officer,  or  other  breach  or  discipline,  to  punish  the 
offending  party  by  reprimand,  forfeiting  and  withholding  pay 
for  ft  specified  time,  or  dismissal  from  the  force:  but  no  more 
than  thirty  days' pay  shall  he  forfeited  for  any  offense.  All 
such  fines  shall  be  paid  forthwith  to  the  treasurer  of  the  depart- 
ment to  the  account  of  the  police  life  insurance  fund.  Members 
of  the  police  force  shall  be  removable  only  after  written  charges 
shall  have  been  preferred  against  them,  and  after  the  charges 
have  been  publicly  examined  into,  upon  such  reasonable  notice 
to  the  person  charged,  and  in  such  manner  of  examination  as 
the  rules  and  regulations  of  the  board  of  police  may  prescribe. 

273.  No  member  of  the  police  force,  under  penalty  of  for- 
feiting the  salary  or  pay  which  may  be  due  to  him.  shall  with- 
draw or  resign,  except  by  permission  of  the  board  of  police. 
Unexplained  absence,  without  leave,  of  any  member  of  the  po- 
lice force,  for  five  days,  shall  be  deemed  and  held  to  he  a  resig- 
nation, and  the  member  so  absent,  shall,  at  the  expiration  of 
said  period,  cease  to  be  a  member  of  the  police  force. 

§  274.  Every  person  connected  with  the  police  department  on" 
the  thirtieth  day  of  April,  eighteen  hundred  and  seventy-three, 
and  who  remains  so  connected  shall  continue  in  office,  and  the 
amount  of  salary  or  compensation  then  legally  paid  to  such  per- 
son, except  as  in  this  act  otherwise  provided  or  authorized,  shall 
be  the  salary  and  compensation  fixed  for  his  office;  but  the  com- 
missioners ma3"  fix  the  salary  and  compensation  of  such  clerks 
and  employees  other  than  policemen  whom  they  may  be  author- 
ized by  law  to  employ. 

§  275.  No  person  holding  office  under  this  department  shall  be 
liable  to  military  or  jury  duty,  and  no  officer  or  patrolman  while 
actually  on  duty  shall  be  liable  to  arrest  on  civil  process,  or  to 
service  of  subpoena  from  civil  courts.  ♦ 

§  27G.  No  member  of  the  board  of  police,  under  any  pretense 
whatsoever,  shall,  for  his  own  benefit,  share  in  any  present,  fee. 


POWERS  OF  MKMBKUH  OK  POLICE  FORCE.  !»!* 

gift  01*  emolument,  tor  police  services,  additional  to  his  regular  MtmbeMiiotto 

salary  or  cosVkpensation.    The  board  of  police,  (>>r  meritorious  11 

and  extraordinary  services  rendered  by  any  member  of  the  AuthorMg  to 

police  force  in  the  due  discharge  of  liis  duty,  may  permit  "*  '  " 

any  member  of  the  police  force  to  retain  for  his  own  benefit  any 

reward  or  present  tendered  him  therefor;  and  it  shall  be  cause  of 

removal  from  the  police  for  any  member  thereof  to  receive  any 

such  reward  or  present  without  notice  thereof  to  the  board  of 

police.    Upon  receiving  said  notice,  the  said  board  may  either 

order  the  said  member  to  retain  the  same,  or  shall  dispose  of  it 

for  the  benefit  of  the  police  life  insurance  fund. 

The  several  members  of  the  police  force  shall  have  ism, <&.«», faff, 
power  and  authority  to  immediately  arrest,  without  warrant.  Arrests  without 


wan-ant. 


and  to  take  into  custody,  any  person  who  shall  commit,  or 
threaten,  or  attempt  to  commit,  in  the  presence  of  such  mem- 
ber, or  within  his  view,  any  breach  of  the  peace  or  offense  di- 
rectly prohibited  by  act  of  the  legislature,  or  by  any  ordinance 
of  the  city.    The  members  of  the  police  force  shall  possess,  in  the  i8ra.ch.885,  $51. 
city  of  New  York  and  in  every  part  of  this  State,  all  the  com-  cieroraip^wers 
inon  law  and  statutory  powers  of  constables,  except  for  the  of  ,M,llce  foreP" 
service  of  civil  process,  and  any  warrant  for  search  or  arrest,  is- 
sued by  any  magistrate  of  this  State,  may  be  executed,  in  any 
part  thereof,  by  any  member  of  the  police  force,  and  all  the 
provisions  of  sections  seven,  eight,  and  nine  of  chapter  two,  title 
two,  part  four  of  the  revised  statutes,  in  relation  to  the  giving 
and  taking  of  bail,  shall  apply  to  this  chapter. 

§  27S.  Any  member  of  the  police  force,  as  the  regulations  of  1s0G.cn.  u.jn. 
said  boardf  may  provide,  may  arrest  any  person  who  shall,  in  Arrest  for  vio- 
view  of  such  member,  violate,  or  do.  or  be  engaged  in  doing  or  la,innsof  act- 
committing  in  said  city,  any  act  or  thing  forbidden  by  chapter 
twelve  of  this  act,  or  by  any  law  or  ordinance,  the  authority 
conferred  by  which  is  given  to  the  board  of  health,  or  who  shall, 
in  such  presence,  resist  or  be  engaged  in  resisting  the  enforce- 
ment of  any  of  the  orders  of  said  board,  or  of  the  board  of  police 
pursuant  thereto.    And  any  person  so  arrested  shall  be  there-  violations  of 
after  treated  and  disposed  of  as  any  other  person  duly  arrested  £?eanors!c' 
for  a  misdemeanor. 

§  270.  In  every  case  of  arrest  by  any  member  of  the  police 
force,  the  same  shall  be  made  known  immediately  to  the  supe- 
rior on  duty  in  the  precinct  wherein  the  arrest  was  made,  by  the  c^^  sea  * 
person  making  the  same;  and  it  shall  be  the  duty  of  the  said  su- 
perior, within  twenty-four  hours  after  such  notice,  to  make 
written  return  thereof,  according  to  the  rules  and  regulations  of 
the  board  of  police,  with  the  name  of  the  party  arrested,  the  i8ra,cb.886,ise, 
alleged  offense,  the  time  and  place  of  arrest,  and  the  place  ofde-  Toconwy 
tention.    Each  member  of  the  police  force,  under  the  penalty  of  forennearest' 


Returns  of 


POWERS  OF  MEMBERS  OF  POLICE  FORCE. 


MtliiiK  ma«is 
I  rati-. 

When  cletaineil 
at  station- 
hoiiHtv 


I804,eh.  108,  IMS, 
Comp.  !!8I. 
Penalty  for  re- 
sisting police- 

men  by  force, 
or  for  falsely 
personating 
policeman. 


lSU-ti.-li.403,  fc-.W 
Comp.  'Jo9. 


Misdemeanor 
for  persons  not 
members  of  po- 
lice  force  to 
serve  process. 
1867,ch.80G.§U, 
t'onip.  2G3. 


ten  days'  fine,  or  dismissal  from  the  force,  at  the  discretion  of 
the  board,  shall,  immediately  upon  an  arrest,  convey  in  person 
the  offender  before  the  nearest  sitting  magistrate,  that  he  may 
he  dealt  with  according  to  law.  If  the  arrest  is  made  during  the 
hours  that  the  magistrate  does  not  regularly  hold  court,  or  if  the 
magistrate  is  not  holding  court,  such  offender  may  be  detained 
in  a  station-house  or  precinct  thereof,  until  the  next  regular 
public  sitting  of  the  magistrate,  and  no  longer,  and  shall  then 
he  conveyed  without  delay  before  the  magist  rate  to  be  dealt  with 
according  to  law.  And  it  shall  be  the  duty  of  the  said  board, 
from  time  to  time,  to  provide  Suitable  rules  and  regulations  to 
prevent  the  undue  detention  of  persons  arrested,  which  rules  and 
regulations  shall  be  as  operative  and  binding  as  if  herein  specially 
enacted,  subject,  however,  to  the  order  of  the  court  committing 
the  person  arrested. 

§  280.  It  shall  be  a  misdemeanor,  punishable  by  imprison- 
ment in  the  penitentiary,  for  not  less  than  one  year,  nor  exceed- 
ing two  years,  Or  by  a  fine  of  not  less  than  two  hundred  and 
fifty  dollars,  for  any  person,  without  justifiable  or  excusable 
cause,  to  use,  or  to  incite  any  other  person  to  use  personal  vio- 
lence upon  any  member  of  the  police  thereof,  when  in  the  dis- 
charge of  his  duty,  or  .tor  auv  member  of  the  }>olice  force  to 
willfully  neglect  making  any  arrest  for  an  offense  against  the 
law  of  this  State,  or  ordinance  in  force  in  the  city  of  New  Fork, 
or  for  any  person  not  a  member  of  the  police  force  to. falsely  rep- 
resent himself  as  being  such  member,  with  a  fraudulent  design 
upon  persons  or  property,  or  upon  any  day  or  time  to  have,  use, 
wear,  or  display,  without  authority,  any  shield,  buttons^vreaths, 
numbers,  or  other  insignia  or  emblem,  such  as  are  worn  by  the 
police. 

§  281.  It  shall  be  a  misdemeanor  for  any  person  not  being  a 
regular  member  of  the  police,  established  in  any  city  of  this 
State,  or  a  member  of  the  police  force,  of  the  city  of  New  York, 
or  a  constable  of  this  State,  or  a  police  constable,  or  assistant 
police  constable  or  a  sheriff,  or  one  of  the  usual  general  deputies 
of  any  sheriff  of  this  State,  to  serve  any  criminal  process  within 
the  said  city. 

§  282.  It  is  hereby  made  the  duty  of  the  police  force,  at  all 
times  of  day  and  night,  and  the  members  of  such  force  are  here- 
by thereunto  empowered,  to  especially  preserve  the  public  peace, 
prevent  crime,  detect  and  arrest  offenders,  suppress  riots,  mobs, 
and  insurrections,  disperse  unlawful  or  dangerous  assemblages, 
and  assemblages  which  obstruct  the  free  passage  of  public  streets, 
sidewalks,  parks,  and  places;  protect  the  rights  of  persons  and 
property,  guard  the  public  health,  preserve  order  at  elections  and 
all  public  meetings  and  assemblages,  prevent  and  regulate  the 


POWERS  <>K  SUPERINTENDENT   \M>  CAPTAINS. 


101 


movement  of  teams  and  vehicles  in  streets,  anil  remove  all  nui-  Duty  of  tba 
sauces  in  the  public  streets,  parks,and  highways; arrest  all  street 
mendicants  and  beggars;  provide  proper  police  attendance  at  fires: 
assist,  advise,  and  protect  emigrant s,  strangers,  and  travelers  in 
public  streets,  at  steamboat  and  ship  landings,  and  at  railroad 
stations;  carefully  observe  and  inspect  all  places  ofpublicamuse 
ment,  all  places  of  business  having  excise  or  other  licenses  to 
carry  on  any  business;  all  houses  of  ill  fame  or  prostitution,  and 
houses  where  common  prostitutes  resort,  or  reside;  all  lottery 
offices,  policy  shops,  and  places  where  lottery  tickets  or  lottery 
policies  are  sold  or  offered  for  sale:  all  gambling-houses,  cock- 
pits, rat-pits,  and  public  common  dance-houses,  and  to  repress 
and  rest  rain  all  unlawful  or  disorderly  conduct  or  practices  there- 
in; enforce  and  prevent  the  violation  of  all  laws  and  ordinances, 
in  force  in  said  city;  and  for  these  purposes,  with  or  without 
warrant,  to  arrest  all  persons  guilty  of  violating  any  law  or  or- 
dinance for  the  suppression  or  punishment  of  crimes  or  offenses. 

S?         The  superintendent  of  police,  and  each  cantain  of  "*••«•»'• 

Comp.  200. 

police  within  his  precinct,  shall  possess  powers  of  general  police  oenoaipowew 
supervision  and  inspection  over  all  liceuscd  or  unlicensed  pawn-  km^Vru"!',. 
brokers,  venders,  junk-shop  keepers,  junk-boatmen,  cartmen. 
dealers  in  second-hand  merchandise,  intelligence-office  keepers, 
and  auctioneers,  within  the  said  city;  and  in  the  exercise  of  and 
in  furtherance  of  said, supervision,  may  from  time  to  time  em- 
power members  of  the  police  force  to  fullfil  such  special  duties 
in  the  aforesaid  premises  as  may  be  from  time  to  time  ordained 

by  tho  board  of  police.    The  said  superintendent,  and  each  cap- 

•*  .'•"       '«  1  Searches, 

tain  within  his  precinct,  may,  by  authority  in  writing,  empower 

any  member  of  the  police  force,  whenever  such  member  shall  be 
in  search  of  property  feloniously  obtained,  or  in  search  of  sus- 
pected offenders,  or  evidence  to  convict  any  person  charged  with 
crime,  to  examine  the  books  of  any  pawnbroker,  or  his  business 
premises,  or  the  business  premises  of  any  licensed  vender,  or 
licensed  junk-shop  keeper,  or  dealer  in  second-hand  merchandise, 
or  intelligence-office  keeper,  or  auctioneer,  or  boat  of  any  junk- 
boatman.  Any  such  member  of  the  police,  when  thereto  author- 
ized in  writing  by  the  said  superintendent,  shall  be  authorized  to 
examine  property  alleged  to  be  pawned,  pledged,  deposited,  lost 
or  stolen,  in  whosesoever  possession  said  property  may  be;  but  no 

such  propertv  shall  bo  taken  from  the  possessor  thereof  without  . 

-  .nr.  1  •  Interference 

due  process  or  authontv  ot  law.    Anv  willful  interference  with  with  search* 

*  •   •*  misdemeanor 

the  said  superintendent  or  captain  of  police,  or  with  any  mem- 
ber of  the  police  force,  by  any  of  the  persons  hereinbefore 
named  in  this  section,  whilst  in  official  discharge  of  duty,  shall 
be  punished  as  a  misdemeanor. 

^  2S+.  The  superintendent  of  police  and  "captains  of  police 


1 02 


SALARIES  OP  POLICE  FOBCE. 


1864,  ch.403,gii. 
Comp.  200. 
Suppression  of 

gaining  houses 
anil  lewd  niwl 
obscene 
exhibitions 


1878,  cli  8SS,  g68, 
Comp.  253. 
Id.  §59. 

Detail  of  patrol- 
men at  polls. 

To  prevent 
booths,  etc., 
being  erected 
near  polling 
places.  ' 


1864,  cli.403,  §C3. 
Comp.  201. 
Salaries. 
See  1873  ch.  335, 
§43;  17Hun,3SC: 


and  persons  acting  by  their,  or  by  either  of  their  Orders,  shall 
have  power  to  examine  the  hooks  of  any  pawnbroker,  his  clerk 
or  clerks,  if  they  deem  it  necessary,  when  in  search  of  stolen 
properly, and  any  person  having  in  his  |»os-ission  a  pawnbroker^ 
ticket,  shall,  when  accompanied  by  a  policeman,  or  by  an  order 
from  the  superintendent  of  police  or  captain  of  police,  he  allowed 
to  examine  the  property  purporting  to  he  pawned  hy  said  tickei ; 
hut  no  property  shall  he  removed  from  the'  possession  of  any 
pawnbroker  without  the  process  of  law  required  by  the  exist  in- 
laws of  this  State,  or  the  laws  and  ordinances  of  the  city  regu- 
lating pawnbrokers.  A  refusal  or  neglect  to  comply  in  any  re- 
spect with  the  provisions  of  this  section,  on  the  part  of  any  pawn- 
broker, his  clerk  or  clerks,- shall  he  deemed  a  misdemeanor,  and 
punishable  as  such. 

§  285.  If  any  member  of  the  police  force,  or  if  any  two  or 
more  householders  shall  report  in  writing,  under  his  or  their 
signature,  to  the  superintendent  of  police,  that  there  are  good 
grounds  (and  stating  the  same  i  for  helieving  any  house,  room, 
or  premises  within  the  said  city  to  be  kept  or  used  as  a  common 
gaming  house,  common  gaming  room,  or  common  gaming  prem- 
ises, for  therein  playing  for  wagers  of  money  at  any  game  of 
chance,  or  to  be  kept  or  used  for  lewd  and  obscene  purposes  or 
amusements,  or  the  deposit  or  sale  of  lottery  tickets  or  lottery 
policies,  it  shall  be  lawful  for  the  superintendent  of  police  to 
authorize,  in  writing,  any  member  or  members  of  the  police 
force  to  enter  the  same,  who  may  forthwith  arrest  all  persons 
there  found  offending  against  law,  hut  none  others;  and  seize 
all  implements  of  gaming,  or  lottery  tickets,  or  lottery  policies, 
and  convey  any  person  so  arrested  before  a  magistrate,  and  bring 
the  articles  so  seized  to  the  office  of  the  property  clerk.  It  shall 
be  the  duty  of  the  said  superintendent  of  police  to  cause  such 
arrested  person  to  be  rigorously  prosecuted,  and  such  articles 
seized  to  be  destroyed,  as  the  orders,  rules,  and  regulations,  of 
the  board  of  police  shall  direct. 

§  286.  It  shall  be  the  duty  of  the  superintendent  of  police  to 
detail,  on  each  day  of  election,  at  least  two  patrolmen  to  each 
election  poll.  It  shall  be  the  duty  of  the  police  force,  or  any 
member  thereof,  to  prevent  any  booth,  or  box,  or  structure  for 
the  distribution  of  tickets  at  any  election  from  being  erected  or 
maintained  within  one  hundred  and  fifty  feet  of  any  polling- 
place  within  the  city,  and  to  summarily  remove  any  such  booth, 
box,  or  structure,  or  close  and  prevent  the  use  thereof. 

§  287.  The  annual  salaries  and  compensation  of  the  members 
of  the  police  force  who  became  members  of  such  force  before 
May  twenty-ninth,  eighteen  hundred  and  eighty,  shall  be  as 
follows:  Of  the  superintendent,  six  thousand  dollars:  of  the 


PROPERTY  SEIZED  BY  POLICE  FORCE 


inspectors,  thirty-five  hundred  dollars  each ;  of  poliC6  surgeons,  j2S'Y,ift 
twenty-two  hundred  and  fifty  dollars  each;  of  the  captains,  two  "■■ '■■>> 
thousand  dollars  eaeh.  and  of  the  sergeaants,  sixteen  hundred 
dollars  each;  the  pay  of  each  such  patrolman  shall  he  at  the 
yearly  rate  of  twelve  hundred  dollars,  and  that  of  doorman  at 
the  rate  of  nine  hundred  dollars  per  year  each.    The  salary  WW, ch. sm, |8. 
attached  to  either  of  the  following  positions  shall  not  exceed  the  ariestaeSeh**1 
sum  here  designated  as  the  maximum  salary  of  BUCB  position 
when  held  hy  any  person  appointed  to  the  said  police  force  on 
or  after  May  twenty-ninth,  eighteen  hundred  and  eighty,  to 
wit:  For  an  inspector,  three  thousand  dollars;  for  a  captain, 
eighteen  hundred  dollars;  for  a  surgeon,  fifteen  hundred  dollars; 
for  a  sergeant,  twelve  hundred  and  fifty  dollars.    The  members 
of  the  uniform  force  of  the  police  department  appointed  to  said 
force  after  May  twenty-ninth,  eighteen  hundred  and  eighty, 
shall,  on  their  appointment,  become  members  of  what  shall  be 
known  as  the  third  grade,' at  a  salary  of  eight  hundred  dollars 
per  year;  after  two  years  of  service  irr  such  third  grade,  they 
shall,  if  their  conduct  and  efficiency  have  been  satisfactory,  be 
advanced  to  what  shall  be  known  as  the  second  grade,  at  a  salary 
of  nine  hundred  dollars  per  year;  after  two  years'  service  in 
such  grade,  they  shall,  on  like  conditions,  be  advanced  to  what 
shall  be  known  as  the  first  grade,  at  a  salary  of  one  thousand 
dollars  per  year.    But  no  member  of  such  uniform  force  shall  be 
so  advanced  as  aforesaid,  except  after  examination  by  and  ap- 
proval of  the  said  board  of  police  of  his  record,  efficiency,  and 
conduct.    The  salaries  and  pay  aforesaid  shall  be  paid  monthly 
to  each  person  entitled  thereto,  in  modes  to  be  prescribed  by  the  sra^as amende. i 
rules  and  regulations,  subject  to  such  deductions  each  month  \m\ ch. m\ 
from  the  salary  or  pay  of  members  of  the  force  as  the  treasurer  Comp' 261 ' 
shall  make  (and  which  deductions  he  is  hereby  authorized  to 
retain)  to  satisfy  fines  imposed  on  any  member  of  the  force,  by 
way  of  discipline  or  punishment,  as  prescribed  by  the  rules  and 
regulations  of  the  board. 

§  2SS.  The  commissioners  of  police  may  designate  some  person  im,  ch.  U2 
to  take  charge  of  all  property  alleged  to  be  stolen  or  embezzled,  swJ'jc^Oomp. 
and  which  may  be  brought  into  the  police  office,  and  all  property  stolen  pro* 
taken  from  the  person  of  a  prisoner,  and  all  property  or  money  S^tachSrgB 
alleged  or  supposed  to  have  been  feloniously  obtained,  or  which  c?erk/perty 
shall  be  lost  or  abandoned,  and  which  shall  be  taken  into  »the 
custody  of  any  member  of  the  police  force,  or  criminal  court  in 
the  city  of  New  York,  or  which  shall  come  into  the  custody  of 
any  police  justice  or  officer,  shall  be,  by  such  member  or  justice, 
or  by  order  of  said  court,  given  into  the  custody  of  and  kept  by 
the  property  clerk  of  the  police.    All  such  property  and  money 
shall  be  particularly  registered  by  said  property  clerk  in  a  book 


104 


I'ROPKUTY  SKIZKI)  15V   I'OLIC 'K  I'OWK. 


Id,  $62, 
Couip.  25-1. 

Return  of  prop- 
erty, etc 


Id.  $w. 

C'liiimtiM.w  ii.  i- 

ship. 


18^3,  ch.  ar>. 

$04. 

Lost  property, 
etc.,  to  be 
advertised  in 
t'itv  Hecord. 


1881,  ch.  -142. 
§089. 

If  not  claimed 
in  six  months, 
to  be  delivered 
to  commission- 
ers of  chanties 
and  correction. 


kept  for  that  purpose,  which  shall  contain  the  name  of  the 
owner,  if  ascertained,  the  place  whore  found,  the  name  of  the 
person  from  whom  taken,  with  the  general  circnmstunees,  the 
date  of  its  receipt,  the  name  of  the  officer  recovering  the  same, 
the  names  of  all  claimants  thereto,  and  any  final  disposition  of 
such  property  or  money.  The  said  commissioners  may  prescribe 
regulations  in  regard  to  the  duties  of  the  clerk  so  designated,  and 
require  and  take  security  for  the  faithful  performance  of  the 
duties  imposed  by  this  section. 

£  289.  Whenever  property  or  money  shall  be  taken  from  per- 
sons arrested  and  shall  be  alleged  to  have  been  felonioush 
obtained,  or  to  be  the  proceeds  of  crime,  and  whenever  so  brought, 
with  such  claimant  and  the  person  arrested,  before  some  magis- 
trate for  adjudication,  and  the  magistrate  shall  be  then  and  there 
satisfied  from  evidence  that  the  person  arrested  isinnocentof  the 
offense  alleged,  and  that  the  property  rightfully  belongs  to  him, 
then  said  magistrate  may  thereupon,  in  writing,  order  such 
property  or  money  to  be  returned,  and  the  property  clerk,  if  he 
have  it,  to  deliver  such  property  or  money  to  the  accused  person 
himself,  and  not  to  any  attorney,  agent,  or  clerk  of  said  accused 
person. 

§  290.  If  any  claim  to  the  ownership  of  such  property  or 
money  shall  be  made  on  oath  before  the  magistrate,  by  or  in 
behalf  of  any  other  persons  than  the  person  arrested,  and  the 
said  accused  person  shall  be  held  for  trial  or  examination,  such 
property  or  money  shall  remain  in  the  custody  of  the  property 
clerk  until  the  discharge  or  conviction  of  the  person  accused. 

§291.  All  property  or  money  taken  on  suspicion  of  .having 
been  feloniously  obtained,  or  of  being  the  proceeds  of  crime,  and 
for  which  there  is  no  other  claimant  than  the  pei-son  from  whom 
such  property  was  taken,  and  all  lost  property  coming  into  the 
possession  of  any  member  of  the  said  police  force,  and  all  prop- 
erty and  money  taken  from  pawnbrokers  as  the  proceeds  of 
crime,  or  by  any  such  member  from  persons  supposed  to  be  in- 
sane, intoxicated,  or  otherwise  incapable  of  taking  care  of  them- 
selves, shall  be  transmitted,  as  soon  as  practicable,  to  the  prop- 
erty clerk,  to  be  registered  and  advertised  in  the  City  Record  for 
the  benefit  of  all  persons  interested,  and  for  the  information  of 
the  public,  as  to  the  amount  and  disposition  of  the  property  so 
taken  into  custody  by  the  police. 

§  292.  If  property  stolen  or  embezzled  be  not  claimed  by  the 
owner,  before  the  expiration  of  six  months  from  the  conviction 
of  a  person  for  stealing  or  embezzling  it,  the  officer  having  it  in 
his  custody  must,  on  payment  of  the  necessary  expenses  incurred 
in  its  preservation,  deliver  it  to  the  commissioners  of  charities 
and  correction,  to  be  applied  for  the  benefit  of  the  poor  of  the 


DUTIES  OF  POLICE  AT  REGATTAS. 


1 1 15 


city-    All  other  property  and  money  that  shall  remain  in  the  raw.dh.aas, 
custody  of  the  property  clerk  for  the  period  of  six  months  with-  '  :  p 
out  any  lawful  claimant  thereto,  after  haying  been  advertised  in  property -'i.'ii'i 
the  City  Kecord  for  the  period  of  ten  days,  shall  he  sold  at  public 
auction  in  a  suitable  room  to  be  designated  for  such  purpose,  and 
the  proceeds  of  such  sale  shall  be  paid  into  the  police  life  insur- 
ance fund. 

§  If  any  property  or  money  placed  in  the  custody  of  the  u.im. 
property  clerk  shall  be  desired  as  evidence  in  any  police  or  other 
criminal  court,  such  property  shall  be  delivered  to  any  officer  who 
shall  present  an  order  to  that  effect  from  such  court.  Such 
property,  however,  shall  not  be  retained  in  said  court,  but  shall 
he  returned  to  such  property  clerk,  to  be  disposed  of  according  to 
the  previous  provisions  of  this  chapter. 

ji  294.  It  shall  he  lawful  for  the  police  commissioners,  when-  i-.:...!,  r,r,.u 
ever  they  shall  he  notified  in  writing  by  the  Metropolitan  Asso*  police  commit 
elation  of  Amateur  Oarsmen  that  a  regatta  is  to  he  given  under  keepreSSa 
its  auspices  on  the  Hudson  river,  opposite  Washington  Heights,  ,'°"rs" '  '"nr 
Xew  York  city,  to  keep  the  course  used  for  any  such  regatta  free 
and  clear  of  all  boats  and  vessels  of  every  description  during  the 
actual  time  of  the  regatta,  which  shall  not  exceed  six  hours  "in 
any  one  day;  provided, 

1.  That  there  shall  not  be  more  than  five  regattas  in  any  one  Prortso, 
year. 

2.  That  the  course  selected  for  such  regattas  shall  be  ahove 
Seventy-second  street,  and  far  enough  up  the  river  so  as  not  to 
interfere  with  any  line  of  ferry  hoats  running  on  their  regular 
course  and  trips. 

3.  That  said  regatta  course  shall  not  exceed  in  breadth  more 
than  one-fourth  the  width  of  the  river  from  either  shore,  nor 
shall  it  exceed  more  than  three  miles  in  length. 

£205.  The  course  selected  for  any  such  regatta  shall  be  „ 

J  °  Id.  §{2, 3, 4,5,  G. 

plainly  marked  out  by  buoys  or  boats  anchored;  such  buoys  or  course,  how 
boats  shall  have  a  flag  placed  upon  them,  so  that  they  may  be  a^etc™, 
readily  seen.    No  boat,  vessel,  or  steamboat  of  any  description  ,herPO" 
shall  be  allowed  on  said  regatta  course  during  the  actual  time  of 
any  regatta,  except  by  the  consent  of  the  officers  in  charge  of 
such  regatta.    Any  person  rowing  a  row-boat  or  pilot  of  a  sail-  y,^,ty  fot. 
boat,  sailing  vessel,  or  steamboat,  willfully  going  upon  said  rSS^dtJ 
regatta  course,  aud  thereby  interfering  with  the  regatta,  shall  be  r,*"nt,a 
deemed  guilty  of  a  misdemeanor,  and  shall  be  liable  to  a  penalty 
of  not  less  than  one  hundred  dollars,  nor  more  than  two  hundred 
and  fifty  dollars,  or  imprisonment  in  the  county  jail  for  a  time 
not  to  exceed  three  months,  or  to  both)  penalty  and  imprison- 
ment. •  The  fine  or  penalty  to  go  to  the  police  fund.    It  shall  be  D|SposiUon  of 
the  duty  of  the  police  commissioners  to  furnish  a  sufficient  mini-  p«>*>«r- 


SANITARY  COMPANY  OF  I'OI.H  K. 


Police.,.  ber  of  police  to  keep  said  regatta  course  clear,  and  they  shall 

have  power  to  arrest  any  person  or  persons  going  upon  such 
regatta  course  during  the  time  of  the  regatta  in  violation  of  thi^ 

''I,',?,,',':". or  the  preceding [section.  Nothingin  thisorthe  preceding  section 
contained  shall  apply  to,  or  be  so  construed  as  to  interfere  in  any 
w  ay  with,  sailing  vessels  actually  engaged  in  commerce  while 
proceeding  on  their  course. 

i8ft>  ck. 800,  |5.       §290.  The  board  of  police  upon  the  requisition  of  the  board 

i:..ar.i,,f  h.-aiui  <>f  health,  shall  <  1 « •  I : t i I  to  the  service  of  the  said  board  of  health. 

may  make 

requisition  on    for  ti10  purpose  of  the  enforcement  of  the  provisions  of  the  acts 

board  ot  ponce  .it  * 

I.V.ps';',1,'^,1,',,'''.!!,.  relating  to  tcii'  inents  and  lodging  houses,  not  exceeding  thirty 
luw  suitable  officers  and  men  of  experience  of  at  least  five  years' 

<,f  force  t<>  !>.■    service  in  the  police  force,  provided  that  the  board  of  health  shall 

detailed.  1  '  * 

pay  monthly  to  the  board  ot  police  a  sum  equal  to  the  pay  of  all 
officers  and  men  so  detailed.  These  officers  and  men  shall  belong- 
to  the  sanitary  company  of  police,  and  shall  report  to  the  presi- 
dent of  the  board  of  health.  The  board  of  health  may  report 
back  to  the  board  of  police,  for  punishment,  any  member  of  said 
company  guilty  of  any  breach  of  orders  or  discipline,  or  of  neg- 
lecting his  duty,  and  thereupon  the  board  of  police  may  detail 
another  officer  or  man  in  his  place,  and  the  discipline  of  the  said 
members  of  the  sanitary  company  shall  be  in  the  jurisdiction  of 

.Visripiin.-.i  lue  board  of  police,  but  at  any  time  the  board  of  health  may  ob- 
ject to  the  efficiency  of  any  member  of  said  sanitary  company, 
and  thereupon  another  officer  or  man  may  be  detailed  in  his  place. 

vacancies.  The  board  of  police  shall  have  the  power,  and  it  shall  be  their 
duty,  to  fill  all  vacancies  in  the  police  force  of  the  city  caused  by 
the  detailing  of  said  officers  and  men.  upon  the  requisition  of  the 
board  of  health. 

isso  ch  588  ga  §  Upon  the  application  of  any  person  residing  within  the 
Applications  'to  precinct,  it  shall  be  the  dutvof  the  captain  or  other  officer  at  the 

be  registered      1  "  •  ■  * 

as  physician,  desk  to  register  in  a  book  kept  open  for  that  purpose  the  name 
and  address  of  any  person  desiring  or  needing  medical  attendance, 
"with  the  name  or  address  of  the  person  making  such  application, 
and  without  delay  to  select  and  notify  of  such  application  one 
from  the  list  of  physicians  who  have  registered  in  said  precinct 
as  thereby  pledging  themselves  to  respond  to  any  call  for  medical 
attendance,  and  who  have  been  certified  by  the  registrar  of  vital 

,«   ■  •         statistics  of  the  board  of  health  as  being  in  good  and  regular 

Physician  to  ue  o         o  o 

c«»ed-  standing.    It  shall  be  the  duty  of  the  captain  or  other  officer  at 

the  desk,  in  the  absence  of  any  expressed  preference  by  the  ap- 
plicant, to  select  and  notify,  from  the  list  of  physicians  thus  re- 
gistered, the  name  of  the  physician  residing  nearest  to  the  resi- 
dence of  the  said  patient  in  whose  behalf  application  is  made. 
w  §3  §  29S.  It  shall  be  the  duty  of  the  captain,  sergeant,  or  other 

unchanged.      officer  at  the  desk,  in  such  police  precinct  as  before  specified,  upon 


NlfiHT  MKDICAI.  SKHVICE. 


107 


registry  of  any  application  as  described  in  the  preceding  see! inn";  0;J.1'|';;;'/s,;i.,1,j,i,i,ii 
immediately  to  detail  an  officer   whose  duty^it   shall  be  to  ". 
call  upon  such  physician  without  delay,  and -to  conduct  him 
to  the  residence  of  the  patient,  also  to  verify  by  personal 
inspection  or  inquiry  the  name  and  address  of  such  patient 
as*    registered   by  his   superior    ofticer.     Every    officer  thus' 
detailed  as  messenger  shall  be  furnished  with  a  blank  certi- 
ficate, upon  which  the  name  and  address  of  the  physician  Btaaktoba 
responding  to  the  call,  the  name  and  address  of  the  patient  niedbyomcei 
attended,  and  the  date  and  hour  of  the  visit  shall  be  written  by 
him  alter  he  has  conducted  the  physician  to  the  patient's  resi- 
dence and  verified  the  genuineness  of  the  application.    Such  cer- 

n  i        i_     •  •  i  Certificate  to  be 

titieatc  shall  be  signed  bv  him  and  given  to  the  phvsician,  and  .^m.. 

o  •»  «=>  •  j  •  physician, 

shall  specify  upon  its  face  that  the  physician  therein  named  is  en- 
titled to  the  sum  of  three  dollars  from  the  public  funds,  upon 
presentation  thereof  to  the  proper  officer,  and  indorsement  there- 
of in  writing  with  the  name  of  the  captain  of  the  precinct.  But 

...  ,.  ,      ,  ...  Payment  to  he 

it  shall  he  the  dutv  of  the  phvsician  making  such  visit  to  present  requested  or 

J  .  la.      a  patient. 

such  certificate  to  the  patient  or  his  or  her  agent  or  attendant. 

and  to  request  payment  of  the  said  sum  specified;  and  in  case  of 

such  payment  being  made,  said  physician  shall  surrender  such 

certificate  to  the  person  or  persons  making  it,  and  it  shall  cease 

to  be  a  claim  upon  the  public  treasurv.    In  default  of  the  imme-  in  default  oi 

if  •     t  •    n         .  i  ,      payment  cash 

diate  payment  of  the  said  fee  specified  m  the  said  certificate,  by  ferof  ooardoi 

"    r  J  i  '     "    health  to  paw 

the  patient  or  his  or  her  attendant,  it  shall  be  the  duty  of  the 
captain  of  the  police  precinct  in  which  the  visit  was  made  to  in- 
dorse it  with  his  name;  and  thus  indorsed  it  shall  be  the  duty  of 
the  cashier  of  the  board  of  health  to  pay  at  sight  the  fee  afore- 
said, and  to  enter  the  payment  in  a  book  provided  for  that  pur- 
pose and  take  up  the  certificate.  And  all  certificates  thus  re-  ,.».--.  , 
deemed  shall  be  valid  debts  to  the  amount  therein  named,  against 
the  patients  therein  named,  or  their  guardians,  which  the  said 
board  may  order  collected  by  due  process  of  law,  provided  that 
no  prosecution  shall  be  instituted  in  cases  where  it  is  satisfactorily 
shown  that  the  patient  is  without  sufficient  means  for  the  pay- 
ment thereof. 

§  299.  It  shall  be  the  duty  of  every-  physician  thus  called  to  the 
medical  assistance  of  any  person  within  the  police  precinct  in  g(JJj^lcaler 
which  he  is  registered  to  transmit  to  the  registrar  of  the  board  jjjjj^gft*0 
of  health,  within  twenty-four  hours  after  the  call  shall  have  board  of  health, 
been  answered,  a  full  and  accurate  statistical  exhibit  of  the  case, 
specifying  therein  the  age  and  sex  and  the  employment,  profes- 
sion or  business  of  the  patient,  the  nature  of  the  disease,  the 
hour  of  the  attack,  when  practicable,  the  date,  and  the  police 
precinct,  and  ward  in  which  the  case  occurred  ;  the  same  shall 
be  signed  with  the  full  name  and  address  of  the  physician  ren- 


|0* 


NIGHT  MEDICAL  SERVICE. 


ltla»l;s  to  he 

provided. 


Id.  |5. 

Physician  near 


est  to  be 

(tr 


'iill.nl. 


When  physi- 
cian's name  to 

lie  enMed  from 

list. 


Id.  p. 

Bulletin  to  U- 
posted,  if  cap- 
tains deem 
necessary,  in 
hotel  and  dis- 
trict telegraph 
offices, 


Id. 


Id.  sr. 
Hours  of 

service. 


1878,  ch.  389,  §1. 
Comp.  975. 


deringit,  but  the  name  and  address  of  the  patient  shall  always 
be  omitted.  And  it  shall  be  the  duty  of  the  board  of  health  to 
provide  all  physicians  thus  registered  for  night  medical  service 
with  appropriate  blanks  for  the  said  purpose  upon  their  applica- 
tion therefor. 

300.  Any  policeman  who  shall  b3  detailed  as  messenger 
according  to  the  provisions  hereinbefore  specified  shall,  in  the 
absence  of  preference  expressed  in  the  application,  call  the 
physician  nearest  and  most  convenient  to  tin.-  patient's  residence] 
or,  in  the  absence  or  refusal  from  any  cause  of  the  latter,  the 
physician  next  nearest,  and  so  on.  And  there  shall  be  no  delay 
or  waiting  for  such  physician  to  return  ;  and  any  member  of 
the  force  neglecting  to  comply  with  this  provision  shall  be  sub- 
ject to  trial  and  tine,  or  dismissal  from  the  service  by  the  board 
of  police  in  the  same  manner  as  for  other  offenses  cognizable  by 
the  said  bod)'.  And  any  physician  thus  registering  who  shall 
twice  refuse  or  neglect,  without  reasonable  excuse,  to  answer 
a  call  made  according  to  the  provisions  of  the  three  preceding 
sections,  shall  be  subject  to  have  his  name  erased  from  the  list, 
upon  proper  evidence  thereof  submitted  to  an  executive  officer 
who  shall  be  appointed  by  the  registrar  of  vital  statistics  of  the 
board  of  health,  and  shall  be  under  his  immediate  supervision. 

§  301.  The  captains  of  the  several  police  precincts  shall  cause 
the  names  and  addresses  of  such  physicians  as  have  been  duly 
certified  by  the  registrar  of  vital  statistics  to  be  plainly  and 
legibly  written  or  printed  on  a  bulletin  provided  for  that  pur- 
pose, which  bulletin  shall  be  placed  at  a  convenient  point  near 
the  captain's  desk,  and  kept  open  to  the  inspection  of  all  persons 
within  the  precinct  desiring  to  see  the  same.  They  may,  if  in 
their  judgment  it  shall  be  necessary  to  the  public  convenience, 
cause  the  bulletins  of  physicians  herein  specified  to  be  posted  in 
the  hotels  and  district  telegraph  offices  within  their  respective 
precincts,  but  any  applicant  applying  at  such  hotels  or  telegraph 
offices,  or  desiring  the  services  of  any  messenger  other  than  a 
member  of  the-police  force  detailed  for  the  purpose,  shall  em- 
ploy such  messenger  at  his  own  expense,  and  shall  be  liable  for 
any  expenses  incurred  in  communicating  with  the  police  pre- 
cinct. 

§  302.  The  period  during  which  the  aforesaid  physicians 
shall  be  held  to  be  subject  to  call  shall  be  between  the  hours  of 
ten  in  the  evening  and  seven  in  the  morning,  from  October  first 
to  March  thirty-first,  inclusive,  and  between  the  hours  of  eleven 
in  the  evening  and  six  in  the  morning,  from  April  first  to  Sep- 
tember thirtieth,  inclusive. 

§  303.  The  police  commissioners  are^  board  of  trustees  of  the 
police  pension  fund  hereinafter  mentioned.    They  shall  from 


POLICE  PENSION  FUND. 


time  to  time  choose  one  of  their  number  t"  be  chairman  and  - » i » -  '"' 
point  a  secretary.    The  treasurer  of  the  hoard  of  police  connnis-  tivumuvi 
doners  shall  be  treasurer  of  the  hoard  of  trustees.    Such  board  !„,"  , 
of  trustees  shall  have  charge  of  and  administer  said  funds,  and 
from  time  to  time  invest  the  same  or  any  part  thereof,  as  they 
shall  deem  most  beneficial  to  said  fund,  and  are  empowered  i" 
make  all  necessary  contracts  and  take  all  necessary  and  proper 
actions  and  proceedings  in  the  premise-,  and  to  make  payments 
from  said  fund  of  pensions  granted  in  pursuance  of  this  chap- 
ter, and  also  pensions  now  charged  on  said  fund  by  or  under 
existing  laws,  and  said  hoard  of  trustees  shall  he  the  legal  suc- 
cessors of  the  trustee  or  trustees  of  the  police  life  insurance 
fund.    The  said  trustees  shall,  from  time  to  time,  establish  such  ' 
rules  and  regulations  for  the  administration  of  the  police  pension 
fund  as  they  may  deem  best.     They  shall  report  in  detail  to  the 
board  of  aldermen  annually,  in  the  month  of  January,  the  con- 
dition of  the  police  pension  fund,  and  the  items  of  their  receipts 
and  disbursements  on  account  of  the  same.  Xo  payments  what-  f*o payment* to 

1    J  foe  mode  for 

ever  shall  be  allowed  or  made  by  said  trustees  as  reward,  gra-  »«*« 
tuity,  or  compensation  to  any  person  for  salary  or  services  ren- 
dered to  or  for  said  board  of  trustees. 

§304.  The  police  pension  fund,  and  all  moneys,  securities,  Id'  °o 

revenues ,*and incomes  thereof,  in  whose  hands  soever  the  same  fundtoheuaM 

to  trustees. 

may  be,  shall  be  paid  over  and  delivered  on  demand  to  the  trus- 
tees of  said  fund. 

;j  305.  The  police  pension  fund  shall  consist  of:  u  M 

1.  The  capital,  income,  interest,  dividends,  cash  deposits,  what  fund  to 
securities,  and  credits  formerly  belonging  to  the  police  life  insur-  Police  ufein- 

,,        .    "         1 .       I  «.  Burancefund. 

ance  fund,  with  the  addition  thereto  from  time  to  time  of, 

2.  All  fines  imposed  by  the  board  of  police  upon  members  of  pines, 
the  police  force  :  and. 

3.  All  rewards,  fees,  gifts,  testimonials,  and  emoluments  pre- 
sented, paid,  or  given  to  any  member  of  the  police  force  for 
account  of  police  services,  except  such  as  have  been  or  shall  be 
allowed  by  the  board  of  police  to  be  retained  by  said  member; 
and, 

-I.  All  lost  or  stolen  money  remaining  in  the  bauds  of  the  r^ost  or  stolen 
property  clerk  for  the  space  of  one  year,  and  for  which  there  ,'r"l> 
shall  be  no  lawful  claimant,  and  moneys  arising  from  the  sale  by 
the  said  property  clerk  of  unclaimed  property  ;  and, 

5;  A  sum  of  money  equal  to  three  dollars  per  month  for  each  Deduction  from 
member  of  the  police  force,  paid  and  to  bo  paid  monthly  by  the  1>a>  0  1)0 
treasurer  of  the  board  of  police  commissioners  to  the  treasurer 
of  the  board  of  trustees  of  the  police  pension  fund  from  moneys 
deducted  from  the  pay  of,  members  of  said  force  on  account  of 
lost  time. 


I  111 


I'OLK  K  I'KNSION  I  M  M). 


is;'.i.     .'ihi  <  i 
Comp.  270. 
Trustee!  may 
grant  pension. 


To  « Mow 


l  hi  li  ran. 


Di?.t)ilcd 
policemen. 


SuperannuaU-d 
policemen. 


ia.  *r, 

.is  amended 
)8;9,  ch.  527,  il, 
Oomp.  277. 


Term  of  serv- 
ice, how  deter- 
mined. 


§  :;oti.  The  board  of  trustees  of  the  police  pension  fund  bays 
power  to  grant  pensions  as  hereinafter  provided,  to  any  person 
who  was  a  member  of  the  police  force  of  said  city  on  Juno  fourth, 
eighteen  hundred  and  seventy-eight,  or  to  any  person  who  lias 
since  or  may  hereafter  become  a  member  of  the  police  force,  to 
he  paid  from  the  police  pension  fund  by  the  hoard  of  trusteed 
thereof,  as  follows  : 

J.  To  the  widow  of  any  person  who  was  a  member  of  the 
police  force  on  June  fourth,  eighteen  hundred  and  seventy-eight, 
or  has  since  hecome  such  member,  or  who  may  hereafter  become 
a  member  of  the  police  force,  who  shall  have  been  killed  while 
in  the  actual  performance  Of  police  duty,  or  shall  have  died  from 
the  effects  of  any  injury  received  whilst  in  the  actual  discharge 
of  such  duty,  or  who  has  died  or  shall  hereafter  die  after  ten  years 
of  service  in  the  police  department  of  the  city,  provided  such 
death  shall  not  have  been  caused  by  any  misconduct  on  his  part, 
a  sum  of  three  hundred  dollars  per  annum. 

2.  To  any  child  or  children  under  eighteen  years  of  age  of 
such  member  of  the  police  fore;;  killed  or  dying  as  aforesaid,  but 
leaving  no  widow,  or  if  a  widow,  then  after  her  death  to  such 
child  or  children  being  yet  under  eighteen  years  of  age,  a  sum 
not  exceeding  three  hundred  dollars  per  annum. 

3.  To  any  such  member  of  the  police  force  who,  whilst  in  the 
actual  performance  of  police  duty,  and  by  reason  of  the  per- 
formance of  such  duty,  and  without  fault  or  misconduct  on  his 
part,  shall  have  become  permanently  disabled,  physically  or 
mentally,  so  as  to  be  unfitted  to  perform  full  police  duty,  a  sum 
not  to  exceed  one-half  nor  less  than  one-fourth  of  his  rate  of 
compensation  per  annum. 

4.  To  any  such  member  of  the  police  force  of  said  police 
department  who  shall,  after  ten  years  membership,  become 
superannuated  by  age,  or  rendered  incapable  of  performing  full 
police  duty  by  reason  of  disability  or  disease  contracted  without 
misconduct  on  his  part,  a  sum  of  three  hundred  dollars  per 
annum. 

5.  To  any  such  member  of  the  police  force  who  shall,  after 
fifteen  years  of  membership,  become  superannuated  by  age,  or 
rendered  incapable  of  performing  full  police  duty  by  reason  of 
disability  or  disease  contracted  without  misconduct  on  his  part,  a 
sum  of  four  hundred  dollars  per  annum.  In  determining  the 
term  of  service  of  any  member  of  the  police  force  under  the 
provisions  of  this  section,  service  in  the  late  municipal  and 
metropolitan  police  department,  and  subsequently  in  the  police 
department  of  the  city  of  New  York,  shall  be  counted  and  held 
to  be  police  service  in  the  police  department  of  the  city  of  Xew 
York. 


POLICE  PENSION  FUND. 


Ill 


inrt>,  ata.  881, 

Oomp.  '-!77. 
Itetireil  jxilli't- 
men. 


Officers  who 

left  the  force  to 
volunteer  in  the 
army. 


Id.  SO. 

When  pensions 
to  terminate. 


Id.  S& 
Pensions  to 
police  force  to 
be  granted  on 
certificate  of 
surgeons  of 
tlepartment. 


;!i»7.  Any  suc  h  member  of  the  police  force  who  has  <»r  shall 
have  performed  police  duty  for  a  period  of  twenty  years  <»r  up- 
wards, upon  his  own  application,  or  upon  the  certificate  of  the 
hoard  of  surgeons  of  the  department  of  police,  certifying  that 
such  policeman  is  permanently  disabled  so  as  to  he  unlit  for  po- 
lice duty,  may,  in  the  discretion  of  the  board  of  police,  by  reso- 
lution unanimously  adopted  by  a  full  board,  be  retired  from  ser- 
vice and  placed  upon  the  police  pension  roll,  and  thereupon  shall 
be  awarded,  granted,  and  paid  from  said  police  pension  fund,  by 
the  trustees  thereof,  an  annual  sum  during  his  lifetime  not  ex- 
ceeding one  half  nor  less  than  one-fourth  the  full  pay  of  a  mem- 
ber of  said  police  force  of  the  rank  of  the  member  so  retired; 
provided,  however,  that  no  pension  granted  under  the  provisions 
of  this  or  the  last  preceding  section  shall  exceed  the  sum  of  dhe 
thousand  dollars  per  annum.  Pensions  granted  under  this  sec- 
tion shall  1«  for  the  natural  life-  of  the  officer,  and  shall  not  be 
revoked,  repealed,  or  diminished.  In  case  any  officer  shall  have 
voluntarily  left  the  police  department  and  entered  into  the 
United  States  service  and  served  during  the  war  of  the  rebellion 
and  received  an  honorable  discharge,  and  afterwards  shall  have 
been  reinstated  in  the  police  department,  the  time  of  his  service 
in  the  army  shall  be  considered  as  a  portion  of  his  service  in  the 
police  department. 

§  308.  Pensions  to  widows  shall  terminate  when  the  widow 
shall  remarry,  and  pensions  to  children  shall  terminate  when- 
ever the  children  shall  respectively  arrive  at  the  age  of  eighteen 
years.  The  board  of  police  may,  in  its  discretion,  order  any 
pensions  granted,  or  any  part  thereof  to  cease,  except  in  the 
case  of  members  of  the  police  force  retired  after  twenty  years' 
service,  as  provided  in  the  last  preceding  section,  but  in  all  such' 
cases  the  said  board  of  police  shall  file  with  the  trustees  of  the 
police  pension  fund  a  written  statement  of  the  causes  which 
determined  them  in  ordering  any  pension  to  so  cease,  and 
nothing  herein  or  in  any  other  act  contained  shall  render  the 
granting  or  payment  of  such  pension  obligatory  on  the  board  of 
police  or  upon  the  trustees  of  the  police  pension  fund,  or  charge- 
able as  a  matter  of  right  upon  said  police  pension  fund,  except 
as  provided  in  the  last  preceding  section. 

^  G09.  No  member  of  the  police  force  shall  be  awarded,  granted 
or  paid  a  pension  on  account  of  physical  or  mental  disability  or 
disease,  unless  upon  the  certificate  of  the  board  of  surgeons  of 
the  department  of  police,  which  shall  set  forth  the  cause,  nature, 
and  extent  of  the  disability,  disease,  or  injury  of  each  member 
of  the  police  force  who  may  be  placed  upon  the  pension  roll, 
and  said  certificate  shall  distinctly  state  whether  or  not  such  dis- 
ability, disease,  or  injury  was  incurred  or  sustained  by  said 


L12 


INSI'KCTION  OF  STKAM  HOII.KKS. 


$1. 


mi.  Ox.  BS 

Couip.  ~>:i- 

Report  of  and 

Inspection  of 
■team  boilers 


1874,  eh.  DM,  SI, 
Coiup.  274. 
Exenipt'oi 
from  further 
inspection  oi.d 
penalties. 


Id.  & 

Companies  to 
make  monthly 
returns  to 
inspectors. 


member  of  the  police  force  m  the  performance  of  police  duty: 
and  such  certificate  shall  in  each  case  be  filed  with  and  entered 
upon  the  minutes  of  the  board  of  police. 

§  310.  Every  owner  of  a  steam  boiler  or  boilers  in  use  in  the 
city  of  New  York  shall  annually,  and  at  such  convenient  times 
and  in  such  manner  and  such  form  as  may  by  rules  and  regula- 
tions to  be  made  therefor  by  the  board  of  police,  be  provided,  re- 
port to  the  said  board  the  location  of  such  '-team  boiler  or  boil- 
ers, and  thereupon,  and  as  soon  thereafter  as  practicable,  the 
sanitary  company,  or  such  member  or  members  thereof  as  maj 
be  competent  for  the  duty  herein  described,  and  may  be  detailed 
for  such  duty  by  the  board  of  police,  shall  proceed  to  inspect 
such  steam  boiler  or  boilers,  and  all  apparatus  and  appliances 
connected  therewith;  but  no  person  shall  be  detailed  for  such 
duty  except  he  be  a  practical  engineer,  and  the  strength  and 
security  of  each  boiler  shall  be  tested  byliydrostatic  pressure: 
and  every  boiler  or  boilers  so  tested  shall  have,  under  the  con- 
trol of  said  sanitary  company,  such  attachments,  apparatus  and 
appliances  as  maybe  necessary  for  the  limitation  of  pressure, 
locked  and  secured  in  like  manner  as  may  be  from  time  to  time 
adopted  by  the  United  States  inspectors  of  steam  boilers,  or  the 
secretary  of  the  treasury,  according  to  act  of  congress,  passed 
.Inly  twenty-fifth,  eighteen  hundred  and  sixty-six;  and  they 
shall  limit  the  pressure  of  steam  to  be  applied  to  or  upon  such 
boiler,  certifying  each  inspection  and  such  limit  of  pressure  to 
the  owner  of  the  boiler  inspected,  and  also  to  the  engineer  in 
(  barge  of  the  same  ;  and  no  greater  amount  of  steam"  or  pres- 
sure than  that  certified  in  the  case  of  any  boiler  shall  bo  applied 
thereto.  In  limiting  the  amount  of  pressure,  wherever  the 
boiler  under  test  will  bear  the  same,  the  limit  desired  by  the 
owner  of  the  boiler  shall  be  the  one  certified.  Btrt  all  steam 
users,  manufacturers  or  corporations  possessing  the  guaranteed 
certificates,  unrevoked  and  in  full  life,  of  any  fire  insirrance 
company  now  incorporated  or  hereafter- incorporated,  or  of  ac- 
company organized  or  hereafter  organized,  for  the  purpose  of 
making  guaranteed  steam  boiler  inspections,  and  which  shall 
have  complied  with  the  insurance  laws  of  the  State,  having  duly 
filed  a  statement  with  the  superintenent  of  insurance  or  other 
authorized  officer,  bf  its  conditions,  and  duly  paid  license  fees 
and  taxes,  shall  be  exempt  from  such  inspections. 

§  311.  Any  company  referred  to  in  the  last  preceding  section 
which  has  complied  therewith  shall,  at  least  once  in  each  month, 
make  and  file  returns,  under  oath,  with  the  board  of  police,  of 
all  inspections  made  by  them  of  steam  boilers  and  of  all  certifi- 
cates issued  by  them,  and  those  at  the  time  of  making  said  re- 
turn either  in  full  force,  unrevoked  or  canceled.  Each  and  everv 


POLICE  CONNECTED  with  TELEGRAPH  COMPANIES. 


company  bo  authorized  and  making  insurances  and  failing  to 

niako  such  returns  as  aforesaid,  shall  nay  the  penal  Sum  of  fifty  , 

i    j         l  j   penalty  for 

dollars  for  each  and  every  failure  or  neglect  to  make  and  file  said 

returns,  the  same  to  he  recovered  by  suit  to  be  brought  by  the 

hoard  of  police.  "•       *>  f*  «> 

§812.  The  hoard  of  police  shall  preserve  in  proper  form  a       ^  w  « 

correct  record  of  all  inspections  of  steam  boilers  made  under  its  r,""i> 

....  T^ii  p  ■.  A  rocnnl  to  hi- 

direction,  and  ot  the  amount  of  steam  or  pressure  allowed  in  [••••I'H'.v  i  , 

,  .  ,  I'm  board, 

each  case,  and  m  cases  where  any  steam  hoiler  or  the  apparatus 

or  appliances  connected  therewith  shall  he  deemed  by  the  hoard, 
after  inspection,  to  he  insecure  or  dangerous,  the  board  shall 
prescribe  such  changes  and  alterations  as  may  render  such  boil- 
ers, apparatus  and  appliances  secure  and  devoid  of  danger. 
And  in  the  mean  time,  and  until  such  changes  and  altera- 
tions arc  made,  and  such  appliances  attached,  such  boiler,  appa- 
ratus and  appliances  may  he  taken  under  the  control  of  the 
hoard  of  police,  and  all  persons  prevented  from  using  the  same, 
and  in  cases  deemed  necessary,  the  appliances,  apparatus  or  at- 
tachments for  the  limitation  of  pressure  may  be  taken  under 
t  he  control  of  the  said  board  of  police.  And  no  owner  or  agent 
of  any  steam  boiler  shall  employ  any  person  as  engineer  without 
their  having  a  certificate  as  to  qualification  from  practical  en- 
gineers, to  be  countersigned  by  the  commissioners  of  police. 

^  313.  Any  person  applying,  or  causing  to  be  applied,  to  any 
steam  boiler  a  higher  presssure  of  steam  thau  that  limited  for  comp.zn». 
the  same,  in  accordance  with  the  provisions  of  this  chapter,  la^S^/Sb0" 
and  any  person  violating  the  provisions  of  the  last  preceding  ' 
section  shall  be  guilty  of  a  misdemeanor.    In  case  any  owner 
of  any  steam  boiler  in  the  said  city  shall  fail  or  omit  to  have  the 
same  imported  for  inspection  as  provided  by  law,  such  boiler 
may  bo  taken  under  the  control  of  the  board  of  police,  and  all 
persons  prevented  from  using  the  same  until  it  can  be  satisfac- 
torily tested  as  hereinbefore  provided  for,  and  the  owner  shall 
in  such  case  be  charged  with  the  expense  of  so  testing  it. 

£  314.  The  board  of  police  is  horebv  authorized,  in  addition  ^ 

°  1  -  '  1KS0.  eh.  90, 

to  the  police  force  now  authorized  by  law,  to  appoint  a  number  Hi,M 

of  persons,  not  exceeding  two  hundred,  who  may  be  designated  be^jSSSed^ 

by  any  company  which  may  be  operating  a  system  of  signaling  telegraph  com 

by  telegraph  to  a  central  office  for  police  assistance,  to  act  as  l^weTsor. 

special  patrolmen  in  connection  with  such  telegraphic  system.  QNMiflcatfona 

And  the  persons  so  appointed  shall,  in  and  about  such  service,  Revocationo! 

have  all  the  powers  possessed  bv  the  members  of  the  regular  *§y andex- " 

force,  except  as  may  be  limited  by  and  subject  to  the  supervis-  i»>™.-V  >  ••' 
ion  and  control  of  the  board  of  police.    No  person  shall  be  ap- 
pointed as  such  special  patrolman  who  does  not  possess  the 
qualifications  which  may  be  required  by  the  board  of  police  for 


114         POLICE  CONNECTED  WITH  TELEGRAPH  COMPANIES. 


said  special  service;  and  the  persons  so  appointed  shall  be  sub- 
ject, in  case  of  emergency,  to  do  duty  as  a  part  of  the  regular 
police  force.  The  board  of  police  shall  have  power  to  revoke 
any  such  appointment  or  appointments  at  any  time,  and  every 
person  so  appointed  shall  wear  a  badge  and  uniform,  to  be  fur- 
nished by  such  company  and  approved  by  the  board  of  police. 
Such  uniform  shall  be  designated  at  the  time  of  the  first  ap- 
pointment under  this  section,  and  shall  be  the  permanent  uni- 
form to  be  worn  by  said  special  police  The  pay  of  such  special 
patrolmen  and  all  expenses  connected  with  their  service  shall  be 
wholly  paid  by  such  company  or  companies,  and  no  expense  or 
liability  shall  at  any  time  be  incurred  or  paid  by  the  board  of 
police  for,  or  by  reason  of,  the  services  of  the  persons  so  as 
aforesaid  appointed. 


1673,  ch.  MS, 
s"o,  Comp.  881, 
Deputy. 
59  How.  333. 


Powers  of 


1873,  oh.  885, 
|71,  Comp.  282. 
Department  to 
have  control  of 
Croton  water. 


Streets,  etc. 
5  Rob.  192. 

15  Abb.  X.  S. 
115. 

1890.  eh.  3;3. 


CHAPTER  IX. 
Of  the  Department  of  Public  Wobks. 

Title  1. — General  Powers  ami  Duties  of  the  Department. 

;>  olo.  The  commissioner  of  public  works  may  appoint  a 
deputy  commissioner  of  public  works,  who  shall,  in  addition  to 
his  other  powers,  possess  every  power  and  perform  all  and  every 
duty  belonging  to  the  office  of  said  commissioner,  whenever  so 
empowered  by  said  commissioner  by  written  authority,  desig- 
nating therein  a  period  of  time  not  extending  beyond  the  period 
of  three  months,  nor  be}'ond  the  term  of  office  of  the  said  com- 
missioner of  public  works,  during  which  said  power  and  duty 
may  be  exercised  ;  and  such  designation  and  authority  shall  be 
duly  filed  in  and  remain  on  record  in  the  department  of  public- 
works.  The  said  deputy  commissioner  of  public  works  shall 
possess  the  like  authority  in  the  case  of  the  absence  or  disability 
of  the  commissioner  of  public  works. 

§  310.  The  department  of  public  works  shall  have  cognizance 
and  control : 

1.  Of  all  structures  and  property  connected  with  the  supply 
and  distribution  of  Croton  water. 

2.  Of  the  collection  of  the  revenues  arising  from  the  sale  or 
use  of  the  Croton  water. 

3.  Of  opening,  altering,  regulating,  grading,  flagging,  curb- 
ing, guttering,  and  lighting  streets,  roads,  places,  and  avenues. 

4.  Of  repairing  and  construction  of  public  roads. 

5.  Of  the  care  of  public  buildings,  including  the  buildings 
known  as  the  county  court-house  buildings. 

0.  Of  the  filling  of  sunken  lots. 

7.  Of  public  sewers  and  drainage. 

8.  Of  street  vaults  and  openings  in  sidewalks. 


DKPART.MK.VT  OF  1MT.1.K  WORKS. 


115 


9.  Of  paving-,  repairing,  and  repaying  streets,  and  keeping  iw,ch.au; 
the  same  clear  of  obstructions,  and  of  the  relaying  of  pave-  i8n.eh.8iv, 
tnent  removed  for  any  cause.  a^cb^m, 

10.  Of  digging  and  constructing  wells,  m^^m, 

11.  Of  the  care,  management,  and  maintenance  of  the  public  i V-ir-'-H 

,     ,  ,  Comp.  350. 

uains.  1887,  cb.  ats, 

12.  Of  the  location,  erection,  establishment,  and  maintenance  (A""I> 
of  public  urinate. 

§  317.  There  shall  be  eight  bureaus  in  the  department  of 
public  works  : 

1.  A  bureau  for  laying  water  pipes,  and  the  construction  and  im,4b.m, 
repair  of  sewers,  wells,  and  hydrants,  paving  and  repairing  bib««m!P 
streets:  the  chief  officer  of  which  shall  be  called  "water  pur-  *«*erpor 

1  vcyor. 

veyor." 

2.  A  bureau  for  the  collection  of  revenue  derived  from  the  Water  register 
sale  and  use  of  water  ;  the  chief  officer  of  which  shall  be  called 

"  water  register." 

3.  A  bureau  having  care  of  all  structures  and  property  con- 
nected with  the  supply  and  distribution  of  Croton  water ;  the  ofhcroPto^eer 
chief  officer  of  which  shall  be  called  "chief  engineer  of  the  aquoduct 
Croton  aqueduct,"  with  power  to  appoint  and  remove  at  pleas- 
ure, and  detail  a  staff  of  assistant  engineers.    He  and  they 

must  be  civil  engineeis  of  at  least  ten  years'  experience. 

•t.  A  bureau  for  grading,  flagging,  curbing,  and  gutte  ring  Superiu*-»ndent 
streets;  the  chief  officer  of  which  shall  be  called  "  superinten-  fmprwements 
dent  of  street  improvements." 

5.  A  bureau  of  lamps  and  gas;  the  chief  officer  of  which  superintendent 
shall  be  called  "  superintendent  of  lamps  and  gas."  £agau,psmu 

6.  A  bureau  of  streets  and  roads;  the  chief  officer  of  which 
shall  be  called  "superintendent  of  streets." 

7.  A  bureau  of  repairs  and  supplies,  which  shall  have  eogni- 

*  .  ,  .superinten '"nt 

zance  of  all  supplies  and  repairs  to  public  buildings,  works,  lands,  of  regain  and 
and  places,  and  all  other  necessary  repairs  aud  supplies  not  pro- 
vided for  in  other  departments;  the  chief  officer  of  which  shall 
be  called  "  superintendent  of  repairs  and  supplies,"  and  shall  be 
a  practical  builder.  •  » 

S.  A  bureau  for  the  removal  of  incumbrances  on  the  streets  superintendent 
or  sidewalks  or  public  ground  not  inclosed  in  any  park;  the 
chief  officer  of  which  shall  be  called  the  "  superintendent  of  in- 
cumbrances," to  whom  all  complaints  shall  be  made,  and  by 
whom  such  incumbrances  shall  be  removed. 

§  318.  The  street  or  roadway  through  "Washington  park  or 
square,  running  from  Fifth  avenue  on  the  north  to  South  Fifth  comp.VT ''  * 
avenue  on  the  southeast,  shall  be  continued  in  use  as  one  of  the  s,reet 
public  streets  of  said  city  under  the  cjiarge  of  the  department, 
of  public  works. 


118  BUREAUS  IN  DEPARTMENT  OF  PUBLIC  WORKS, 

i 


ih,.;.,  i,  <j  31  y.  The  department  of  public  works  shall  have  and  pos- 

imvciu  rar,  |«,  sess  all  the  powers  and  (unctions  at  any  time  possessed  by  the 
TdpoaMM  cer-  department  of  public  parks  or  the  department  of  public  works 
Ji^'al-um-i'. t  '.'r   in  relation  to  the  (  oust  ruction  of  the  houlevard  (road  or  public 
-I'  liMu'^r     drive),  streets,  avenues  and  roads  above  Fifty-ninth  street,  ex- 
cept in  the  Twenty- third. and  Twenty-fourth  wards,  and  so  far 
as  the  same  are  not  embraced  within  the  limits  of  or  immedi- 
ately adjacent  to  any  park  or  public  place,  except  as  in  this  act 
otherwise  provided;  and  all  provisions  of  law  conferring  powers 
and  devolving  duties  upon  the  department  of  public  parks  in 
relation  thereto  are  transferred  to  and  conferred  upon  the  said 
department  of  public  works.     Said  department  shall  also  pos- 
sess all  the  powers  and  perform  all  tin-  duties  formerly  possessed 
by  or  devolved  upon  the  Croton  aqueduct  board,  except  as  in 
this  act  otherwise  provided. 
vm  oh.a»,fu,       §320.  The  commissioner  of  public  works  shalljiave  and  pos- 
iw^cii?8re,S7,  sees  exclusive  power  to  acquire  title  in  the  name  and  on  behalf 
eomp.m      Qf  ylc  may0r,  aldermen  and  commonalty  of  the  city  of  New 

Commissioner  —  J  J 

to  acqufre  titl-  ^H'k,  in  and  to  all  public  streets,  avenues,  roads,  public  squares 

M^enorth  ana"  pl^'S  faid  out  or  that  may  be  laid  out,  in  all  that  part  of 

J  Fifty -ninth  t  iic  city  of  KTew  York  lying  northerly  of  Fifty-ninth  street  in 

iyuy.mm )»•!  .  ,. r.  (.jIV  smith  of  One  Hundred  and  Fifty-fifth  street  and  not  in 

is  How.  285.  i 

the  Twenty-third  or  Twenty-fourth  wards,  and  in  and  about  all 
proceedings  therefor  now  pending  or  hereafter  to  be  commenced, 
and  all  proceedings  subsequent  thereto,  the  said  commissioner 
shall  have  and  possess  all  the  powers  and  perform  all  the  duties 
bylaw  conferred  on  and  authorized  to  be  performed  by  said 
mayor,  aldermen  and  commonalty  of  the  city  of  New;  York. 
„...  ,  13,21.  Whenever  the  commissioner  of  public  works  shall  ccr- 

1876,  oh.  lib,  $1,  u  1 

comp.  351.  tif y  and  report  to  the  board  of  aldermen  that  the  safety,  health, 
Repavement  of  .  .  ,,  ,  ,.  '  « 

streets  and      or  convenience  ot  the  public  requires  the  repavement  of  any 

streets,  avenues,  or  public  places  in  said  city,  said  board  of  al- 
dermen shall  have  the  power  to  direct,  by  ordinance  or  resolu- 
tion, the  repavement  of  said  streets,  avenues,  or  public  places  in 
the  manner  specified  and  of  the  materials  approved  of  and  re- 
commended by  said  commissioner  of  public  works,  which  work 
shall  be  done  by  and  uuder  the  direction  of  the  department  of 
public  works  according  to  law.  In  case  any  of  the  streets,  ave- 
nues or  public  places  in  said  city  shall  have  been  once  paved,  and 
the  expense  therefor  assessed  upon  the  owners  of  adjoining  and 
cost  of  repav-  benefited  property,  the  cost  of  the  repaving  thereof  shall  be 
borne  by  a  general  assessment  upon  all  the  taxable  property  in 
said  city,  but  the  amount  appropriated  and  raised  for  such  pur- 
pose shall  not  exceed  the  sum  of  five  hundred  thousand  dollars 
in  any  one  single  year. 


ing 


POWERS  OF  DEPARTMENT  OK  PUBLIC  WORKS. 


117 


j5  '.\'22.  The  depari  menl  of  public  works  sliall  have  cognizance,       .-i.  m 

11  .  Colli]).  SIS. 

control,  and  general  direction  in  the  relaying  of  all  pavement  i).^.utm.-nt  ..i 
removed  for  the  purpose  of  constructing  vaults  or  lateral  drains,  to  control  the 
dicing  cellars,  laying  foundations  of  buildings  or  other  struc-  tain  pfti  •  •  1 1 1  •  ■  1 1 1  s 
tures,  making  sew  er  connections  or  repairing  sewers',  and  in  the 
laying  down  of  gas  and  water  pipes,  or  introducing  the  same 
into  buildings,  or  for  any  other  purpose,  and  no  removal  of 
pavement  for  such  purpose  sball  be  made  until  a  permit  is  first 
bad  from  tlx1  said  department. 

-  32;>.  Whenever  any  portion  of  the  pavement  in  any  street  Proceedingm 
or  avenue  in  said  city  sball.  have  been  removed  for]  any  of  the  x„tio,.  " 
purposes  mentioned  in  the  preceding  section,  and  such  pave- 
ment sball  not  be  relaid  in  a  manner  satisfactory  to  the  commis 
sioner  of  public  works,  he  may  cause  a  notice  in  writing  to  be 
served  upon  the  person  or  corporation  by  whom  the  same  was 
removed,  or,  if  such  removal  was  for  the  purpose  of  making 
connection  between  any  house  or  lot,  and  any  sewer  or  pipes  in 
the  street,  or  for  constructing  vaults,  or  otherwise  improving 
any  house  or  lot,  upon,  the  owner  or  occupant  of  such  house  or 
lot.  requiring  such  person  or  corporation,  or  the  owner  or  occu- 
pant of  such  house  or  lot,  to  have  such  pavement  properly  relaid 
within  five  days  after  service  of  such  notice.  Such  notice  may 
be  served  upon  the  owner  or  occupant  of  a  house  or  lot  by  leav- 
ing the  same  with  any  person  of  adult  age  upon  said  premises. 
In  case  such  pavement  or  portion  thereof  shall  not  be  relaid  to  S«ntro'paT8" 
the  satisfaction  of  said  commissioner  within  the  time  specified 
in  such  notice,  it  shall  be  lawful,  and  authority  is  hereby  given 
to  said  commissioner  to  have  such  pavement,  or  the  portion 
thereof  which  shall  have  been  so  unsatisfactorily  laid,  put  in 
proper  order  and  repair,  in  such  manner  as  the  said  commission- 
er may  deem  best,  on  account  of  the  person  or  corporation  by 
whom  such  pavement  was  removed,  or  of  the  owner  of  the 
premises  for  whose  benefit  such  removal  was  made.  Upon  the 
cost  of  such  work  being  certified  to  the  comptroller  of  the  city 
of  NeW  York  by  said  commissioner,  with  a  description  of  the  lot 
or  premises  to  improve  which  such  removal  was  made,  said 
comptroller  shall  pay  the  same,  and  the  amount  so  paid  shall 
become  a  lien  and  charge  upon  thelpremises  so  described,  and 
on  being  certified  by  the  comptroller  to  the  collector  of  assess- 
ments and  clerk  of  arrears,  may  be  collected  in  the  same  man- 
ner that  arrears  of  Croton  water  rents  are  collected  under  the 
direction  of  the  collector  of  assessments  and  clerk  of  arrears.  But 
if  such  removal  was  made  by  any  person  or  corporation,  and 
not  for  a  connection  between  any  house  and  sewer,  or  pipes,  or 
to  otherwise  benefit  any  house  or  lot,  upon  the  said  commis- 
sioner certifying  in  writing  such  facts  to  the  said  comptroller 


IIS 


DUTIES  OF  COMMISSIONER  OF  PUBLIC  WOKKS. 


18V3,  cli.  335.S70, 
Comp.  83,  281. 

Unchanged. 
Obstructions 
on  sidewalks, 
etc. 


18r3.cli.33."..  $70. 
Comp.  83.  281. 


1849,  ch.  383,  |4, 
Comp.  291. 


18G5,  ch.  381. 
SSI.  2,  3, 
Comp.  343. 
Sewerage  dis- 
tricts; maps  of 
location,  etc., of 
sewers. 

8  Hun.  G.">;  G2  N. 
Y.  618;53id.647; 
46  id.  178;  &3  id. 
535;  47  id.55(j; 
52  How.  120. 
18  Hun.  582. 


Commissioners 
to  employ  engi- 
neers, acquire 
lands,  etc. 


with  the  cost  of  repair,  and  the  name  of  the  person  or  corpora- 
tion by  whom  or  by  whose  direction  the  pavement  so  repaired 
was  removed,  said  comptroller  shall  pay  such  cost,  and  shall 
transmit  a  copy  of  the  said  certificate  to  the  counsel  to  the  cor- 
poration, who  shall  proceed  to  collect  the  same  by  suit  against 
the  person  or  corporation  by  whom  the  pavement  was  removed, 
and  such  person  or  corporation  are  hereby  made  liable  to  pay 
the  same.  Upon  the  trial  of  any  such  suit  the  said  certificate 
of  the  said  commissioner  shall  be  conclusive  evidence  of  the  cost 
of  such  repair. 

§  324.  It  shall  be  the  duty  of  the  commissioner  to  remove  all 
obstructions  now  existing,  or  which  may  hereafter  be  placed 
upon  any  street  or  sidewalk,  or  public  ground  not  inclosed  in 
any  public  park. 

§  325.  Whenever  the  words  "street  commissioner"  shall 
occur  in  any  existing  law,  ordinance,  resolution,  contract,  or 
document,  it  shall  be  deemed  to  mean  the  commissioner  of  pub- 
lic works,  and  whenever  in  any  law,  or  in  any  ordinance  of  the 
corporation,  the  words  "  street  department "  shall  occur,  it  shall 
be  deemed  and  construed  to  mean  the  department  of  public 
works  and  the  commissioner  thereof1. 

§  32G.  The  department  of  public  works  shall  have  charge 
of  the  construction,  repairs,  and  cleansing  of  all  the  sewers  and 
underground  drains,  subject  to  the  general  plan  which  has  been 
or  may  be  adopted  for  the  sewerage  and  drainage  of  said  city, 
except  those  in  the  Twenty-third  and  Twenty-fourth  wards. 

§  327.  The  commissioner  of  public  works  shall  have  power  to 
devise  and  frame,  so  far  as  the  same  has  not  already  been  done, 
a  plan  of  sewerage  and  drainage  of  the  whole  of  said  city,  except 
in  the  Twenty-third  and  Twenty-fourth  wards,  for  the  purpose 
of  thoroughly  draining  and  carrying  off  water  and  other  matter 
proper  to  be  carried  off  by  sewers.  The  said  commissioner 
shall,  so  far  as  the  same  has  not  already  been  done,  lay  out  the 
said  city  into  as  many  sewerage  districts  as  he*may  deem  neces- 
sary for  the  aforesaid  purpose,  and  shall  also  determine  and 
show  on  suitable  maps  or  plans  the  location,  course,  size,  and 
grade  of  each  sewer  and  drain  proposed  for  each  of  said  dis- 
tricts, and  the  proposed  alterations  and  improvements  in  exist- 
ing sewers,  and  shailalso  determine  and  show  on  said  maps  or 
plans  the  contemplated  depths  of  said  sewers  and  drains  below 
the  present  surface  and  also  below  the  established  grades  of  the 
streets  and  avenues  in  each  of  said  districts,  and  such  other  par- 
ticulars as  may  be  necessary  for  the  purpose  of  exhibiting  a 
complete  plan  of  the  proposed  sewerage  therein.  The  said  com- 
missioner shall  appoint  and  employ  such  engineers,  surveyors, 
inspectors,  and  other  persons,  and  take  and  acquire,  in  accord- 


DUTIES  or  COMMISSIONER  OF  PUBLIC  WORKS. 


119 


ance  with  existing  laws,  such  lands  as  may  be  necessary  for  the 
prosecution  of  the  work  authorized  by  this  section. 

§  328.  Upon  the  completion  of  the  map  or  plan  for  the  drain-  gjj**.o«n* 
ago  of  any  sewerage  district,  such  map  or  plan  shall  he  the  per-  SgSnt^JJf 
manent  plan  for  the  sewerage  of  such  district,  subject,  however, 
to  such  subsequent  modifications  as  may  become  necessary  in 
consequence  of  alterations  made  in  tho  grade  of  any  street  or 
avenue  or  part  thereof  in  said  district,  or  otherwise.  Copies  of 
such  complete  plans  shall  be  made  and  filed  by  said  commis- 
sioner in  the  offices  of  the  board  of  alderman  and  comptroller. 
The  construction  of  the  work  under  said  plans  shall  have  pre- 
cedence over  aud  shall  not  be  interfered  with' by  any  work  con- 
nected with  other  street  improvements  in  said  district. 

£329.  The  said  commissioner,  upon  the  completion  of  the  plan 
of  sewerage  of  any  district,  and  the  filing  of  copies  thereof  as  Printed  nedfl- 
required  by  the  last  preceding  section,  or  as  soon  thereafter  as  contracts'for 
may  be  convenient,  shall  cause  printed  specifications  to  be  made  wo 
in  accordance  with  said  plan  of  the  work  proposed  to  be  done  in 
said  district,  and  shall  thereupon  invite  proposals  in  the  manner 
now  required  by  law,  and  shall  contract  for  the  whole  or  any 
part  of  the  work  in  said  district.    Upon  the  completion  of  the  certificate  of 
whole  of  the  work  embraced  in  any  contract  made  in  pursuance  naturaofvo^ 
of  this  title,  the  said  commissioner  shall  file  in  the  office  of  the 
board  of  assessors  in  said  city,  a  certified  statement  of  such 
completion,  and  of  the  nature  and  extent  of  the  work  done,  and 
the  prices  upon  which  the  contract  was  awarded,  together  with 
a  written  description  and  map  of  the  property  benefited  by  such 
work,  in  the  manner  now  required  by  law  in  the  matter  of 
street  improvements  in  said  city.    The  expenses  incurred  by  said 
commissioner  in  pursuance  of  this  title,  including  the  cost  of 
land,  shall  be  assessed  upon  the  property  benefited  by  the  im- 
provement made  ;  and  such  assessment  shall  be  laid  and  con' 
firmed  and  collected  in  accordance  with  the  laws  relative  to 
assessments  now  in  force  in  said  city. 

§  330.  The  said  commissioner  is  authorized  to  insert  in  each  iai5,ch.«8i  $1 
contract  made  by  him  under  this  title,  a  provision  that  navments  ^omp  m 

i  .  -  -     .      .  .  ,  ,  1    J  Certain  per- 

by  monthly  installments  of  seventy  per  cent,  of  the  amount  of  L-ent,aKeof 

ii  mi   i  i      _      ,        . ,  r  work  done  to  be 

work  done  will  he  made  during  the  progress  of  the  work,  the  paid  for duri"z 

x      °  *  progress  of 

remainder  of  the  moneys  to  be  retained  until  the  confirmation  "ork 
of  the  assessment,  and  then  paid  in  accordance  with  the  terms 
or  conditions  of  said  contract.  It  shall  be  the  duty  of  the  comp- 
troller, upon  the  requisition  of  the  said  commissioner,  to  pay-  all 
the  expenses  mentioned  in  the  last  preceding  section,  from  the 
proceeds  of  assessment  bonds  to  be  issued  in  accordance  with 
law. 


]  ■_>(  I 


DUTIES  OF  COMMISSIONER  OP  PUBLIC  WORKS. 


id.  $«• 

All  sewers  in  In- 
In  accordance 
with  general 
plan  of  com- 
missioner. 


Id.  S9, 

as  aineiideil 
1MC0,  ch.  551,  |1. 
Duty  of  com- 
inissloner  of 
public  works. 
Of  Comptroller. 


Id.  §11, 
us  amended 
lKtlti,  ch.  551,  it, 
C'omp.  345. 
Certificate  to 
board  of  assess- 
ors. 


IN*),  ch.  505.  $1. 
Commissioner 
to  complete 
jfrading.  etc. 


18S0,  ch.  565,  §2. 

Duty  of  com- 
missioner to 
transmit  to 


•  331.  It  shall  not  bo  lawful  hereafter  to  construct  any  sewer 
or  drain  in  the  city,  unless  such  sewer  or  drain  shall  be  in  ac- 
cordance with  the  general  plan  devised  by  said  commissioner 
for  the  sewerage  of  the  particular  district  in  which  such  sewer 
or  drain  is  proposed  to  be  constructed. 

§  332.  In  order  to  provide  f<>r  the  more  effectual  and  econom- 
ical construction  of  said  sewers,  the  said  commissioner  may 
contract,  in  pursuance  of  law,  for  such  materials  used  in  the 
construction  of  sewers,  and  in  such  quantities  as  he  may  deem 
proper  ;  and  it  shall  be  lawful  for  the  coinptrol  lei  to  pay,  on  the 
requisition  of  said  commissioner,  from  the  proceeds  of  assess- 
ment bonds  authorized  to  be  issued,  for  such  materials,  and  the 
expenses  for  engineers,  surveyors,  inspectors,  or  other  persons 
employed  by  authority  of  said  commissioner,  in  the  construction 
of  sewers. 

ji  333.  It  shall  be  the  duty  of  the  commissioner  of  public 
works,  upon  the  completion  of  any  sewer  constructed  by  virtue 
of  the  preceding  sections,  to  certify  to  the  board  of  assessors 
the  quantity  of  mater#ds  used  and  the  price  thereof,  and  the 
charges  for  engineers,  surveyors,  inspectors  or  other  persons, 
which  have  been  paid  by  virtue  of  the  last  preceding  section, 
for  each  sewer  constructed  by  such  authority,  in  order  that  the 
expenses  for  said  materials  and  labor  may  be  properly  appor- 
tioned, together  with  such  other  expenses  as  may  lawfully  be 
incurred  in  said  construction  on  the  property  benefited  by  the 
-aid  improvement. 

>j  331.  The  commissioner  of  public  works  is  hereby  author- 
ized and  directed  to  complete  the  regulating,  grading,  curbing 
and  guttering,  construction  of  roadways,  flagging  the  side- 
walks, the  planting  of  shade  trees,  construction  of  sewers,  and 
of  the  necessary  retaining  walls  to  support  the  roadways  and 
sidewalks  of  the  streets  and  avenues  bounding  Morningside 
park,  according  to  such  plans  as  the  said  commissioner  may 
deem  for  the  best  interests  of  said  city  ;  all  such  work  and  the 
materials  necessary  therefor  to  be  done  and  procured  by  one  or 
more  contracts  made  at  public  letting  in  the  manner  provided 
by  law,  except  that  the  said  commissioner  is  hereby  authorized 
to  appoint  such  engineers,  or  such  other  persons  as  he  shall  deem 
proper;  to  make  the  necessary  surveys,  estimates,  plans  and 
specifications,  and  supervise  the  construction  of  the  work  herein 
mentioned  to  be  done  by  said  commissioner,  and  the  expense 
thereby  incurred  shall  be  included  in  the  assessment  for  the 
work. 

§  335.  It-  shall  be  the  duty  of  the  said  commissioner  to  trans- 
mit to  the  board  of  assessors,  upon  the  completion  of  said 
works,  or  any  portion  thereof,  as  the  said  commissioner  may 


DUTIES  OF  COMIOSSONER  OF  PUBLIC  WORKS. 


121 


deem  advisable,  his  certificate  of  (he  aim  units  heretofore  ex-  i  ■u,i..i  . 

•  11  t  i*   ow  •mount 

ponded  upon  said  works,  together  with  tlie  expenditures  hereof-  expended, ete 

tor  incurred  upon  (he  same  by  him  under  the  provisions  of  the 

preceding  section. 

.  .     .  .  Id.  S3. 

§886.  The  said  commissioner  is  hereby  authorized  and  ch„„K,.  „f 
directed  to  change  and  adjust  the  grades  of  the  streets  and  ave-  SSwaVetc. 
nues  hounding  said  park  in  such  manner  as  he  may  deem  for 
the  best  interests  of  the  public;  provided  that  such  altered 
grades  shall,  at  the  intersection  of  the  centre  line  of  any  abut- 
ting street  or  avenue,  coincide  with  the  present  established  grade 
of  such  abutting  street  or  avenue;  and  it  shall  be  the  duty  of 
the  said  commissioner  to  file  in  the  department  of  public  parks, 
in  the  department  of  public  works,  and  in  the  office  of  the  regis- 
ter of  the  city  and  county  of  New  York,  a  map  or  maps,  duly 
certified  by  him,  showing  the  grades  of  said  streets  and  ave- 
nues as  so  changed  and  adjusted,  and  upon  the  filing  of  said 
map  or  maps  as  herein  provided,  the  grades  shown  therein  shall 
be  deemed  established  as  shown  on  said  map  <>r  maps. 

;j  3.°)T.  The  department  of  public  work*  shall  have  control  of  Id-S4i 
the  care  and  maintenance  of  said  streets  and  avenues,  and  the  control  or 

7  streets,  etc. 

improvements  upon  the  same,  after  completion. 

s  ;'3S.  Permission  and  authority  is  hereby  given  to  the  com-  1,1 
missioner  of  public  works  to  place  the  slope  or  batter  of  the  oroatterotope 
retaining  walls  within  the  limits  of  the  said  Morningside  park,  Umitsof  park, 
and  the  said  commissioner  and  the  contractors  and  their  em- 
ployees for  doing  said  work  may  enter  and  occupy  that  part  of 
.Morningside  park  fronting  the  avenues  adjacent  thereto,  for 
such  time  as  maybe  required  for  the  construction  of  said  retain- 
ing walls  and  slope  or  batter.  Such  modifications  and  adjust- 
ment of  said  retaining  walls  and  slope  or  batter  as  may  be 
required  to  conform  to  plans  and  specifications  of  the  depart- 
ment of  public  parks  for  the  approaches  or  means  of  ingress  or 
egress  to  or  out  of  said  Morningside  park,  shall  bo  made  or 
done  by  the  department  of  public  parks,  and  the  work  which 
the  commissioner  of  public  works  is  authorized  to  do,  and  the 
work  required  to  be  done  in  and  about  said  retaining  walls, 
slope  or  batter,  as  herein  described,  to  carry  out  the  plans  and 
specifications  of  the  department  of  public  parks,  shall,  as  far  as 
practicable,  be  prosecuted  at  the  same  time. 

vj  33!».  The  commissioner  of  public  works  shall,  prior  to  the  isso,  en.  sh,  |i. 
twenty-sixth  day  of  June,  eighteen  hundred  and  eighty-three,  I881,ch-fi87«*1 
lay  out  and  establish  a  street  of  the  width  of  not  less  than  sixty 
feet  limning  from  Tenth  avenue  at  or  opposite  One  Hundred 
and  Thirty-eighth  street  to  Avenue  Saint  Nicholas,  with  such 
windings  and  turnings,  courses  and  directions  as  in  his  judg- 
ment may  best  serve  to  promote  the  interest  of  the  city  and  of  the 


L22 


DL'TIKS  OF  COMMISSIONER  OF  PUBLIC  WORKS. 


Route 


owners  of  property  affected  thereby,  in  tliat  section  of  the  city 
"bounded  northerly  by  a  continuation  easterly  from  Tenth  ave- 
nue to  Avenue  St.  Nicholas  of  the  northerly  lino  of  One  Hun 
died  and  Forty-third  street*  westerly  by  Tenth  avenue,  easterly 
wia™outst"cret  b>'  Avenue  St.  Nicholas,  and  southerly  by  the  northerly  and 
northeasterly  line  of  the  lands  of  the  Female  Academy  of  Sa- 
cred Heart  and  the  southerly  line  of  One  Hundred  and  Thirty- 
third  street  extended  and  continued  westerly  from  the  Avenue 
Saint  Nicholas  until  it  meets  the  said  northeasterly  lines  of  the 
Alteration  of     said  lands  of  the;  said  academy.    And  the  said  commissioner  of 

map. 

public  works  is  authorized  to  make  such  changes  and  alterations 
in  the  map  or  plan  of  the  said  portion  of  the  said  city  by  aban- 
doning, closing,  extending,  widening  or  narrowing  the  existing 
streets,  avenues  or  roads  to  such  extent  as  may  be  necessary  in 
order  to  properly  conform  to  the  new  street  authorized  to  be  laid 
Map  or  nc«      out  by  the  provisions  of  this  sect  ion.    And  he  shall  cause  to  be 

street.  * 

made  a  map  of  the  said  street  which  in  addition  to  said  street 
shall  show  such  changes  and  alterations  of  streets,  avenues  or 
roads,  or  portions  thereof,  as  may  be  required  as  aforesaid.  The 
said  map  shall  be  signed  by  said  commissioner  and  fded  in  the 
department  of  public  works,  and  copies  thereof  certified  by  said 
commissioner  shall  be  filed  in  the  office  of  the  secretary  of  state 
and  of  the  register  of  the  city  and  county  of  New  York,  and 
from  the  day  of  its  filing  it  shall  be  conclusive  upon  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New  York,  and  any 
and  all  persons  whomsoever.  But  nothing  herein  contained 
shall  be  construed  to  authorize  the  laying  out,  opening  or  con- 
struction of  any  street,  avenue  or  road  through  any  cemetery. 
The  street  shall  be  opened  and  the  lands  necessary  therefor  ac- 
a*"?£edbe  quired  upon  the  application  of  the  commissioner  of  public 
works,  who  shall  make  such  application  immediately  upon 
the  filing  of  said  map  for  and  on  behalf  of  the  mayor,  alder- 
men, and  commonalty  of  the  city  of  New  York,  in  like 
manner  as  is  now  provided  by  law  for  opening  other  streets, 
avenues,  or  roads  in  said  city,  but  nothing  in  said  laws  con- 
tained shall  authorize  the  discontinuance  of  such  proceedings. 
The  streets,  avenues,  and  roads,  and  the  portions  thereof  desig- 
nated on  said  map  as  closed  and  abandoned  may  be  closed  by 
order  of  the  supreme  court  upon  the  application  of  the  commis- 
sioner of  public  works  for  and  on  behalf  of  the  mayor,  alder- 
men, and  commonalty  of  the  city  of  New  York,  in  like  manner 
as  is  now  provided  by  law  for  closing  streets,  avenues,  and  roads 
in  said  city,  and  it  shall  be  lawful  to  unite  in  one  application  or 
proceeding  the  opening  of  the  said  street,  and  the  closing  of  any 
and  all  streets,  avenues,  and  roads  designated  upon  said  map  as 
closed,  or  such  parts  thereof  as  it  may  be  deemed  best  to  close, 


» 


DUTIES  OF  COMMISSIONER  OP  PUBLIC  WORKS. 


L2g 


and  which  intersect  or  tie  adjacent  to  the  said  new  street  or  '•"  ■ 
avenue  proposed  .to  be  opened  in  said  proceeding.    When  the 
said  street  so  laid  out  shall  he  opened  as  aforesaid,  the  said  com- 
missioner shall  have  the  power  to  tlx  the  grades  thereof,  and  to 
change,  the  existing  grades  of  intersecting  or  contiguous  streets, 
avenues  or  roads,  so  far  as  in  his  judgment  may  ho  necessary  to 
secure  a  conformity  of  grades  of  all  such  streets,  avenues  and 
roads,  with  the  grade  of  the  new  street  laid  out  as  provided  in 
this  section,  and  the  said  commissioner  of  public  works  shall 
within  three  months  after  the  opening  of  the  said  street  cause  a 
map  showing  the  grades  thereof,  and  of  the  intersecting  and 
contiguous  streets,  avenues,  and  roads,  so  far  as  changed,  to  he 
made  and  tiled  in  the  department  of  public  works,  and  copies 
thereof  certified  by  said  commissioner  shall  be  filed  in  the  office 
of  the  secretary  of  state,  and  the  office  of  the  register  of  the  city 
and  county  of  New  York,  and  the  said  maps,  when  so  filed, 
shall  be  in  all  respects  final  and  conclusive  upon  the  mayor, 
aldermen,  and  commonalty  of  the  city  of  New  York,  and  upon 
all  persons  whomsoever,  and  shall  thereafter  he  changed  only 
by  ordinances  of  the  mayor,  aldermen  and  commonalty  of  the 
city  of  New  York,  upon  the  petition  of  the  property  owners  as 
now  provided  by  law  for  changes  of  grades  in  other  portions  of 
said  city.    "When  title  to  such  lands  for  the  new  street  to  be  laid  lanfefaasbeen 
out  under  the  provisions  of  this  section,  necessary  therefor,  tofeopened. 
shall  have  been  acquired,  the  commissioner  of  public  works 
shall  as  soon  as  practicable  proceed  to  open  said  new  street,  and 
render  and  make  it  fit  for  travel  by  regulating,  grading,  paving 
or  macadamizing  or  otherwise  improving  it  or  in  any  way  or  by 
any  other  process  or  means  which  he  may  deem  best  for  the 
convenience  of  the  public,  and  in  his  discretion  curb,  gutter  and 
{lag  the  same  and  the  sidewalks  thereof,  and  at  the  earliest 
practicable  time  throw  the  same  open  for  public  use,  and  no 
ordinances  cf  the  common  council,  or  other  authority  than  such 
as  is  conferred  by  this  section,  shall  be  necessary  to  authorize 
him  to  proceed  forthwith  with  such  work  ;  all  such  work,  and 
the  materials  thereof,  to  be  done  and  procured  by  one  or  more 
contracts  made  at  public  letting,  in  the  manner  provided  by 
section  sixty-four,  except  that  the  said  commissioner  is  author- 
ized to  appoint  such  engineers  or  such  other  persons  as  he  may 
deem  proper  to  make  the  necessary  surveys,  estimates,  plans  £^duui4ft.-. 
and  specification,  and  supervise  the  construction  of  the  work  ^-^n^roiTl. 
herein  mentioned  to  be  done  by  said  commissioner,  and  the  ,oAssessor? 
expense  thereby  incurred  shall  be  included  in  the  assessment  of 
the  work.    It  shall  be  the  duty  of  the  said  commissioner  of 
public  works  to  transmit  to  the  boai'd  of  assessors,  upon  the 


124 


DL'TIKS  <>K  COMMISS10NBB  01    PI  BLIC  WORKS. 


completion  of  said  works,  or  any  portion  thereof,  as  the  bain* 
commissioner  may  deem  advisahle,  his  certificate  of  the  expendi- 
tures incurred  upon  the  same  by  him  under  the  provisions  of 
this  section,  and  the  proceedings  of  laying  and  collecting  assess- 
ments for  work  so  certified  shall  he  pursuant  to  the  laws  now 
or  hereafter  in  force  for  laying  and  collecting  assessments  for 
local  improvements  in  said  city  ;  assessments  which  are  author- 
ized for  the  expense  of  any  work  or  materials  procured,  or 
service  rendered  under  this  section,  may  he  laid  separately,  from 
time  to  time,  upon  the  receipt  by  the  said  board  of  assessors  of 
such  certificate  of  the  said  commissioner. 
conpU1,8,8''  §  340.  The  maps  or  plans  fded  by  the  commissioner  of  public 
Maps  works  pursuant  to  the  provisions  of  section  one  of  chapter  five 

hundred  and  eighteen  of  the  laws  of  eighteen  hundred  and 
seventy-nine,  of  that  portion  of  the  city  of  New  York  lying 
between  and  bounded  by  One  Hundred  and  Forty  fifth  street  on 
the  south,  the  Eighth  avenue  on  the  east,  the  northerly  side  of 
One  Hundred  and  Fifty-fifth  street  on  the  north  and  the  Hudson 
River  on  the  west,  shall  continue  to  be  the  lawful  maps  of  said 
portions  of  the  city. 
complice}8'         §        ^ne  streets*  avenues,  and  roads  shown  upon  said  maps 
?t?^avefnues  of  said  portion  of  the  city,  shall  be  opened  upon  the  application 
and  romis.      0f  the  commissioner  of  public  works,  in  like  manner  as  is  now 
provided  by  law  for  opening  other  streets,  avenues,  and  roads 
in  said  city  ;  but  no  street,  avenue,  or  road  for  the  first  time  laid 


DUTIES  «>1   COMMISSIONER  OF  PUBLIC  WORK8.  V>'> 

out  under  the  provisions  of  tlie  act  in  the  last  section  referred  to 
shall  he  opened  without  the  consent  in  writing  of  the  owners  of 
three-fifths  of  all  the  lands  fronting  on  said  street,  avenue,  or 
road,  and  of  three-fifths  of  all  the  lands  lying  between  such 
street,  avenue,  or  road,  and  the  street,  avenue,  or  road  parallel 
thereto,  and  the  next  adjacent  on  either  side  ;  and  in  case  there 
shall  he  no  such  parallel  street,  avenue,  or  road  within  a  less 
distance  than  three  hundred  feet,  then  of  the  owners  of  three- 
fifths  of  the  lands  lying  within  three  hundred  feet  on  either 
side  thereof,  first  had  and  ohtained. 

8  342.  Whenever  any  street,  avenue,  or  road  is  so  laid  out  w. ». 

°  i  tirades. 

and  opened,  the  said  commissioner  shall  have  the  power  to  fix 
the  grades  thereof,  and  to  change  the  existing  grades  of  inter- 
secting streets,  avenues,  and  roads.  And  the  said  commissioner 
shall,  within  three  months  after  the  opening  of  any  such  street, 
avenue,  or  road,  cause  a  map  thereof,  showing  the''  grades 
thereof,  and  of  the  intersecting  streets,  avenues,  and  roads,  to  be 
made  and  filed  in  the  department  of  public  works,  and  copies 
thereof,  certified  by  the  said  commissioner,  shall  he  filed  in  the  *3&2*$Si 

'  J  '  craaes  to  be 

offices  of  the  secretary  of  state  and  of  the  register  of  the  city  and  made  and  fiiwi. 
county  of  New  York,  which  said  maps,  when  so  filed,  shall  he  in 
all  respects  final  and  conclusive  upon  the  mayor,  aldermen,  and 
commonalty  of  the  city  of  New  York,  and  upon  all  persons 
whomsoever. 

§  3-1-3.  The  commissioner  of  public  works  is  authorized  and  i8nich.742,sw, 
empowered,  in  his  discretion,  on  the  application  in  writing  of  °mp 
the  head  of  the  fire  department,  to  grant  to  's.iid  department 
locations  for  apparatus  houses  of  said  department  on  any  of  the 
public  property,  streets,  or  slips  under  the  control  of  the  depart- 
ment of  public  works;  provided  the  same  are  so  located  and 
constructed  as,  in  the  judgment  of  the  commissioner  of  public 
works,  will  not  disfigure  nor  mar  the  appearance  of  the  same, 
nor  interfere  with  the  purposes  of  travel  or  public  recreation; 
and  if  placed  upon  any  avenue,  street,  or  slip,  shall  not  reduce 
tho  width  of  the  same  between  the  curbs,  for  the  purposes  of 
travel,  at  the  place  of  such  location,  to  he  less  than  thirty  feet 
on  each  side  of  such  building. 

§  341.  Whatever  work,  if  any,  may  be  necessary  to  complete 
the  county  court-house  buildings  shall  be  proceeded  with  by  the  j^,0^ dejLit- 
commissioner  of  public  works,  when  authorized  by  the  board  of  wortatomo^ 
estimate  and  apportionment.    No  such  work  shall  be  authorized  cee<1  "itl1  work- 
by  said  board  until  a  special  appropriation  is  made  to  provide 
for  the  cost  of  the  same,  and  it  shall  not  be  lawful  for  the  head 
of  said  department  to  exceed  the  amount  so  appropriated  in 
completing  the  buildings. 


IM'TIKS  <»!■•  COMMISSIONER  OF  PUBLIC  WORKS. 


l*J0,ch.l91,s:j. 
Commissioner 
i  - 1  prepare  1 1 ■  1 1 < I 
in  Ninth  warfl. 


1868,  ch.  919, 
Comp.317. 
1874,  eta.  606, 
Coiup.  3IH. 
1870,  ch.  1(i!>, 
Comp.  31!'. 
1879  oh.  008, 
( Vmip.  ,'l.V). 
I881,ch.447,5l, 
Bloating  baths 


184J7,  ch.  (j-J.">. 
Ill,  2. 
Colnp.  340. 
Location  of 
public  urinal- 
Maintonaiioe 
and  clcanlinc- 
of. 


Kegulutc  First 
avenue. 


1881,  ch.  450,  §1. 
Pipes  to 
reservoir. 


§  345.  After  ..lands  shall  have  h-en  acquired  in  the  Ninth 
ward  for  a  public  market  place  for  farmers  and  market  garden  - 
ers,  as  provided  by  law,  the  commissioner  of  puhlic  works  shall 
preparo  the  same  for  occupancy,  and  shall  have  power  to  pur- 
chase and  erect  the  necessary  appurtenances  and  stmctures  for 
the  purposes  aforesaid,  under  such  rest rictions  as  have  been  or 
shall  he  established  by  law  for  the  control  of  the  expenditures  of 
the  departments  of  the  said  city. 

340.  The  mayor,  aldermen,  and  commonalty,  hy  the  de- 
partment of  puhlic  works,  are  authorized  and  directed  to  main- 
tain nine  free  puhlic  floating  baths,  one  of  which  shall  be  lo- 
cated in  the  East  river,  one  in  the  Hudson  river,  one  at  Seven* 
teenth  street  and  East  river,  one  in  the  Fifth  ward,  and  the 
others  at  places  designated  by  the  commissioner  of  public  works, 
which  shall  be  and  remain  under  the  exclusive  control  and  man 
agement  of  the  said  department  of  public  works. 

§  347.  The  commissioner  of  public  works  is  authorized  and 
empowered  to  locate,  erect,  and  establish  public  urinals  within 
the  boundaries  of  any  street,  avenue,  public  place,  or  thorough- 
fare in  said  city,  as  he  may  from  time  to  time  deem  advisable, 
and  connect  the  same  by  drains  or  suitable  pipes  with  any  adja- 
cent sewer.  After  the  erection  and  completion  of  said  public 
urinals,  it  shall  be  the  duty  of  the  department  of  public  works 
to  provide  for  their  maintenance  and  cleanliness;  and  every  per- 
son defacing  or  damaging  said  constructions,  or  writing  or  post- 
ing notices,  figures  or  devices  thereon,  shall,  on  conviction  before 
any  police  justice  of  said  city,  be  subject  to  a  penalty  of  fifty  dol- 
lars, or  imprisonment  for  the  term  of  three  months  in  the  peni- 
tentiary of  said  city  and  county  in  the  discretion  of  said  justice. 

§  348.  It  shall  be  the  duty  of  the  commissioner  of  public 
works  to  proceed,  in  the  manner  provided  by  law,  and  complete 
the  regulating,  grading,  curbing,  guttering  and  flagging  of  First 
avenue  from  Ninety-second  street  to  One  Hundred  and  Ninth 
street. 

§  349.  The  commissioner  of  public  works  is  hereby  authorized 
and  directed  to  remove  the  pipes  connecting  with  the  reservori 
on  Fifth  avenue,  between  Fortieth  and  Forty-second  streets,  and 
to  lay  another  main  in  Fifth  avenue  between  Fortieth  and  Forty- 
second  streets,  to  connect  the  mains  now  leading  in  and  out  of 
the  said  reservoir.  He  is  further  directed  to  remove  the  struc- 
ture and  grade  the  ground  now  occupied  by  the  said  reservoir  to 
the  level  of  the  adjacent  streets  in  a  suitable  manner  for  the  pur- 
pose of  a  park. 


DUTIES  OF  COMMISSIONER  OF   PUBLIC  WORKS. 


127 


Title  2. — J)u(ics  and  Powers  of  the  Department  as  to  Procuring 
mat  Distributing  Water. 

$  35u.  The  commissioner  of  public  works  shall  from  time  to  isn.eh.oM.i 
time  establish  scales  of  rents  for  tb<>  supplying  of  water,  which  s^ieofumter 
rents  shall  be  collected  in  the  manner  now  provided  by  law,  and  I'Xl  s  c  si 
which  'shall  be  apportioned  to  different  classes  of  buildings  ^^sS8''18' 
in  said  city  in  reference  to  their  dimensions,  values,  exposure  to 
tires,  ordinary  uses  for  dwellings,  stores,  shops,  private  stables, 
and  other  common  purposes,  number  of  families  or  occupants 
or  consumption  of  water,  as  near  as  may  be  practicable,  and 
modify,  alter,  and  amend  and  increase  such  scale  from  time  to 
timo,  a«d  extend  it  to  other  descriptions  of  buildings  and  estab- 
lishments.   Such  rents  shall  be  collected  from  the  owners  or  t^SuS?" 
occupants  of  all  such  buildings,  respectively,  which  shall  be  sit-  lonewafterCro 
uated  upon  lots  adjoining  any  street  or  avenue  in  said  city  in 
which  the  distributing  water  pipes  are  or  may  be  laid,  and  from 
which  they  ^an  be  supplied  with  water.    Said  rents  shall  be- 
come a  charge  and  lien  upon  such  houses  and  lots,  respectively, 
as  herein  provided. 

|  851.  The  commissioner  of  public  worts  is  authorized,  on  isro.ch.  m 
behalf  of  the  mayor,  aldermen,  and  commonalty  to  contract  cbmp.sw. 
from  time  to  time  with  the  city  of  Yonkers,  or  tbe  board  of  aSo? com- 
water  commissioners  of  the  city  of  Yonkers,  for  a  supply  of  ^ub1icnworkfs. 
wholesome  water  for  the  Twenty-fourth  ward,  from  the  water-  chargcsrates  or 
works  or  water  belonging  to  them  or  under  their  charge  and 
control,  for  such  time,  in  such  quantities,  and  at  such  prices  as 
may  be  agreed  upon  by  them.  The  said  commissioner  of  public 
works  is  authorized  and  directed  to  procure,  purchase,  and  lay, 
.provide  and  make  ready  for  use,  from  time  to  time,  so  many 
mains  and  pipes  and  other  means  and  appliances,  and  erect  so 
many  hydrants  as  may  be  necessary  and  sufficient  to  distribute 
and  supply  the  water  so  procured  under  contract  with  the  city 
of  Yonkers,  to  and  through  the  Twenty-fourth  ward,  or  such 
part  of  it  as  may  require  or  be'in  need  of  the  same,  and  which 
cannot,  or  ought  not  in  his  judgment,  be  supplied  from  the 
Croton  water- works,  and  to  purchase,  provide,  do,  and  perform 
all  tilings  necessary  or  proper  to  enable  the  said  Twenty-fourth 
ward,  or  said  part,  and  the  inhabitants  thereof,  to  obtain  and 
bave  an  abundant  supply  of  water  at  all  times,  and  for  such 
purpose,  in  case  of  necessity  or  convenience,  to  arrange  and  agree 
with  the  owner  of  lands  in  saidVard  for  an  irrevocable  license  or 
permission  to  enter  upon,  lay,  repair,  keep  in  order,  protect,  and 
maintain  mains,  pipes,  conduits,  and  hydrants  in,  through  and 
upon  said  lands.  The  commissioner  of  public  works  is  author- 
ized to  fix,  and  from  time  to  time  to  alter,  special  rates  or 


WATER  RENTS. 


1878,  cb.  885(478, 
Comp.  si, 

Wnii-r  meters. 


Expenses  for 
meters,  etc.,  a 
lien  on  prem- 
ises. 


1871,  eh.  ~T5,  $5, 
Comp.  311. 
Money  col- 
lected for 
meters,  connec- 
tions, etc. 


1S49,  ch.  383, 
$20,  Comp.  '.i1 


charges  for  water  supplied  to  any  house  or  building,  or  to  an) 
other  erection  or  structure,  in  the  Twenty-fourth  ward,  including 
washers  and  hydrants,  and  to  make  Mich  arrangi WOBSA  and 
rules  as  may  ho  proper  to  ascertain  the  quantity  of  water  used 
therein  or  hy  means  thereof,  and  such  rates  and  charges  shall  be 
a  lien  until  paid  upon  the  lands  upon  which  such  house,  build- 
ing or  other  erection  or  structure  may  stand  or  be  situated,  and 
shall  bo  collectable  at  the  same  time  and  in  the  same  manner, 
including  sales  for  unpaid  taxes,  as  the  ordinary  tax  imposed 
on  the  same  lands. 

§  352.  The  commissioner  of  public  works  is  authorized,  in 
his  discretion,  to  cause  water  meters,  the  pattern  and  price  of 
which  shall  be  approved  by  the  major,  comptroller,  and  chief 
engineer  of  the  Croton  aqueduct,  to  be  placed  in  all  stores, 
workshops,  hotels,  manufactories,  public  edifices,  at  wharves, 
ferryvhouses,  stables,  and  iii  all  places  in  which  wateris  furnished 
for  business  consumpton  by  the  department  of  public  works, 
except  private  dwellings,  so  that  all  water  so  f nrnivhed  therein  or 
thereat  maybe  measured  and  known  by  the  said  department,  and 
for  the  purpose  of  ascertaining  the  ratable  portion  which  consum- 
ers of  water  should  pay  for  the  water  therein  or  thereat  received 
and  used.  Thereafter,  as  shall  be  determined  by  the  commissioner 
of  public  works,  the  said  department  shall  make  out  all  bills  and 
charges  for  water  furnished  by  them  to  each  and  every  con- 
sumer as  aforesaid,  to  whose  consumption  a  meter  as  aforesaid 
is  affixed,  in  ratable  proportion  to  the  water  consumed,  as 
ascertained  by  the  meter  on  his  or  her  premises  or  places  occu- 
pied or  used  as  aforesaid.  All  expenses  of  meters,  their  con- 
nections and  setting,  water  rates  and  other  lawful  charges  for 
the  supply  of  water,  shall  be  a  lien  upon  the  premises  where 
such  water  is  supplied  as  now  provided  by  law.  Nothing  herein 
contained  shall  be  construed  so  as  to  remit  or  prevent  the  due 
collection  of  arrearages  or  charges  for  water  consumption  here- 
tofore incurred,  nor  interfere  with  the  proper  liens  therefor,  nor 
of  charges,  or  rates,  or  liens  hereafter  to  be  incurred  for  water 
consumption  in  any  dwelling-house,  building,  or  place  which 
may  not  contain  one  of  the  meters  aforesaid.  The  moneys  col- 
lected for  expanses  of  meters,  their  connections  and  settings, 
shall  be  applied  by  the  commissioner  of  public  works  to  the 
payment  of  expenses  incurred  in  procuring,  connecting  and 
setting  said  meters. 

§  353.  The  annual  rents  which  are  not  paid  to  the  department 
of  public  works  before  the  first  day  of  August  in  each  year, 
shall  be  subject  to  an  additional  charge  of  five  per  cent.,  and 
those  rates  not  paid  before  the  first  day  of  November  in  each 
year  shall  be  subject  to  an  additional  charge  of  ten  per  cent. 


11IK  WAT1CK  SI TI'IA  . 


1 99 


.''.51.  .No  patent  hvdrant.  valve,  or  slop-cock  shall  be  used  ii-nt-in 

,  _  urn  *An*. 

by  the  department  of  public  works  unless  the  patentee  or  owner  isro.oh.  an,  |i, 

of  said  patent  shall  allow  the  use  of  the  patent  by  said  depart-  SSSSuS^d 

mont  without  royalty.  f  . 

§  856.  The  rules  and  restrictions  for  the  use  of  the  water  i>v.iran' ">■ 

printed  on  each  permit  shall  he  notice  to  the  water-takers,  and  inf'^qubg 

shall  authorize  the  exaction  and  recovery  bv  nrocess  of  law  of  Hui.-spriiii.^i 

any  penalties  which  the  commissioner  of  public  works  may  j£g£ff£>!ff 
impose  in  addition  to  cutting  off  the  use  of  the  water  for  any 
violation  of  the  rules,  and  this  section  shall  be  printed  on  such 
permits. 

ojO.  The  commissioner  of  public  works,  when  thereunto  [87V, eh. 881, |i: 

i'-ii  i"  t  I  Comp.  'AVI. 

authorized  by  a  resolution  or  ordinance  passed  by  a  three-  Whi  n  nivl  lir.u 
fourths  vote  of  all  the  members  elected  to  the  common  council,  water  may  ba 
to  bo  approved  by  the  mayor,  is  authorized  to  expend  for  **' 
materials  to  be  used  and  labor  and  other  services  to  be  per- 
formed by  contract,  let  at  public  letting,  as  now  provided  by 
law.  in  laying  pipes  to  extend  and  enlarge  the  distribution  of 
water  through  the  city  of  New  York,  and  in  furnishing  a  sufli- 
cient  supply  thereof  to  the  institutions  in  charge  of  the  depart- 
ment of  public  charities  and  correction  located  on  Blackwell's 
island,  Ward's  island,  and  Randall's  island,  and  in  laying  mains 
neees-ary  b>  deliver  such  water  at  higher  levels  and  in  greater 
quantities,  and  erecting  such  fixtures  as  he  may  deem  necessary, 
in  each  and  every  year  a  sum  not  exceeding  two  hundred  and 
fifty  thousand  dollars  in  addition  to  the  amounts  heretofore 
authorized  to  be  expended  for  said  purposes. 

§857.  The  department  of  public  works  is  charged  with  the  18*9,  <&  888, $*, 
preservation  of  the  Croton  lake  and  all  waters  from  which  a  Department  to 
water  supply  is  drawn  by  the  city,  with  the  preservation  of  the  c^nS^and 
banks  of  the  Croton  liver  and  other  waters  from  injury  or  ' 
nuisances,  with  the  execution  of  such  measures  as  may  be 
necessary  to  preserve?  and  increase  the  quantity  of  water  and 
keep  it  pure,  with  the  management;  preservation;  and  repairs 
of  the  dam,  gates,  aqueduct,  high  bridge,  reservoirs,  mains, 
pipes,  pipe  yard,  and  property  of  every  description  belonging  to 
the  water  works,  and  shall  have  the  construction  of  such  new 
works,  and  the  purchase  and  laying  down  of  such  mains  and 
pipe  as  may  be  authorized  in  accordance  with  law.    Said  depart-  Supply  of  wfll-r 
ment  shall  be  responsible  for  the  supply  of  water  and  the  good.  tli»>  works, 
order  and  security  of  all  the  works  from  the  Croton  lake  to  the 
city,  inclusive,  for  the  exactness  and  durability  of  the  structures 
which  may  be  erected  and  of  the  daily  work  to  be  performed, 
and  for  the  sufficiency  of  the  supply  in  the  pipe  yard  to  meet 
every  casualty,  and.  for  the  fidelity,  care,  and  attention  of  all 
persons  employed  by  the  department  in  watching  the  works  and 


i:',0 


THE  WATER  8UPPL\ 


1880,  cb.  I'*, 
HI,  S,  C'omp. 


Lam],  how  in  be 
used, 


C  onditlon. 


Fences. 
Id.  m. 


1  'ns.M- 


18 

t'ouip 
Highway 
repair  of. 


ch.!M5,  S2I, 
336. 


iwg,  ch.  m>.  jl, 
Comp.  311. 

Laudator  reser- 
voirs, etc..  to  be 
taxed. 


in  making  constructions  and  repairs,  ami  shall  inspect  thor- 
onghly  the  interior  of  the  acqueduct  and  make  the  necessary 
repairs  at  least  twice  in  the  year. 

§  358.  The  lands  situate  in  the  county  of  Westchester  which 
were  taken  hy  the  corporat  ion  of  the  city  and  county  of  New 
York,  hy  virtue  of  the  act  entitled  "an  act  to  provide  for  sup- 
plying the  city  of  New  York  with  pure  and  wholesome  water," 
passed  May  second,  eighteen  hundred  and  thirty-four,  shall  he 
held  and  appropriated  by  the  said  corporation  only  for  the  use 
and  purpose  of  introducing  water  into  the  city,  and  for  purposes 
necessarily  incident  thereto,  and  for  no  other  uses  or  purposes 
whatever.  In  case  said  corporation  should  use  any  of  said  lands 
situate  in  the  county  of  Westchester  for  purposes  other  than 
in  this  section  permitted  ;  or  in  case  said  land  should  not  be 
required  for  the  purpose  of  introducing  water  into  the  city,  such 
lands  so  improperly  used,  or  not  so  required,  shall  become 
revested  in  the  individual  from  whom  the  said  corporation 
obtained  it.  as  fully  and  perfectly  as  though  the  said  act  had 
never  been  enacted,  upon  repaying  to  said  corporation  the 
amount  .originally  paid  for  the  same,  after  deducting  from  such 
amount  the  damages  sustained  by  such  individual  by  reason  of 
any  alteration  or  work,  which  the  said  corporation  may  have 
made  upon  said  land. 

:'.5!».  The  corporation  of  the  city  of  N<  w  York  shall,  at  the 
expense  of  the  said  corporation,  erect  and  sustain  all  fences 
which  may  be  required  to  protect  the  works  upon  said  last- 
mentioned  lands  from  injury,  and  shall,  whenever  said  aque- 
duct shall  intersect  the  land  in  the  said  county  of  Westchester 
belonging  to  an  individual  or  individuals,  erect  and  sustain  at 
the  expense  of  the  said  corporation  convenient  passes  across  or 
under  the  acqueduct  erected  by  virtue  of  said  act  for  the  farm- 
ing and  other  purposes  of  the  land  thus  intersected. 

§  360.  The  city  of  New  York  is  hereby  required^to  repair 
and  forever  maintain  the  highways  built  or  in  process  of  con- 
struction by  the  said  city  around  the  new  reservoir,  on  the 
middle  branch  of  the  Croton  river,  in  the  town  of  South  East. 

§  361.  The  lands  heretofore  taken  or  to  be  taken  for  storage, 
reservoirs,  or  for  other  constructions  necessary  for  the  introduc- 
tion and  maintenance  of  a  sufficient  supply  of  water  in  the  city  , 
shall  be  assessed  and  taxed  in  the  counties  in  which  they  are  or 
may  be  located,  in  the  manner  prescribed  by  law,  at  the  value 
of  the  lands,  exclusive  of  the  aqueduct,  and  the  constructions 
and  works  necessary  for  its  purposes  ;  and  the  said  aqueduct, 
with  such  aforesaid  constructions  or  works,  and  the  capital 
therein  employed,  and  belonging  to  the- corporation  of  the  city 
of  New  York,  shall  be  assessed  and  taxed  onlv  within  the  city 


LANDS  FOR  RESERVOIRS. 


131 


and  county  ol'  New  >'ork,  and  in  tlio  same  manner  as  personal 
property  of  the  said  corporation  now  is  or  may  hereafter  be  as- 
sesbcd  and  taxed,  provided  thai  the  assessed  value  of  the  said 
lands  sball  not  exceed  the  assessed  value  of  the  lands  in  the  im- 
mediate neighborhood  thereof. 

£  302.  It  shall  not  be  lawful  for  any  person  to  throw  or  Ac-  Jv';v?"i?117,"l> 
posit,  or  cause  to  be  thrown  or  deposited  in  the  Croton  lake,  fcoMMtton. 
above  the  Croton  dam,  or  in  the  Croton  aqueduct,  or  either  of 
the  Croton  reservoirs,  any  dead  animal  or  nuisance,  or  other 
offensive  matter,  or  anything  whatever.    Any  person  offending  i»io,ch.383. 
against  the  provisions  of  this  section  shall  be  deemed  guilty  of  Ptnalu 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by 
tine  or  imprisonment,  or  both,  in  the  discretion  of  the  court  ; 
such  line  not  to  exceed  the  sum  of  one  hundred  dollars,  and  such 
imprisonment  not  to  exceed  the  period  of  three  months.    If  the 
offense  is  committedjn  the  county  of  Westchester,  such  impris- 
onment to  be  in  the  jail  of  said  county;  if  in  the  city  and  county 
of  New  York,  such  imprisonment  to  be  in  the  penitentiary. 

§  ::03.  If  any  person  shall  willfully  do  or  cause  to  be  done  any  ]{M!)  ch  m 
act  whereby  any  work,  materials,  or  property  whatever  erected  c^p-*98- 
or  used,  or  hereafter  to  be  erected  or  used  within  the  city  or  injuring  th« 
elsewhere,  by  the  said  mayor,  aldermen,  and  commonalty,  or  Beeiak. ch.zn 
by  any  person  acting  under  their  authority,  for  the  purpose  of 
procuring  or  keeping  a  supply  of  water,  shall  in  any  manner  be 
injured,  or  shall  erect  or  place  any  nuisance  on  the  banks  of  the 
Crotfin  river,  or  shall  throw  anything  into  the  acpueduct,  or  into 
any  reservoir  or  pipe,  such  person,  on  conviction  thereof,  shall 
he  deemed  guilty  of  a  misdemeanor. 

>;  364.  In  all  cases  where  the  commissioner  of  public  works       .  (r 
shall  have  entered  upon,  taken,  or  used,  or  shall  hereafter  enter  Comp. aas. ' 
upon,  take,  or  use,  or  shall  deem  it  necessary  to  enter  upon,  ianTfor'obtain 
take,  or  use  the  waters  of  any  lake  or  any  upland,  or  land  under  supply. 

See  1*70  eh 

water,  or  water-rights  or  privileges,  or  any  incorporeal  heredita- 
ments or  any  other  property,  for  the  purpose  of  maintaining, 
preserving,  or  increasing  the  supply  of  pure  and  wholesome 
water  for  the  use  of  said  city,  the  said  commissioner  is  author- 
ized, for  and  in  behalf  and  in  the  name  of  the  mayor,  aldermen, 
and  commonalty,  in  the  manner  hereinafter  prescribed,  to  ac- 
quire all  rights,  titles,  and  interests  in  and  to  such  real  estate  by 
whomsoever  the  same  may  be  held,  enjoyed,  or  claimed,  and  to 
pay  for  and  extinguish  all  claims  or  damages  on  account  of 
such  rights,  titles,  or  interests,  or  growing  out  of  such  taking  or 
using. 

§  365.  The  said  commissioner,  his  engineers,  surveyors,  and  w.'$a 
such  other  persons  as  may  be  necessary  to  enable  him  to  per- 
form  his  duties  under  this  title  are  hereby  authorized  to  enter 


L32 


LANDS  i'Olt  WATER  SUPPLY 


upon  any  [and  or  water  for  the  purpose  of  making  surveys  or 
examinations,  and  to  agree  with  the  owners,  occupants,  or 
claimants  of  any  real  estate  which  may  have  been  required  or 
damaged,  or  which  hereafter  may  he  required  or  damaged  in 
carrying  into  effect  the  provisions  of  this  title,  as  to  the  amount 
•       of  Compensation  to  he  paid  to  such  owners,  occupants,  or  claim - 
Damages, set    ants,  and  the  time  and  manner  of  such  payments.    And  in  case 
any  such  real  estate  shall  he  owned,  occupied,  or  enjoyed  hy 
the  people  of  this  State,  or  hy  any  county,  town,  or  school  dis- 
trict within  ihis  Slate,  such  rights,  titles,  interests,  or  properties 
may  he  paid  for  upon  agreement,  respectively,  with  the  com- 
missioners of  the  land  oflice,.  who  shall  act  for  the  people  of  this 
State,  with  a  chairman  and  a  majority  in  numbers  of  the  hoard 
of  supervisors  of  any  county  who  shall  act  for  such  county,  and 
with  the  supervisor  and  commissioners  of  highway  in  any  town 
who  shall  act  for  such  town,  and  with  the  trustees  of  any  school 
district  that  shall  act  for  such  district. 
id48,oomp.8sr.       £  W>.  In  case  the  said  commissioner  of  puhlic  works  is  unable 
auepuSS^  to  agree  with  the  said  owner  or  owners,  occupant  or  occupants, 
cannot  agree.    (.jaiman(  or  claimants  of  any  such  real  estate,  or  with  any  or 
either  of  such  officers  as  to  the  sum  or  sums  to  he  paid  for  the 
acquisition  or  extinguishment  of  any  such  real  estate,  or  of  any 
right,  title,  or  interest  thereto  or  therein,  for  carrying  into  effect 
the  purposes  of  this  title,  the  said  commissioner  of  puhlic  works 
shall  have  the  right  to  acquire  such  real  estate,  or  to  extinguish 
any  such  right,  title,  or  interest  thereto  or  therein,  for  the 
mayor,  aldermen,  and  commonalty  of  the  city  of  New  York  in  * 
the  manner  and  hy  the  special  proceedings  hereinafter  provided. 
1(1  |4.  §  307.  For  the  purpose  of  acquiring  any  such  real  estate  or  of 

Peutionfor     extinguishing  any  right,  title,  interest  thereto  or  therein,  the 

appointment  of  o  °       J      «  • '         '  ' 

commissioners,  sa\(\  commissioner  of  puhlic  works,  for  and  in  behalf  of  the  said 

ma3'or,  aldermen,  and  commonalty  of  the  city  of  New  York, 
may  present  a  petition  praying  for  the  appointment  of  com- 
missioners of  appraisal  to  the  supreme  court,  at  any  general  or 
special  term  thereof,  held  in  the  district  in  which  the  real  estate 
described  in  the  petition  may  he  situated.  Such  petition  shall 
be  signed  and  verified  according  to  the  practice  of  such  court. 
It  must  contain  a  general  description  of  the  real  estate  which 
the  said  commissioner  seeks  to  acquire,  and  of  the  rights,  titles, 
and  interests  therein  which  he  seeks  to  extinguish,  and  also  a 
general  statement  of  the  names  and  places  of  residence  of  the 
parties,  so  far  as  the  same  can  by  reasonable  diligence  be  ascer- 
tained, who  own.  occupy,  or  enjoy,  or  who  claim  to  own,  oc- 
cupy, or  enjoy,  any  such  real  estate,  or  any  right,  title,  or  inter- 
est therein,  and  if  any  of  such  persons  are  infants,  their  ages, 
as  near  as  may  be,  must  be  stated  ;  and  if  any  of  such  per- 


LANDS  FOB  WATER  SUPPLY.  I'.VJ 

sons  arc  idiots,  or  persons  Of  unsound  mind,  or  are  unknown, 
that  fact  must  be  stated,  together  with  such  other  allegations 
and  statements  of  liens  or  incumhrances  upon  such  rights,  titles, 
and  interests  as  the  said  commissioner  may  see  fit  to  make.  A 
cony  of  such  petition,  with  a  notice  of  the  time  and  place  the 
same  will  ho  presented  to  the  -upieme  court,  must  he  served  on 
all  persons  whose  interests  are  bo  be  affected  by  the  proceedings 
at  least  ten  days  prior  to  the  presentation  of  the  same  to  the 
said  court. 

t.  If  the  person  on  whom  such  service  isnto be  made  resides  Notice,  huhm 
iii  this  Stale  and  is  not  an  infant,  idiot,  or  person  of  unsound 
mind,  service  of  a  copy  of  such  petition  and  notice  must  he  made 
on  him,  or  his  agent  or  attorney,  authorized  to  contract  for  the 
sale  or  surrender  of  the  real  estate  descrihed  in  tho  petition, 
personally,  or  hy  leaving  the  same  at  the  usual  place  of  residence 
of  the  person  on  whom  such  service  must  be  made  as  aforesaid 
with  some  person  of  suitable  age. 

2.  If  the. person  on  whom  such  service  is  to  he  made  resides  Non-residents, 
out  of  the  State,  and  has  an  agent  residing  in  this  State  author- 
ized to  contract  for  the  sale  or  surrender  of  the  property  des- 
crihed in  the  petition,  such  service  may  he  made  on  such  agent, 

or  on  such  person,  personally,  out  of  the  State,  or  it  may  he  made 
by  publishing  the  notice,  stating  briefly  the  object  of  the  ap- 
plication and  giving  a  description  of  the  property  to  be  taken  or 
affected,  in  the  State  paper,  and  in  a  paper  printed  in  the  county 
in  which  the  real  estate  taken  or  affected  is  situated,  once  in  each 
week  for  one  month  next  previous  to  the  presentation  of  the 
petition  ;  audit'  the  residence  of  such  persons  residing  out  of  this 
State,  but  in  any  of  the  United  States,  or  any  of  the  -British 
colonies  in  North  America,  is  known,  or  can,  by  reasonable 
diligence,  be  ascertained,  the  said  commissioner  must,  in  ad- 
dition to  such  publication  as  aforesaid,  deposit  a  copy  of  the 
petition  and  notice  in  the  post-office,  properly  folded  and  direct- 
ed to  such  person  at  the  post-office  nearest  the  place  of  residence 
at  least  two  weeks  before  presenting  such  petition  to  the  court, 
and  pay  the  postage  chargeable  thereon  in  the  United  States. 

3.  If  any  person  on  whom  such  service  is  to  be  made  is  under  Minors, 
the  ago  of  twenty-one  years,  and  resides  in  this  State,  such  ser- 
vice shall  be  made  as  aforesaid  on  his  general  guardian,  or,  if  he 

has  no  such  guardian,  then  on  such  infant,  personally,  if  he  is 
over  the  age  of  fourteen  years,  and  if  under  that  age,  then  on 
the  person  who  has  the  care  of  such  infant,  or  with  whom  such 
infant  resides. 

i.  If  the  person  on  whom  such  service  is  to  be  made  is  an  ... 

1  Idiots,  etc. 

idiot,  or  of  unsound  mind,  and  resides  in  this  State,  such  service 
may  he  made  on  the  committee  of  his  person  or  estate,  or  if  he 


» 


134 


METHOD  OF  ACOI'IKINO. 


Unknown 
owners, 


Corporations. 

municipalities, 

elo. 


1831,  ch.  582.  St 
Real  estate 
may  be 
acquired. 


has  no  such  committee,  then  on  the  person  who  has  the  care  or 
charge  of  such  idiot  or  person  of  unsound  mind. 

5.  If  the  person  on  whom  such  service  is  to  be  made  is  un- 
known, or  his  residence  is  unknown  and  cannot,  by  reasonable 
diligence,  he  ascertained,  then  such  service  may  be  made  under 
the  direction  of  the  court  by  publishing  a  notice,  stating  the 
time  and  place  the  petition  will  he  presented,  the  object  thereof, 
with  a  general  description  of  the  property  to  bo  affected  by  the 
proceedings,  in  the  State  paper,  and  in  a  paper  printed  in  the 
county  where  the  property  is  situated,  once  in  each  week  for 
two  weeks  previous  ,to  the  presentation  of  such  petition. 

C.  In  case  any  party  to  be  affected  by  the  proceedings  is  an 
infant,  idiot,  or  person  of  unsound  mind,  and  has  no  general 
guardian  or  committee,  the  court  shall  appoint  a  special  guardian 
or  committee  to  attend  to  the  interests  of  such  person  in  the 
proceedings  ;  but  if  a  general  guardian  or  committee  has  been 
appointed  for  such  person  in  this  State,  it  shall  be  the  duty  of 
such  general  guardian  or  committee  to  attend  to  the  interests 
of  such  infant,  idiot,  or  person  of  unsound  mind,  and  all  notices 
required  to  be  served  in  the  progress  of  the  proceedings  may  lie 
served  on  such  general  or  special  guardian  or  committee. 

7.  In  case  the  people  of  this  State  or  any  county  of  this 
State,  or  any  town  in  this  State,  or  any  common  school  district 
within  this  State,  or  any  corporation  organized  under  the  laws 
of  this  State,  shall  own,  occupy,  or  enjoy  any  real  estate  which 
is  to  be  acquired  or  affected  in  carrying  into  effect  the  purposes 
of  this  title,  such  notice  and  petition  may  be  served  in  the  man- 
ner hereinbefore  prescribed,  upon  the  following  officers,  respect- 
ively :  upon  the  clerk  to  the  commissioners  of  the  land  office, 
in  behalf  of  the  people  of  the  State  ;  upon  the  clerk  of  the  board 
of  supervisors  of  any  county,  in  behalf  of  such  county  ;  and  up- 
on the  supervisor  of  any  town,  and  the  commissioners  of  high- 
ways in  any  town,  in  behalf  of  such  town  ;  upon  the  trustees  of 
any  school  district,  in  behalf  of  such  district ;  and  upon  the  act- 
ing chief  executive  officer  of  any  corporation,  in  behalf  of  such 
corporation. 

8.  In  all  cases  not  herein  otherwise  provided  for,  service  of 
orders,  notices,  and  other  papers  in  the  special  proceedings,  au- 
thorized by  this  title,  may  be  made  as  the  supreme  court  shall 
direct. 

9.  "Whenever  tfiere  shall  be  one  or  more  of  the  estates,  enu- 
merated in  article  one  of  title  two  of  chapter  one  of  the 
second  part  of  the  revised  statutes,  entitled  "  Of  the  creation 
and  division  of  estates,"  in  any  real  estate,  as  the  term  real  es- 
tate is  defined  in  section  three  hundred  and  seventy-nine, 
required  by  the  city  of  New  York  for  the  purpose  mentioned  in 


< 


ACQUIRING  LANDS  B*OB  W  ATKIt  SUPPLY.  186 

section  three  hundred  and  sixty-four,  such  estate  and  real  estate 
may  be  acquired  by  said  city  by  means  of  the  special  proceed 
ings  authorized  by  this  section. 

In  every  such  case  the  commissioner  of  public  works,  in  ad-  ''i..,  ,..i,„.  . 

.         J  »  "to  aci|iiir<- 

dition  to  tlie  oilier  statements,  shall  set  forth  and  state  in  his 
petition  the  facts,  60  far  as  the  same  can  with  reasonable  dili- 
gence be  ascertained]  in  relation  to  any  such  estate,  and  the 
person,  persons,  or  class  of  persons  then  in  being  or  not  in  being, 
who  are  or  may  become  entitled  in  any  contingency  to  any  es- 
tate as  aforesaid  in  such  real  estate,  and  may  pray  that  such  es- 
state  may  be  acquired  and  such  persons  maybe  bound  by  the 
said  proceedings  ;  and  thereupon  the  court  to  whom  such  peti- 
tion is  .presented,  if  there  be  no  attorney  appearing  in  their  be- 
half, shall  appoint  some  competent  and  disinterested  attorney  or 
officer  of  the  court  to  appear  in  such  proceedings  and  represent 
the  rights,  interests,  and  estate  of  the  person,  persons,  or  class 
of  persons  aforesaid  in  such  real  estate,  and  to  protect  the  same 
on  the  appraisal  and  proceedings  aforesaid  ;  and  it  shall  be  the 
duty  of  the  court,  on  or  after  the  confirmation  of  the  report  of 
appraisal,  to  ascertain  by  such  report  or  by  a  reference  for  that 
purpose  or  otherwise,  in  its  discretion,  the  rights,  interest,  and 
estate  of  such  person,  persons,  or  class  of  persons,  in  the  real  es- 
tate so  appraised  and  in  the  compensation  awarded  therefor, 
and  to  make  an  order  determining  the  amount  of  share  of  such 
compensation  to  which  such  person,  persons,  or  class  of  persons 
are  or  may  become  entitled  on  account  of  such  estate,  as  the 
same  shall  arise  or  become  yested  in  them  respective])*,  and  to 
direct  and  to  provide  for  the  payment,  investment,  or  securing 
thereof,  for  the  benefit  of  the  person,  persons,  or  class  of  per- 
sons aforesaid,  who  are  or  who  may,  in  the  contingency  upon 
which  such  estate  arises,  become  entitled  thereto.  Upon  the 
payment  or  deposit  by  the  comptroller  of  the  city  of  New  York 
of  the  sums  to  be  paid  for  the  acquisition  of  such  real  estate  in 
the  manner  provided  in  section  three  hundred  and  seventy-one, 
and  in  the  manner  directed  by  order  of  court  the  said  commis- 
sioner of  public  works,  for  and  in  behalf  of  the  said  the  mayor, 
aldermen,  and  commonalty  of  the  city  of  New  York,  shall  be 
entitled  to  enter  upon,  take  possession  of  and  use  the  said  real 
estate  for  the  purposes  indicated,  and  such  person,  persons,  or 
class  of  persons  as  are  or  may  become  entitled  to  such  estate 
shall  be  barred  of  and  from  all  right  or  claim  in  and  to  such 
land  adverse  to  its  use  and  occupation  by  the  said  commissioner 
or  by  the  said,  the  mayor,  aldermen,  and  commonalty.  This 
section  shall  apply  to  all  special  proceedings  brought  prior  to  the 
twenty-fifth  day  of  June,  eighteen  hundred  and  eighty-one,  un- 
der chapter  four  hundred  and  forty-five  of  the  laws  of  eighteen 


186  ACQUIRING  LANDS  FOR  WATER  SUPPLY. 

hundred  and  seventy-seven  and  the  various  acts  amendatory 
thereof,  which  proceedings  had  not  hern  on  that  day* conducted, 
wa,  oh.  ess,  i».  ?>  008.  On  presenting  such  petition  to  the  supreme  court  ae 
Appoiiitment(»f  aforesaid,  with  proof  of  service  of  a  eop\  I Imt> -of  and  notice  as 
''"'"""ss'"""'s  aforesaid,  all  or  any  of  the  parties  whose  estates  OT  interests  are 
to  he  affected  hy  the  proceedings  may  show  cause  against 
granting  the  prayer  of  the  petition,  and  may  disprove  any  of  the 
facts  alleged  in  it.  The  court  shall  hear  the  proofs  and  allega- 
tions of  the  parties,  and  if  no  sufficient  cause  is  shown  against 
granting  the  prayer  of  the  petition,  it  shall  make  an  order  for 
the  appointment  of  three  disinterested  and  competent  freehold- 
ers, who  reside  in  the  county  (or  some  adjoining  county)  where 
the  property  to  he  appraised  is  situate  d,  commissioners  tOASOSff 
tain  and  appraise  the  compensation  to  he  made  to  the  parties  in- 
terested in  the  real  estate  proposed  to  he  taken  orafieeled.  or 
t  heretofore  taken  or  affected  in  such  county  for  the  purposes  in- 
dicated in  this  title,  and  to  fix  the  time  and  place  for  the  first 
meeting  of  the  commissioners. 
M< s«.  -  ??  369.  The  said  commissioners  shall  take  and  suhscrihe  the 
duUMofcom-  oa^a  proscribed  by  the  twelfth  article  of  the  constitution.  Any 
 one  of  them  may  issue  subpoenas  and  administer  oaths  to  wit- 
nesses, and  any  such  witness  swom  and  examined  and  testify- 
ing falsely  shall  he  deemed  guilty  of  perjury,  and  shall  he  liable 
to  the  pains  and  penalties  imposed  by  law  for  that  offense.  Such 
subpoenas  may  he  served  within  this  State  hy  any  person,  and 
must  be  served  hy  any  sheriff  or  constable  when  thereunto  re- 
quired ;  in  case  of  the  failure  or  refusal  of  any  witness  so  sub- 
poenaed to  obey  such  subpoena,  or  to  answer  any  question,  or  to 
produce  any  books  or  papers  when  thereunto  required  by  a 
majority  of  the  said  commissioners,  the  commissioners  or  a 
majority  of  them,  shall  report  such  failure  or  refusal  to  a 
justice  of  the  supreme  court  in  the  said  judicial  district  in 
which  such  commissioners  were  appointed,  before  whom 
the  same  proceedings  shall  thereupon  be  had  as  though 
such  failure  or  refusal  were  that  of  a  witness  duly 
subpoenaed  to  appear  and  testify  upon  the  trial  of  an 
action  before  such  justice,  and  such  justice  shall  in  all  re- 
spects proceed  as  though  such  subpoena  had  issued  out  of 
the  court  in  which  he  presides  ;  a  majority  of  such  commis- 
sioners may  adjourn  the  proceedings  before  them  from  time  to 
time,  in  their  discretion.  Whenever  they  meet,  except  by  ap- 
poinment  of  the  court  or  pursuant  to  adjournment,  they  shall 
cause  reasonable  notice  to  be  given  to  the  parties  interested,  or 
their  agent  or  attorney. '  They  shall  view  the  property  described 
in  the  petition,  and  hear  the  proofs  and  allegations  of  the  par- 
ties, and  reduce  the  testimony  taken  by  them,  if  any,  to  writ- 


ACQl'IKINC  LANDS  l        WATKK  SUPPLY.  137 

ing,  and  after  the  testimony  in  each  case  is  closed,  they,  or  a 
majority  of  them,  all  having  an  opportunity  to  ho  present, 
shall,  without  any  unnecessary  delay,  ascertain  and  determine  Bee  10, oil 88, 
the  compensation  which  ought  justly  to  he  made  by  the  said 
mayor,  aldermen  and  commonalty  of  the  city  of  New  York  to 
the  owners  or  the  pe  rsons  interested  in  the  rights,  titles,  and 
privileges  to  he  acquired  or  effected  by  the  said  proceeding. 
They,  or  a  majority  of  them,  shall  also  determine  what  sum 
ought  to  be  paid  to  the  general  or  special  guardian  or  committee 
of  an  infant,  idiot,  or  person  of  unsound  mind,  or  to  an  attor- 
ney appointed  by  the  court  to  attend  to  the  interests  of  any  un- 
known owner  or  party  in  interest,  not  personally  served  with 
notice  of  the  proceedings,  and  who  has  not  appeared,  for  costs, 
expenses,  and  counsel  fees.  They,  or  a  majority  of  them,  shall 
also  (but  not  in  excess  of  any  request  therefor  made  in  behalf 
of  the  city)  determine  the  height  to  which  the  waters  of  any  lake 
or  natural  stream,  concerning  which  such  proceedings  are  insti- 
tuted, may  be  raised,  and  the  point  to  which  t  uch  waters  ma}'  be 
drawn  down  by  the  said  the  mayor,  aldermen,  and  commonalty, 
snch  determination  to  be  made  before  any  award  of  damage 
shall  be  made  on  account  of  such  proposed  raising  or  depressing 
of  such  waters.  The  said  commissioners  shall  make  a  report  of  " 
their  proceedings  to  the  supreme  court,  with  the  minutes  of  the 
testimony  taken  by  them,  if  any;  and  they  shall  be  entitled  to 
the  payments  hereinafter  provided  for  their  services  and  ex- 
penses, to  be  paid  from  the  fund  hereinafter  provided. 

370.  On  such  report  being  made  by  said  commissioners,  the  i«7,  ch.  4*j,  $7. 
counsel  to  the  corporation  shall  give  notice  to  the  parties,  or    mp  iao- 
their  attorneys,  to  be  effected  by  the  proceedings,  according  to 
the  rules  and  practice  of  said  court  at  a  general  or  special  term  confirmation 
thereof  for  the  confirmation  of  such  report,  and  the  court  shall  of 
thereupon  confirm  such  report,  and  shall  make  an' order  con- 
taining a  recital  of  the  substance  of  the  proceedings  in  the 
matter  of  the  appraisal  and  a  general  description  of  the  real 
estate  appraised,  for  which  compensation  is  to  be  made;  and 
shall  also  direct  to  whom  the  money  is  to  be  paid,  or  in  what 
bank  and  in  what  manner  it  shall  he  deposited  by  the  comptrol- 
ler of  the  city. 

jl  371.  A  certified  copy  of  the  order  to  be  made  as  aforesaid,  w.$acomp.33i 
shall  he  recorded,  at  full  length,  in  the  office  of  the  clerk  of  the  Toberecoi  i  i 
county  in  which  the  real  estate  described  in  it  is  situated,  and 
thereupon  and  on  the  payment  or  deposit  by  the  comptroller  of 
the  city  of  the  sums  to  be  paid  as  compensation  for  the  acquisi- 
tion of  such  real  estate,  or  for  the  extinguishment  of  any  right, 
title,  or  interest  therein,  and  for  the  costs,  expenses,  and  counsel 
fees  as  directed  by  said  order,  the  said  commissioner  of  public 


ACQUIRING  LANDS  I  ok  WATKU  sU'l'l.Y 


A  J .  1  ■•  :.l 


Id.  £9. 

Adverse  and 
conflicting 
claims  to 
inonev. 


works,  for  and  in  behalf  of  the  said  the  mayor,  aldermen,  and 
commonalty,  shall  be  entitled  to  enter  upon,  take  possession, 
and  use  the  said  real  estate  for  the  purposes  indicated  in  Un- 
title, and  all  parlies  mentioned  in  this  title  who  shall  have  been 
made  parties  to  the  proceedings,  together  with  all  parties  claim 
ing  or  to  claim,  by,  through,  or  under  them,  shall  be  forever 
divested  and  barred  of  all  right,  estate,  and  interest  in  such  real 
estate,  and  of  all  claim  for  any  damage  on  account  of  the  tak- 
ing, using,  or  affecting  of  such  real  estate,  or  of  any  right,  title 
or  interest  therein.  All  real  estate  acquired  by  the  said  the  mayor, 
aldermen,  and  commonalty,  under  and  pursuant  to  the  provis- 
ions of  this  title,  shall  be  deemed  to  be  acquired  for  public  use. 
Within  twenty  days  after  the  confirmation  of  the  report  of  the 
commissioners,  as  provided  for  in  the  preceding  section,  either 
party  may  appeal,  by  notice,  in  writing,  jto  the  other,  to  the  su- 
preme court  from  the  appraisal  and  report  of  the  commissioners. 
Such  appeal  shall  be  heard  by  the  supreme  court  at  any  general 
or  special  term  thereof  on  due  notice  thereof  being  given,  ac- 
cording to  the  rules  and  practice  of  said  court.  On  the  hearing 
of  such  appeal,  the  court  may  direct  a  new  appraisal  and  deter- 
mination of  any  question  passed  upon  before  the  same  or  new 
commissioners  in  its  discretion,  but  from  any  determination  of 
the  general  term,  either  party,  if  aggrieved,  may  take  an  ap- 
peal, which  shall  be  heard  and  determined  by  the  court  of 
appeals.  In  case  of  a  new  appraisal,  the  second  report  shall  be 
final  and  conclusive  on  all  the  parties  interested.  If  the  amount 
of  compensation  to  be  made  by  the  said  city  is  increased  by  the 
second  report,  the  difference  shall  be  a  lien  on  the  real  estate 
appraised  and  shall  be  paid  by  the  comptroller  of  the  city  to  the 
parties  entitled  to  the  same,  or  shall  be  deposited  in  bank,  as  the 
court  may  direct;  and  if  the  amount  is  diminished,  the  difference 
shall  be  refunded  to  the  said  mayor,  aldermen,  and  commonalty 
by  the  party  to  whom  the  same  may  have  been  paid,  and  judg- 
ment therefor  may  be  rendered  by  the  courfc,  on  the  filing  of  the 
second  report,  against  the  party  liable  to  pay  the  same.  Such 
appeal  shall  not  affect  the  possession  by  the  said  city  of  the  real 
estate  appraised;  and  when  the  same  is  made  by  others  than  the 
said  city  it  shalL  not  be  heard  except  on  the  stipulation  of  the 
party  appealing  not  to  disturb  such  possession. 

§  372.  If  there  are  adverse  and  conflicting  claimants  to  the 
money,  or  any  part  of  it,  to  be  paid  as  compensation  for  the  real 
estate  taken  or  affected,  the  court  may  direct  the  money  to  be 
paid  into  the  said  court  by  the  said  comptroller,  and  may  deter- 
mine who  is  entitled  to  the  same  and  direct  to  whom  the  same 
shall  be  paid,  and  may,  in  its  discretion,  order  a  reference  to  as- 


ACQUIRING  LANDS  FOR  WATER  SUPPLY,  189 

* 

certain  the  facts  <»n  which  Bach  determination  and  order  are  t<> 
be  made. 

§  37o.  The  court  shall  appoint  some  competent  person  to  ap-  ,,,  su,  , 
pear  for  and  protect  the  rights  of  any  party  in  interest  who  is 
unknown,  or  whoso  residence  is  unknown,  and  who  lias  not  ap-  unknown  par 

'  *  tics 

peared  in  the  proceedings  hy  an  attorney  or  agent.  The  court 
shall  also  have  power,  at  any  time,  to  amend  ajiiy  defed  or  in- 
formality in  any  of  the  special  proceedings  authorized  by  this 
title  as  may  he  necessary,  or  to  cause  new  parl  ies  to  he  added 
and  to  direct  such  further  notices  to  be  given  to  any  party  in  in- 
terest as  it  deems  proper,  and  also  to  appoint  other  commission- 
ers in  place  of  any  who  shall  die  or  refuse  or  neglect  to  serve  <>r 
be  incapable  of  serving. 

§  :,»74.  If,  at  any  time,  after  an  attempt  to  acquire  title  by 
appraisal  of  damages  or  otherwise,  it  shall  be  found  that  the  of ' i' 
title  thereby  attempted  to  be  acquired  is  defective,  the  said  city 
may  proceed  anew  to  acquire  or  perfect  such  title  in  the  same  u:,.  ?n 
manner  as  if  no  appraisal  had  been  made,  and  at  any  stage  of 
such  new  proceedings  the  court  may  authorize  the  said  city,  if 
in  possession,  to  continue  in* possession,  and  if  not  in  possession, 
to  take  possession  and  use  such  real  estate  during  the  pendency 
and  until  the  final  conclusion  of  such  new  proceedings,  and 
may  stay  all  actions  or  proceedings  against  the  said  city  on  ac- 
count thereof  on  the  comptroller  of  said  city  paying  into  court 
such  sum  as  the  court  may  direct,  to  pay  the  compensation 
therefor  when  finally  ascertained,  and  in  every  such  case,  the 
party  interested  in  such  real  estate  may  conduct  the  proceedings 
to  a  conclusion  if  the  said  city  delays  or  omits  to  prosecute  the 
same.    And  if,  at  any  time,  the  said  city  shall  require,  for  the 

•     t      i.   j    .       , '  ,  .  ,  1    Additional  iva 

purposes  indicated  m  tins  title,  to  acquire  any  additional  real 
estate,  or  to  extinguish  any  other  or  further  rights,  titles,  inter- 
ests therein  in  addition  to  that  which  it  has  already  acquired  or 
extinguished,  said  city  may  acquire  such  additional  real  ..estate 
or  extinguish  such  additional  rights,  titles,  interests  therein, 
or  any  such  real  estate,  or  any  right,  title,  or  interest  therein 
which  it  now  uses  or  occupies,  or  which  it  has  heretofore  used 
or  occupied,  by  purchasing  the  same  of  the  persons  or  parties 
owning  the  same,  or  interested  therein,  or  affected  by  such  pro- 
ceedings, and  by  paying  to  such  parties  such  damages  as  they 
may  sustain  by  reason  thereof  if  the  amount  of  such  compensa- 
tion or  damages  can  be  agreed  upon  between  such  commissioner 
of  public  works  and  such  persons  or  parties;  and  if  such  com- 
missioner of  public  works  shall,  for  any  cause,  be  unable  to  agree 
for  the  purchase  of  such  real  estate,  or  shall  be  unable  to  agree 
upon  the  sum  which  shall  be  paid  to  such  persons  or  parties  in 
satisfaction  of  the  damages  they  may  sustain,  or  if  the  title  to 


140  ACQUIRING  LANDS  I'Olt   WATKU  SI  JM'IA  . 

any  such  real  estate  or  rights  already  acquired  or  extinguished, 
or  attempted  to  he  a< -quired  on  xi  inguishod,  shall,  for  any  cause, 
prove  defective  or  imperfect,  then  and  in  every  such  case  such 
commissioner  of  public  works  may  proceed  to  acquire  and  per- 
fect title  to  such  real  estate  or  lights,  and  to  ascertain  and  ap- 
praise such  damages  in  the  manner  and  by  the  proceedings  here- 
inbefore in  this  title  prescribed. 
id.|W,Oomp.8.i3  ^  37;,  'pnc  commissioners  of  the  land  otitic  :  shall  have  power 
of  uutdoffloe,  to  grant  to  the  said  city  any  real  estate  belonging  to  the  people 
01  this  State  which  may  be  required  for  the  purposes  indicated 
in  this  title,  on  such  terms  as  may  bo  agreed  on  between  them 
and  the  said  commissioner  of  public  works,  always,  however, 
reserving  and  maintaining  the  rights  of  the  people  and  liparian 
owners  to  go  to  the  water  at  any  point  to  which  the  same  may 
be  drawn;  and  if  any  real  estate  of  any  county,  town,  or  school 
district  is  required  by  such  city  for  the  purposes  of  this  title, 
the  majority  of  the  board  of  supervisors  acting  for  such  county, 
or  the  supervisors  of  any  such  town,  with  the  commissioners  of 
highways  therein  acting  for  such  town,  or  the  trustees  of  any 
school  district  acting  for  such  district,  may  grant  or  surrender 
such  real  estate  for  such  compensation  as  may  be  agreed  upon 
between  such  officers,  respectively,  and  the  said  commissioner 
of  public  works. 

id.  §13.  >'  37<">.  In  case  any  real  estate  required  by  said  city  for  the 

wi^n *«.  purpose  of  this  title  shall  be  vested  in  any  trustee  not  author- 
ilMX'nn.'','',.;!;;|'  ized  lo  -ell,  relea-e,  and  convoy  the  same,  or  in  any  infant,  idiot. 

or  person  of  unsound  mind,  the  supreme  court  shall  have  power, 
by  a  summary  proceeding,  on  petition,  to  authorize  and  em- 
power such  trustee  or  general  guardian  or  committee  of  such  in- 
fant, idiot,  or  person  of  unsound  mind,  to  sell,  convey,  or  sur- 
render the  same  to  the  said  city  on  such  terms  as  may  be  just; 
and  in  case  any  such  infant,  idiot,  or  person  of  unsound  mind 
has  no  general  guardian  or  committee,  the  court  may  appoint  a 
Special  guardian  or  committee  for  the  purpose  of  making  such 
sale,  surrender,  or  conveyance,  and  may  require  such  security 
from  such  general  or  special  guardian  or  committee  as  said  court 
may  deem  proper.  But  before  any  conveyance  or  release 
authorized  by  this  section  shall  be  executed,  the  terms  on  which 
the  same  is  to  be  executed  shall  be  reported  to  the  court  on  oath, 
and  if  the  court  is  satisfied  that  such  terms  are  just  to  the  party 
interested  in  such  rights,  titles,  interests,  or  property,  the  court 
shall  confirm  the  report  and  direct  the  proper  conveyance  or  re- 
lease to  be  executed,  which  shall  have  the  same  effect  as  if  ex- 
ecuted by  an  owner  of  su^h  rights,  titles,  interests,  or  property 
having  legal  power  to  sell,  surrender,  and  convey  the  same, 
id.  $i4.  §  377.  In  all  cases  where  the  commissioner  of  public  works 


DAMAGES  THEREFOR, 


141 


shall  have  heretofore  entered  upon,  taken,  or  used  any  real  es- 
tate,  either  with  or  without  the  license  of  the  owner  thereof,  for 
the  purpose  of  increasing  the  supply  of  water  for  the  city,  and 
tho  title  to  such  real  estate  shall  not  have  heen  acquired  by  said 
city,  either  hy  purchase  or  hy  any  proceedings  under  any  exist- 
ing law,  and  the  said  city,  hy  any  of  its  officers,  agents,  or  em- 
ployees, shall  he  in  possession  thereof  at  the  time  this  act  shall 
take  effect,  and  such  possession  shall  he  continued  for  the  period  of 
sixty  days  thereafter,  such  possession  shall  he  d<  emedan  election 
on  the  part  of  said  city  to  take  such  real  estate  under  and  pursu- 
ant to  the  provisions  of  this  title,  and  in  that  case  it  shall  he  the 
duty  of  the  corporation  counsel,  at  the  expiration  of  said  sixty 
days,  to  make  the  necessary  application  for  the  appointment  of 
commissioners,  pursuant  to  the  provisions  of  this  title,  to  ap- 
praise the  damages  and  compensation  to  he  paid  for  the  taking 
and  using  of  the  same.  The  performance  of  such  duty  may  he 
enforced  hy  the  supreme  court  hy  mandamus  on  the  application 
of  any  owner  or  claimant  of  the  real  estate  so  taken  or 
used,  and  upon  the  hearing  before  the  commissioners  appointed 
upon  such  application  the}'  shall,  if  requested  by  said  owners  or 
claimants,  also  appraise  and  determine  the  amount  of  damage:-, 
sustained  by  said  owners  or  claimants,  respectively,  by  reason 
of  any  use  or  occupation  of  said  real  estate  by  said  city,  or  am 
of  its  officers'or  agents,  before  the  making  of  such  application. 
The  said  commissioners  shall,  in  their  report,  state  the  amount 
of  damages  so  ascertained  and  determined  by  them,  and  the 
amount  thereof  shall  form  a  part  of  the  amount  required  to  be 
paid  by  said  city  before  the  right  and  title  to  the  real  estate 
specified  in  said  report  shall  be  vested  in  said  city  as  hereinbefore 
provided.  Upon  such  hearing  all  of  the  provisions  of  this  title 
in  relation  to  compelling  the  attendance  of  witnesses,  and  the 
examination  thereof,  shall  apply  to  the  claim  for  damages  grow- 
ing out  of  such  use  and  occupation. 

>j  37S.  As  to  any  damages  which  may  have  accrued  to  the  isrr.ch.u^sis. 
owner  or  claimant  of  any  real  estate,  as  to  which  the  proceed-  m^Aot action, 
ings  provided  by  this  title  may  be  instituted,  before  such  pro- 
ceedings shall  have  been  instituted,  this  title  shall  not  be  taken 
or  construed  to  deprive  any  party  of  a  right  to  a  trial  by  jury  of 
the  question  of  such  damage,  and  the  said  commissioners  shall 
estimate  and  determine  such  damages,  and  the  compensation  to 
be  made  therefor,  only  upon  the  consent  of  all  the  parties 
thereto.    Such  consent,  however,  shall  be  conclusively  presumed 
as  against  any  party  who  shall  appear  and  take  part  in  the  pro 
ceedings  to  determine  the  amount  of  such  damage,  without  first 
entering  an  objection  to  the  determination  thereof  by  such  com 
rnissioneTs.    In  absence  of  such  objection,  but  not  otherwise, 


ACQUIRING  LANDS  FOR   WATER  SUPPLY 


the  said  commissioners  shall  proceed  to  final  determination  of 
such  question. 

w.  §io.  §  379.  The  term  real  estate,  as  used  in  tins  title,  shall  be  con- 

tain detaed*8-  strued  to  signify  and  embrace  all  uplands,  lands  under  waiter, 
the  waters  of  any  lake,  pond,  or  stream,  all  water-rights  or 
privileges,  and  any  and  alt  easements  and  incorporeal  heredita- 
ments, and  every  estate,  interest,  and  right,  legal  and  equitable, 
in  lands  or  water,  including  terms  for  years,  and  liens  thereon 
by  way  of  judgment,  mortgage,  or  otherwise,  and  also  all 
claims  for  damage  to  such  real  estate.  The  commissioners  ap- 
pointed in  pursuance  of  this  title  shall  receive  as  compensation 
the  sum  of  ten  dollars  per  day  for  each  day  actually  employed. 
H  They  may  employ  the  necessary  clerks  and  surveyors.  The 

compensation  salaries  of  the  commissioners  and  of  their  employees,  and  the 
rJs.c2™mu>8lon'  necessary  traveling  expenses  and  other  expenses  incurred  in  and 
about  such  special  proceedings  shall  be  paid  by  the  said  comp- 
troller, as  provided  for  in  this  title,  on  the  certificate  of  tho 
commissioner  of  public  works  of  the  city  of  Xew  York, 
m.  its,  oomp.  §  3S0.  For  the  purpose  of  preventing  any  waste  of  water,  the 
Waste  of  water  commissioner  of  public  works  of  the  city  of  New  York  is  hereby 
prevention  of.  authorized  to  construct  such  aqueducts,  reservoirs^  dams, 
sluices,  canals)  and  appurtenances  as  may  be  necessary  to  collect 
or  retain  the  water  in  or  from  any  lakes  or  streams  which  have 
been  heretofore  taken  by  said  city  or  which  may  be  taken  under 
the  operation  of  this  title,  and  use  such  waters  as  the  wants  and 
necessities  of  said  city  may  require.  Provided  that  nothing  con- 
Provteo.  tained  in  any  act  passed  before  June  fifteenth,  eighteen  hundred 
and  seventy- seven,  shall  authorize  or  permit  any  water  in  excess 
of  the  ordinary  flow  thereof*  to  be  drawn  from  lake  Mahopac 
and  lake  Glenida,  in  the  town  of  Carmel  and  county  of  Putnam, 
between  the  first  day  of  March  and  the  first  day  of  September 
in  any  year.  And  provided  also  that  nothing  in  this  or  in  any 
such  act  Contained  shall  be  so  construed  as  to  interfere  with  any 
existing  right  to  catch  fish,  obtain  ice,  or  keep,  use,  and  main- 
tain boats  in  or  upon  any  natural  lake  or  pond  which  may  be 
acquired  under  this  title;  nor  shall  it  be  so  construed  as  to  de- 
stroy any  existing  light  of  riparian  owners  upon  such  lakes  and 
ponds  to  use  the  waters  thereof,  or  to  build  upon  the  shores 
thereof,  except  as  such  rights  may  be  affected  by  the  raising  or 
lowering  of  the  waters  of  such  lake  or  ponds,  as  hereinbefore 
prescribed. 

1879,  en.  28,  ji,       §381.  The  commissioners  appointed  or  to  be  appointed  in 
comp.  33..       ftUy  proceeding  under  this  title,  in  which  proceeding  more  than 
one  claim  is  embraced,  may  conduct  their  examination  as  to  any 
one  of  such  claims  at  such  time  or  times  as  shall  seem  best  to 
them,  and  they  may,  in  their  discretion,  postpone  the  ascertain- 


LCQU1RING  LANDS  FOR  WATEH  SUPPLY. 


143 


meat  or  determination  of  the  compensation  t<>  be  made  on  Buch 
claim,  until  anytime  prior  to  the  iinal  termination  of  the  pro 
ceedings,  and  they  may,  in  their  discretion,  proceed  to  the  as 
ci-rtaininent  or  determination  of  the  compensation  to  be  made  on 
any  one  of  such  claims, notwithstanding  the  fact  that  the  exam- 
ination and  consideration  of  some  other  claim  or  claims  are  still 
pending,  open,  and  undetermined;  and  such  action  on  the  part  Actions  con 
of  the  commissioners  in  any  proceeding  now  pending-  hereby 
rat itied  and  continued. 

^  3S2.  The  commissioners  referred  to  in  the  last  preceding  u  ■  ■ 
section,  in  any  proceeding  in  which  more  than  one  claim  is  em-  *u'fiXVcrmin:f 
braced,  at  any  time  in  the  course  of  such  proceeding,  may,  in  jj[£VT'v '"' 
their  discretion,  take  up  any  specified  claim  or  claims,  and 
finally  ascertain  and  determine  the  compensation  to  he  made 
thereon,  and  make  a  separate  report  with  reference  thereto, 
which  report  shall,  as  to  the  claims  therein  specified,  he  the  re 
port  required  in  this  title  aforesaid,  and  the  subsequent  action 
with  reference  thereto  shall  he  had  in  the  same  manner  as 
though  no  other  claim  were  embraced  in  such  proceeding, 
which,  however,  shall  continue  as  to  all  claims  upon  which  no 
such  separate  determination  and  report  is  made. 

§  383.  All  actions  for  the  recovery  of  real  property,  or  of  }^.--\>.n\^^ 
any  estate  or  interest  therein,  or  for  the  determination  111  any  Actions,  places 
form  of  such  right  or  interest,  and  for  injuries  to  real  estate,  °  ,nal°- 
brought  under  the  provisions  of  this  title,  shall  he  brought  and 
tried  in  the  county  in  which  the  subject  of  the  action,  or  some 
part  thereof,  is  situated,  subject  to  the  power  of  the  court  to 
change  the  place  of  trial  in  cases  provided  by  statute.    If  in  Amendment  of 
any  particular  it  shall  at  any  time  be  found  necessary  to  amend  Pleadm*s' etc- 
any  pleading,  proceeding,  process  or  action,  or  to  supply  any  de- 
fect therein,  arising  in  the  course  of  any  special  proceeding 
authorized  by  this  title,  the  same  may  he  amended  or  supplied 
in  such  manner  as  shall  be  directed  by  the  supreme  court, 
which  is  hereby  authorized  to  make  such  amendment  or  cor- 
rection. 

§  3S4.  All  persons  acting  under  the  authority  of  the  mayor,  ism,  c„.  2oo. 
aldermen  and  commonalty,  shall  have  the  right  to  use  the  R^'huouseor 
ground  or  soil  under  any  street,  highway  or  road  within  this  §£e^etc!er 
state  for  the  purpose  of  introducing  water  into  the  city  of  New 
York,  on  condition  that  they  shall  cause  the  surface  of  such 
street',  highway  or  road  to  be  restored  to  its  original  state,  and 
all  damages  done  thereto  to  be  repaired.  * 

K  o  4*  n  «> 


I  t  CHARITIES  AND  CORRECTION. 


CHAJTKK  X. 


i«00.  cli.  510,  Si. 
Comp.  350. 
T.  Pal  v.  319;  02 
\.  Y.  MO;  00 
388;  4  Hun.  130; 
B  id,  247. 
POWBT  over 

Institutions  and 
bufldbtga. 


1!*9,  cli.  50. 
187],  cli.  ISO. 


1800,  Ch.  510. 
Comp.  356. 


1873,  ch.835,  §71, 
Comp.  355. 
Bureaux. 


1669.  ch.  238.  §1. 
Comp.  373. 


I'm:  Department  of  Public  Charities  and  Corbection. 

?'  985.  The  department  of  public  charities  and  correction 
shall  possess  and  exercise  full  and  exclusive  powers  for  the  gov- 
ernment, management,  maintenance,  and  direction  of  the  several 
institutions  and  buildings,  and  premises  and  property  and  ap- 
purtenances belonging  to  the  city  and  situated  upon  Blackwell's, 
Ward's]  Randell's,  and  Hart's  islands,  of  all  prisons  and  places 
provided  for  the  detention  of  prisoners,  and  of  all  hospitals  be- 
longing to  or  conducted  by  the  city,  except  such  as  are  or  may 
be  established  or  conducted  by  the  department  of  public  health, 
especially  of  the  alms-house  and  work-house,  of  the  nurseries  for 
poor  and  destitute  children,  and  of  the  county  lunatic  asylum, 
the  lunatic  asylum  upon  Ward's  island,  and  of  the  potter's  field, 
or  other  public  burial  place  of  the  poor  and  strangers  in  the  city 
and  county  of  New  York,  and  especially,  also,  of  the  peni- 
tentiary and  city  prison,  and  various  prisons  and  houses  of  de- 
tention in  said  city,  winch  are  hereby  particularly  designated  as 
the  institutions  of  the  public  correction  and  charities  provided 
for  by  this  chapter.  Dut  said  department  shall  have  no  power 
over  the  house  of  refuge,  nor  the  juvenile  delinquent  asylum, 
nor  the  house  of  detention  of  witnesses,  nor  the  county  or 
sheriff's  jail. 

£  380.  All  books,  accounts,  vouchers,  records,  and  all  proper- 
ty of  whatsoever  nature  at  any  time  under  the  management  or 
control  of,  or  in  the  keeping  of  the  department  to  which  said  de- 
partment succeeded,  or  any  subordinate  thereof,  shall  remain  in 
the  keeping  and  custody  of  the  department  of  public  charities 
and  correction,  for  the  use  of  said  department;  but  the  said 
property  shall  forever  remain  and  continue  the  property  of  the 
mayor,  aldermen,  and  commonalty  of  the  city  of  New  York, 
subject  to  the  public  uses  of  said  board,  and  for  the  purposes  pro- 
vided by  this  chapter. 

§  387.  There  shall  be  in  said  department  a  bureau  of  charities 
and  a  bureau  of  correction.    The  bureau  of  charities  shall  have 
charge  of  all  matters  relating  to  persons  not  criminals.  The 
bureau  of  correction  shall  have  charge  of  all  matters  relating  t(y 
criminals. 

3SS.  The  said  department  is  authorized  to  maintain  on 
Hart's  island  an  industrial  school;  and  in  connection  therewith 


\syi.i\m  !'<>!►  im:i:i:i ATI'.-. 


1 15 


is  authorized  fco  employ  and  use  the  labor  of  any  person  from 
any  of  the  public  institutions,  committed  to  its  charge;  and  the 
hoard  of  public  charities  and  correction  arc  hereby  authorized  to 
commit  to  and  place  in  said  industrial  school  any  of  the  children 
who  may  ho  committed  to  their  care,  pursuant  to  any  provision's 
of  law  heretofore  or  hereafter  to  be  made. 

3S9.  Hart's  island  shall  be  deemed  to  be  and  shall  be  under 
the  control  of  the  said  department  and  may  be  used  by  it  for  any 
and  all  purposes  deemed  by  the  board  to  be  expedient  and  pro- 
per, and  the  board  shall  have  the  same  powers,  jurisdiction,  and 
control  thereof,  as  they  have  over  the  other  premises,  buildings, 
and  institutions  under  their  charge,  and  of  all  buildings  and 
erections  which  may  for  any  purpose  or  purposes  be  placed  and 
maintained  by  said  board  upon  said  Hart's  island. 

§  390.  The  said  department  shall  provide  and  maintain  suit- 
able rooms  or  wards  in  that  part  of  the  city  south  of  Canal 
street,  for  the  reception  and  medical  and  surgical  treatment  of 
persons  wounded  or  taken  ill  in  the  streets  of  said  city,  who 
may  not  be  safely  moved  to  a  hospital  or  their  homes. 

§  391.  The  board  of  public  charities  and  correction  are  author- 
ized and  empowered  to  maintain,  manage,  and'  control  an 
asylum  for  inebriates  erected  on  laud  belonging  to  the  city  and 
under  their  control,  and  the  appurtenances  thereto,  as  in  the 
judgment  of  said  commissioners  may  be  necessary  and  proper. 
The  said  board  are  also  authorized  and  empowered  to  appoint 
and  employ  all  such  physicians,  surgeons,  officers,  and  atten- 
dants as  ma)'  be  necessary  and  proper  for  the  management  and 
direction  of  said  asylum,  and  the  care  of  the  inmates  thereof, 
and  to  fix  the  compensation  of  such  employees,  in  the  same 
manner  and  with  the  same  power  as  in  respect  to  the  persons 
employed  in  other  institutions  under  the  control  of  said  board. 

is  392.  The  necessary  expense  of  maintaining  such  asylum 
and  its  appurtenances  shall  be  provided  for  in  the  same  manner 
as  the  expenses  of  the  other  institutions  under  the  control  of  the 
said  commissioner.  The  said  board  are  authorized  to  demand 
and  receive  all  fines  imposed  for  intoxication  or  disorderly  con- 
duct in  the  city  of  New  York,  which  fines,  without  any  deduc- 
tion, shall  be  paid  over  monthly  by  the  magistrate,  clerk,  or 
other  person  who  receives  the  same,  to  the  said  board,  and  shall 
be  by  it  applied  and  accounted  for  as  other  moneys  received  by 
it  by  virtue  of  this  chapter. 

ij  393.  The  said  board  shall  make  all  needful  rules  and  regula- 
tions for  the  government  of  said  asylum,  and  shall  provide  for 
the  proper  support  and  maintenance  of  the  inmates  thereof,  and 
especially  for  such  medical  treatment  as  will  be  effectual  for,  or 
tend  to  the  curing  of,  such  inmates  of  the  habit  of  inebrietv  and 


Iii'luMrinl 
school  au- 
thorized. 
Commitments 
to  industrial 
schools  and 
labor  therein. 


Id.  |& 

Hurt  's  Island  to 

in-  under  con- 
trol of  com- 
missioners. 


1809,  cn.  arc.  |i, 

Coinp.  374. 

Reception  hos- 
pital for 
wounded  and 
sick. 


mi,  eta.  ui, 

Conip.  368. 
Asylum  for 
inebriates. 


Physicians,  offi- 
cers, and 
attendants. 


Comi>cnsatk>n. 


Id.  52, 

as  amended 
m7,  cn.  170, 
Conip.  3C9. 
Expenses  for 
constructing 
and  maintain- 
ing. 

Certain  fines  to 
be  jwid  com- 
missioners. 


Id.  S3. 
Duty  and 
powers  of 
commissioners. 


ASYLUM  1  uK  [NEBRIA1  B8. 


Id.jy,  Comp.870. 

Estate  'if  Ine- 
briate liable  for 
his  support  in 
asylum. 


16C9,cb.3;0.iin. 
r'omp.  I. 
When  persons 
may  be  tnms- 
ferred  from 
alms  nt\d  work 
house  to  asy- 
lum 


1881,  cil.  4«. 
Commissioners 
may  transfer 
insane  persons 
to  insane 
asylum. 


Expenses,  how 
to  be  paid. 


diseases  induced  thereby,  and  they  shall'  have  lull  ppwer  and 
authority  to  regulate  and  control  ♦the  inmates  of  said  asylum, 
and  to  establish  such  provisions  for  moral  and  sanitary  discipline 
as  they  may  deem  expedient. 

§  394.  The  estate  of  any  person  committed  to  such  asylum, 
and  the  person  committed,  shall  he  liable  for  the  support  of  such 
person  therein,  and  the  committee  of  every1  such  person  shall 
pay  out  of  his  estate  such  reasonable  and  proper  sum  as  shall  be 
fixed  by  the  justice  or  judge  ordering  the  commitment.  The 
said  hoard  of  public  charities  and  correction  shall  have  author- 
ity to  bring  and  maintain  actions,  in  any  court  of  competent 
jurisdiction,  against  the  committee  or  guardians  of  the  estate  of 
any  person  committed  to  said  asylum  as  aforesaid,  or  against 
any  person  so  committed,  for  the  support  and  maintenance  of 
such  person  while  in  said  asylum.  Such  actions  may  be  brought 
by  said  board  in  the  name  of  the  mayor,  aldermen,  and  com- 
monalty of  the  city  of  New  York,  and  all  recoveries  bad  in  such 
actions  shall  enure  to  the  city  of  New  York,  and  all  amounts 
collected  thereon  shall  be  received  by  said  board,  and  accounted 
for  in  the  same  manner  as  all  other  moneys  which  it  is  by  law 
authorized  to  receive. 

§  395.  It  shall  be  lawful  for  the  said  board  of  charities  and 
correction  to  transfer  from  the  alms-house  and  work-house  un- 
der tfieir  control,  to  said  inebriate  asylum,  any  persons  commit- 
ted to  the  alms-house  or  work-house,  who,  in  the  judgment  of 
said  board,  shall  be  tit  and  proper  subjects  for  the  said  asylum, 
and,  in  their  discretion,  to  return  such  persons  to  the  alms- 
house or  work-house;  provided,  however,  that  no  person  shall, 
by  reason  of  such  transfer,  be  restrained  of  his  liberty  for  a 
longer  term  than  required  by  his  original  sentence  or  commitment. 

§  390.  The  board  of  public  charities  and  correction  are-hereby 
authorized,  in  their  discretion,  to  transfer  any  insane  person, 
heretofore  or  hereafter  committed  to,  or  being  in  their  custody, 
or  in  any  institution  under  their  control,  to  any  state  lunatic- 
asylum,  the  managers  or  proper  officers  of  which  shall  consent 
to  receive  the  same  ;  and  every  such  person  so  transferred  shall 
be  detained,  or  permitted  to  remain  in  am*  such  asylum,  until 
discharged  according  to  law.  The  expense  of  the  maintenance 
of  every  person  so  transferred,  which  shall  be  fixed  by  agree- 
ment between  said  commissioners  and  such  managers  or  officers, 
and  of  removing  from,  and,  in  case  of  discharge,  of  bringing 
back  to  said  city  every  such  person,  shall  be  estimated  for. 
raised  and  paid  in  the  same  manner  as  the  other  expenditures 
of  the  said  commissioners  of  the  department  of  charities  and 
correction,  such  expenses  not  to  exceed  the  present  cost  of  their 
maintenance. 


KMIM.OYMKNT  IN  W'OliK- HOUSES. 


1  I  7 


§397.  The  said  board  shall  have  authority,  at  any  time,  to  iSM.ch.jrra.fM, 
discharge  from  said  asylum  any  person  committed  thereto.  fovcuuMfor 
the  following  causes,  viz. :  ^T^X 

1.  That  said  person  is  cured.  obMge" 

2.  That  such  person  is  incurable,  and  incapable  of  being  per- 
manently benefited  by  the  treatment  and  discipline  of  said 
asylum. 

3.  That  Mich  person  has  failed  to  pay  for  his  support  therein, 
or  has  been  guilty  of  vicious  conduct,  prejudicial  to  the  good 
order  and  discipline  of  the  institution. 

.  §  398.  It  shall  he  lawful  to  detain  in  the  work-house,  for  the  »8ao,ch.5iaj7, 

'  as  amended 

purpose  of  employment  therein,  any  person  who  shall  have  been  ^lip^iM6, 
duly  committed  to  the  city  prison,  the  penitentiary,  or  the  alms-  Persona  com- 
house;  but  it  shall  not  he  lawful  for  vagrants  or  paupers,  or  the  Jjris'm  ma'y%- 
recipients  of  the  public  charities  of  the  said  department,  unless  work-house, 
they  have  been  before  convicted  of  crime,  to  b.e  employed  in 
company  or  in.  association  with  persons  committed  as  aforesaid, 
for  offenses  other  than  intoxication,  or  assault  and  battery,  not 
felonious.    The  board  may  transfer  and  commit,  or  cause  to  be 
transferred  and  committed  from  the  said  city  prison,  peniten- 
tiary, or  alms-house,  to  the  said  work-house,  or  to  such  parts  of 
Blackwell's  island  as  are  set  apart  for  purposes  of  public  criminal 
correction  (subject  to  the  prohibition  of  company  and  associa- 
tion aforesaid),  the  following  classes  of  persons  :  persons  com- 
mitted for  crime  ;  persons  in  the  alms-house  ;  persons  applying 
for  relief  to  the  department,  providing  their  own  conseut  to  such 
transfer  or  committal  be  obtained;  persons  committed  by  magis- 
trates as  vagrants  or  disorderly  persons.    No  person  committed 
to  the  city  prison  for  disorderly  conduct  shall  be  transferred 
from  said  prison  until  after  the  expiration  of  forty-eight  hours 
after  the  commitment.    No  person  committed  to  the  said  city  Wheadb- 

•'  charged. 

prison  or  the  work-house  for  drunkenness  or  disorderly  conduct, 
shall  be  released  or  discharged  from  confinement  before  the  ex- 
piration of  the  term  for  which  he  or  she  shall  be  committed, 
except  upon  reversal  of  judgment  upon  appeal,  or  review  by  a 
court  of  superior  jurisdiction  to  the  magistrate  making  the  com- 
mitment, without  a  written  order  directing  such  discharge  be 
made  and  signed  by  the  committing  magistrate  and  one  of  the 
commissioners  of  public  charities  and  correction. 

§  399.  Every  person  whose  age  or  health  will  permit  shall  be  iseo.ch.oio.ss. 
employed  in  getting  out  stone  or  in  cultivating  the  grounds  Ull-  titled  in  work- 
del"  used  of  the  said  department,  or  in  manufacturing  such  arti-  plowed.110"  vm~ 
cles  as  may  be  required  for  the  ordinary  use  of  the  institutions 
under  the  control  of  the  said  board  of  commissioners,  preparing 
and  building  sea-walls  around  the  islands  or  other  places  upon 
which  the  said  public  institutions  now  are  or  may  hereafter  he 


L48 


l-.\ll'l.o\  MK NT  IN   "\\  oKKllOt'SKis. 


1800,  ch.  510,  §0, 
C'omp.  359. 
Hours  of  labor. 


Id.  §10. 
May  open  ac- 
count with 
paupers. 


Id.  §11. 
l*aupers  and 
criminals  to  be 
kept  separate. 


Id.  §12. 


located,  or  at  such  mechanical  or  other  labor  as  on  trial  shall  be 
found  to  .suit  the  capacity  Of  the  individual.  It  shall  be  the  duty 
of  the  department  to  use  every  proper  means  to  furnish  convicts 
and  paupers  with  suitable  employment  by  contract ;  such  em- 
ployment, however,  not  to  conflict  or  come  into  competition  with 
any  mechanical  or  other  employment  pursued  by  the  people  of 
this  State.  And  in  case  any  convict  or  pauper  shall  neglect  or 
refuse  to  perform  the  work  allotted  to  him  or  her,  by  the  person 
in  charge,  it  shall  be  the  duty%f  the  proper  subordinate  to  pun 
ish  such  convict  or  pauper  by  confinement,  by  being  foil  on 
bread  and  water  only,  for  such  length  of  time  as  may  be  consid- 
ered necessary  ;  which  refusal  and  punishment  -diall  forthwith 
be  reported  to  said  board  of  commissioners.'  And  in  case  any 
pauper  shall  refuse  or  neglect  to  perform  the  work  assigned  to 
him  or  her  on  three  several  occasions,  the  said  board  may  expel 
BUch  pauper  from  the  alms-house. 

g  400.  The  hours  of  labor  shall  not  exJJBed  ten  per  day  to 
each  person  subject  to  the  discipline  of  the  department,  and 
shall  be  fixed  by  the  board  ;  and  the  articles  rai-ed  or  manufac- 
tured shall  be  subject  to  the  order,  and  placed  under  \hc  control 
of  said  board.  All  the  grounds  occupied  by  the  said  depart- 
ment, or  under  the  jurisdiction  of  the  board,  not  otherwise  occu- 
pied, and  whic  h  are  capable  of  cultivation,  shall  be  used  for 
agricultural  purposes,  and  improved  in  such  manner  as  will 
yield  the  greatest  revenue  to  the  department ;  and  the  proceeds 
arising  from  the  sale  of  articles  thus  raised  shall  be  paid  monthly 
into  the  hands  of  the  board,  and  be  by  them  paid  over  to  the  city 
chamberlain,  and  a  memorandum  thereof  filed  with  the  depart- 
ment of  finance  of  the  city  and  county  of  Xew  York. 

>J  401.  The  board  may  open,  in  their  discretion,  an  account 
with  all  paupers  committed  to  said  work-house,  charging  them 
with  all  the  expenses  incurred  by  the  city  for  their  board  and 
maintenance,  and  crediting  him  or  her  with  a  fair  and  reason- 
able compensation  for  the  labor  performed  by  such  pauper  ;  and 
at  the  expiration  of  the  term  of  sentence,  if  any  balance  shall 
be  found  to  be  due  to  them,  may  pay  the  same  to  such  pauper 
in  cash  at  the  time  of  their  discharge,  in  the  discretion  of  the 
board. 

§  402.  It  shall  be  the  duty  of  the  said  board  to  cause  to  be 
kept  and  employed,  separate  and  apart  from  each  other,  the 
paupers  and  criminals,  and  as  far  as  possible  to  cause  the  latter 
to  be  classified,  so  that  the  novice  in  crime  may  not  become  con- 
taminated by  the  evil  example  of,  or  by  association  and  contact 
with  the  more  hardened  and  confirmed. 

§  403.  Each  superintendent,  each  warden  or  chief  officer  of 
the  several  institutions  under  charge  of  the  department,  shall 


sri'KKIYI  'KNOKNTS  i)K  lNSTITl  TIONS. 


14'.' 


make  his  requisitions,  in  writing,  on  tho  board,  for  all  articles  *Jggj|g{J&£to 

deemed  necessary  by  the  said  board,  to  be  used  in  the  respective  be  in  writing 
institutions  under  his  charge  and  shall  keep  an  accurate  account 
of  Ihf  name. 

Ls;404.  Bach  said  superintendent,   warden  or  chief  officer.  !ll  ":' 

■  ■  To  renori 

shall,  once  in  each  week,  report  to  the  board  the  number  of 
persons  received,  transferred,  sick,  died,  and  remaining  in  the 
respective  institutions  under  their  charge  :  also  the  quantity  and 
kind  of  labor  performed. 

§  405.  The  officer  having  charge  of  the  alms-house,  shall  gftf^|M» 
dailv  send  all  paupers  residing  in  the  alms-house,  capable  of  Certain  . 

-  xt.         o  ~     t  paupers  in 

performing  any  work,  and  not  otherwise  employed,  to  the  i^^lllXnvd 
work-house,  or  such  other  of  the  institutions,  the  city  prisons  to  work-house, 
and  penitentiary  excepted,  where  they  shall  be  put  at  such  labor 
as  the  chief  officer  thereof  maybe  authorized  by  the  board  of 
commissioners  to  direct.  . 

^  40G.  It  shall  be  the  duty  of  the  officer  in  charge  of  the  nur-  w.  jis, 
series  to  provide  suitable  employment  for  all  the  children  under  children  to  i». 
his  care,  under  such  regulations  and  provisions  as  are  herein- 
before provided  for  in  reference  to  paupers  committed  as  afore- 
said. 

§  407.  The  board  of  public  charities  and  correction  shall  be  '>'•  !»«. 
authorized  to  make,  from  time  to  time,  such  rules  and  by  daws  andby-uws. 
for  the  management  and  government  of  the  department,  and 
especially  of  each  institution,  as  may  seem  to  them  necessary, 
and  which  shall  not  be  inconsistent  with  the  provisions  of  this 
chapter,  nor  contrary  to  law. 

408.  The  board  shall,  whenever  the  increase  of  inmates  in,  w-  i17< 
or  the  proper  care  and  government  of,  the  institutions  or  estab-  imnrove 
lishments  on  Randall's  island,  or  Blackwell's  island,  or  the  Belle- 
vue  hospital,  under  their  charge,  or  any  other  of  them,  shall,  in 
their  judgment,  render  it  necessary  or  expedient,  have  power 
to  enlarge,  add  to,  or  alter  the  buildings  belonging  to  such  in- 
stitutions, or  any  one  of  them,  and  to  erect  other  buildings  on 
said  islands,  or  within  the  inclosure  of  Bcllevue  hospital,  for  the 
uses  and  purposes  of  said  institutions,  or  any  one  of  them.  The 
board  shall  also  have  power  to  lay  out  a  potter's  field,  where  not 
already  laid  out,  to  make  inclosures  therein,  to  build  vaults 
therein,  and  to  provide  all  necessary  labor  therefor,  and  for  in- 
terments therein.  They  shall  also  have  power  to  make  all  need- 
ful repairs  to  buildings  or  property  under  their  control.  But 
they  shall  by  virtue  of  this  section  incur  no  expense  in  excess  of 
the  sum  appropriated  therefor. 

£  409.  The  commissioners,  or  any  one  commissioner,  shall  *** 

•*  jlnv  appreniit'o 

have  power  in  the  forms  and  with  the  provisions  now  prescribed  |^JJ™j|0Wt 
by  law  to  indenture  and  bind  out.  as  apprentices  during  their 


L50 


MINOHS  TO  BE  APPRENTICED. 


eo  N.  v.,  886. 
1871,  ch.  607,  i°, 
C'omp.  805. 


1881,  ch.  443, 
$010. 

lilml  out  disor- 
derly persona. 


180O,cb.51O,  $-.'), 

Coiup.  300. 


1871,  ch.  607,  51, 
Comp.  3G-1. 
Commitments. 


1850.  ch.  329,  59. 
C'omp.  301. 


minority,  any  minor  children  who  may  he  committed  to  their 
care  by  any  police  magistrate,  and  shall  have,  with  reference  to 
those  so  committed,  and  any  minor  children,  t  he  same  powers 
in  respect  thereto  as  are  possessed  by  the  managers  of  the  house 
of  refuge  for-juvenile  delinquents;  and  the  board,  or  any  com- 
missioner, shall  have  power,  in  their  discretion,  to  cancel  such 
indentures;  and  they  may  bind  out  such  children  for  the  em- 
ployment of  fanning,  or  any  useful  art  <»r  trade,  to  citizens 
of  the  adjoining  States. 

§  410.  The  commissioners,  when  so  authorized  by  the  court 
of  sessions,  may  bind  out  any  minor  who  has  been  committed 
as  a  disorderly  person  to  some  lawful  calling,  as  a  servant,  ap- 
prentice, mariner,  or  otherwise,  until  he  be  of  age;  or  if  any 
person  so  committed  be  of  age,  said  commissioners  may,  when 
so  authorized,  contract  for  his  service  with  any  person  as  a 
laborer,  servant,  apprentice,  mariner  or  otherwise  for  not  ex- 
ceeding one  year.  Such  binding  out  or  contract,  pursuant  to 
this  section,  has  the  same  effect  as  the  indenture  of  an  appren- 
tice with  his  own  consent  and  that  of  his  parents,  and  subjects 
the  person  bound  out  or  contracted,  to  the  same  control  of  his 
master,  and  of  the  court  of  sessions,  as  if  he  was  hound  as  an 
apprentice. 

§  411.  Whenever,  in  any  act  or  ordinance  not  inconsistent 
with  the  provisions  of  this  act,  but  applicable  thereto,  the  words 
alms-house  department  of  the  city  of  New  York  shall  occur,  it 
shall  be  taken  to  mean  and  refer  to  the  department  of  public 
charities  and  correction,  and  in  like  manner  the  words  governor 
or  governors  of  the  alms-house  shall  be  taken  to  mean  the  com- 
missioner or  commissioners  referred  to  in  this  chapter. 

§  412.  It  shall  bo  lawful  for  the  hoard  of  public  charities  and 
correction  to  commit  to  any  of  the  institutions  under  their 
charge  other  than  penal,  for  a  period  not  exceeding  six  months, 
any  person  or  persons  committed  to  their  charge  by  any  police 
magistrate  of  the  city  of  New  York,  and  such  vagrants  as  ask 
for  commitment. 

§  413.  It  shall  be  lawful  for  the  said  board,  and  it  shall  have 
power,  in  relation  to  all  persons  who  shall  hereafter  be  com- 
mitted to  any  institution  under  their  charge  as  vagrants,  by  rea- 
son of  their  being  "persons  who  shall  have  contracted  an  infec- 
tious or  other  disease  in  the  practice  of  drunkenness  or  debauch- 
ery, requiring  charitable  aid  to  restore  them  to  health,"  after 
the  same  shall  have  been  under  medical  treatment  sufficiently 
cured  to  be  discharged  or  to  work  or  labor,  in  their  discretion  to 
detain  such  person  or  persons,  and  transfer  or  commit  them  to 
the  work-house,  until  from  the  proceeds  of  their  work  and  labor 
there  shall  have  been  received  by  said  board,  beyond  the  charge  of 


V  ^GRANTS. 


151 


their  support  while  in  said  work-house,  a  sum  sufficient  to  reim- 
burse all  the  expenses  of  their  charge,  and  euro  while  under  _____ 
medical  treatment  as  aforesaid.    Provided  that  under  this  sec 
tion  no  such  person  shall  be  detained  or  committed  to  said  work- 
house for  a  longer  period  than  six  months. 

§  414.  The  said  commissioners  shall  not,  in  the  cases  where  ojS_M4s8!'  *3 
by  law  they  are  empowered  to  discharge  vagrants  from  the  in- 
stitutions under  their  control,  hereafter  discharge  any  of  said 
vagrants  from  custody  before  the  expiration  of  their,  terms  of 
imprisonment,  without  the  written  consent  of  the  committing 
magistrate  in  each  case. 

§  415.  Xo  insane  person  shall  be  discharged  from  the  lunatic  compare''1, 51 
asylum  of  the  said  county  without  the  certificate  in  writing  of  1885tcii.85& 
the  physician  thereof,  which  certificate  shall  be  filed  and  kept 
in  said  asylum,  stating  that  such  discharge  is  safe  and  proper. 

^  4 It?.  The  board  of  public  charities  and  correction  are  hereby  i88o,ch.  m  a 
authorized,  m  their  discretion,  to  permit  the  reception  and  treat-  StM»ras5St 
ment  in  Bellevue  hospital  of  persons  who  do  not  reside  in  the  y.  rit?Btobe 
city  of  New  York,  provided  that  every  person  so  received  and  vruehoiP"taKll(' 
treated  shall  be  required  to  pay  such  sum  for  board  and  attend-  I>roviso- 

Money  rBcotvcd 

ance  as  may  be  fixed  by  said  board.  All  sums  so  paid  shall  be  tobepaidtotbe 
reported  by  the  said  board  to  the  comptroller,  and  paid  over  to  ' 
the  chamberlain  once  in  every  three  months,  and  shall  be  added 
to,  and  form  a  part  of,  the  annual  appropriation  made  by  the 
board  of  estimate  and  apportionment  for  supplies  for  said  de- 
partment, and  may  be  expended  in  the  same  manner  as  the 
moneys  appropriated  for  that  purpose  by  said  board  of  estimate 
and  apportionment. 

§  417.  The  board  of  public  charities  and  correction  are  hereby  [^p'V'J5,  •*« 
authorized  to  transfer  to  the  care  and  charge  of  "The  Shepherd's 
Fold,  of  the  Protestant  Episcopal  church,  of  the  State  of  New 
York,"  such  orphan  and  friendless  children  as  are  eligible  by  the 
charter  and  constitution  of  said  society. 

§  418.  The  said  board  is  authorized  and  empowered  to  insert  Transfer  of 

1  orphan  and 

in  the  annual  departmental  estimate  of  the  expenditures  re-  Sjjgjjjj!*8 
quired  for  that  department,  directed  to  be  furnished  to  the  board  imb,  eh.  m, 
of  estimate  and  apportionment,  an  item  of  expenditure  for  the  ^tefofA* 
relief  of  poor  adult  blind  persons  in  the  city,  not  to  exceed 
twenty  thousand  dollars.    Said  board  shall  distribute  the  sum  so 
appropriated  each  year,  in  uniform  sums,  not  to  exceed  fifty  dol- 
lars to  any  one  person,  to  such  poor  adult  blind  persons,  not  in- 
mates of  any  of  the  public  or  private  institutions  in  said  city,  as 
have  resided  in  said  city  continuously  for  two  years  previous 
to  the  application  for  said  relief,  and  under  such  rules  and  re- 
strictions as  the  said  department  may  deem  necessary. 

£  410.  All  the  provisions  of  sections  seventv-five,  seventv-six,  i«'o,  ch- fa,  ji. 

1  J  "  '    Comp.  373. 


L52 


RELIEF  OF  POOR  F.LINI)  PERSONS. 


Acts  relating  to 
annual  reports 
extended  to 
commissioners. 
See  Rev.  Bta.Pt 
I.  ch.  t!0,  title  1, 
M75,  70,  77,  78; 
1842,  ch.  214; 

ihi:p,  .-h  i." 


IH70,  ch.  421,  $3, 
Comp.  37G. 
Annual  reports, 
when  to  be 
made. 
Id.  $G. 

Secretary  of 
state  to  furnish 
forms  and 
blanks. 


1813,  ch.  80, 
$250,  Comp.  3C2. 


1881,  ch.  442. 
§$914,  915,  920. 
Who  may  be 
compelled  to 
support  poor 
relatives. 


1881,  ch.  442, 
§881. 

Bastardy  bond. 


1881,  ch.  442, 
§924. 

Abandonment 
bond. 


seventy-seven,  and  seventy-eight,  of  chapter  twenty,  title  one, 
part  one,  revised  statutes  of  the  State  of  New  York,  as  amended 
by  chapter  two  hundred  and  fourteen,  laws  of  eighteen  hundred 
and  forty-two,  and  chapter  one  hundred,  laws  of  eighteen  hun- 
dred and  forty-nine,  relating  to  reports  by  superintendents  of 
the  poor  of  the  several  counties  of  the  State  to  the  secretary. of 
state,  and  the  penalties  for  the  neglect  of  duties  under  said  acts 
are  extended  to  and  made  applicable  to  the  board  of  public  char- 
ities and  correction.  The  said  board  an-  hereby  required  to  make 
an  annual  report  to  the  secretary  of  state,  on  or  before  the  tenth 
day  of  January  of  each  year  (covering  the  yeav  ending  Novem- 
ber thirty),  upon  the  statistics  of  the  poor  required  to  be  made 
by  said  acts.  The  secretary  of  state  shall,  from  time  to  time, 
furnish  the  said  board  with  the  necessary  forms,  blanks,  and  in- 
structions required  in  making  up  reports  upon  the  statistics  of 
the  poor. 

§  420.  Any  person  who  may  have  or  hereafter  shall  come 
into  the  city  from  any  other  State  within  the  United  States, 
shall  not  be  deemed  and  adjudged  legally  settled  in  the  said  city 
unless  the  party  shall  first  prove  to  the  satisfaction  of  the  board 
of  public  charities  and  correction  that  after  his  or  her  arrival 
therein,  he  or  she,  as  the  case  may  be,  shall  have  acquired  such 
requisites  to  constitute  a  settlement  as  are  necessary  in  and  by 
the  laws  of  such  State  from  whence  fye  or  she  may  have  come  as 
aforesaid. 

§  421.  The  father,  mother,  and  children,  of  sufficient  ability, 
of  a  poor  person  who  is  insane,  blind,  old,  lame,  impotent  or  de- 
crepid,  so  as  to  be  unable  by  work  to  maintain  himself,  must,  at 
their  own  charge,  relieve  and  maintain  him  in  a  manner  to  be 
approved  by  the  commissioners  of  charities  and  correction.  If 
a  relative  of  a  poor  person- fails  to  relieve  and  maintain  him 
as  in  this  section  provided,  the  said  commissioners  may  apply 
to  the  court  of  sessions  for  the  order  authorized  by  law  in 
such  cases.  The  action  authorized  by  law  for  a  failure  to  com- 
ply with  an  order  of  court  requiring  the  payment  of  a  weekly 
sum  for  such  support  must  be  in  the  name  of  the  mayor,  alder- 
men, and  commonalty. 

§  422.  When  the  court  orders  the  prosecution  of  an  under- 
taking for  the  appearance  at  the  court  of  sessions  of  a  person 
charged  as  the  father  or  mother  of  a  bastard,  the  prosecution 
must  be  by  the  commissioners  of  charities  and  correction  and 
the  amount  collected  must  be  paid  into  the  city  treasury. 

§  423.  The  security  required  according  to  law,  that  a  wife 
or  children,  abandoned,  shall  not  be  chargeable  to  the  city, 
must  be  satisfactory  to  the  commissioners  of  charities  and  cor- 
rection. 


ORGANIZATION  01'  I  IKK  DEPARTMENT. 


V 


CHAPTEB  XI. 


The  Fire  Department. 

Title  I.— Organization,  Ditties,  and  Powers  of  its  Officers  and 

^embers. 

§  424.  The  board  of  fire  commissioners  shall  possess  and  IZmp^m^ |:'' 
exercise,  fully  and  exclusively,  all  powers,  and  perform  all  duties  v£*™  °f  ,J° 
for  the  government,  management,  maintenance,  and  direction  ';ll,:lv  If: 

"  '  °  '  '  49  How.  67. 

of  the  fire  department  of  the  city,  and  the  premises  and  property 
thereof.  The  said  department  shall  have  sole  and  exclusive 
power  and  authority  to  extinguish  fires  in  said  city.  All  real 
estate,  fire  apparatus,  hose,  implements,  tools,  bells,  and  bell-tow-  Transfer  or 

'  ,  i    ii       •  ,  •  propertv  of  old 

ers,  fire  telegraph,  and  all  property,  of  whatever  nature,  in  use  by  nr»*epart- 
the  firemen  or  fire  department  of  the  city,  belonging  to  said  city, 
shall  be  in  the  keeping  and  custody  of  the  fire  department,  and 
for  the  use  of  said  department.  But  the  said  property  shall  re- 
main the  property  of  the  mayor,  aldermen,  and  commonalty  of 
the  city  of  New  York,  subject  to  the  public  uses  of  said  depart- 
ment, as  aforesaid,  and  for  the  purposes  provided  by  this  chap- 
ter. And  whenever  any  of  the  said  property  shall  no  longer  be 
needed  by  the  said  department  for  the  purposes  of  this  chapter, 
they  shall  surrender  the  same  to  the  said  the  mayor,  aldermen, 
and  commonalty. 

4  425.  The  said  board  shall,  subject  to  the  other  provisions  of  Board  topro- 

°  r  vide  horses, 

this  act,  have  full  power  to  provide  supplies,  horses,  tools,  imple-  apparatus,  etc. 
ments,  and  apparatus  of  any  and  all  kinds  (to  boused  in  the  'C1 
extinguishing  of  fires),  and  fire  telegraphs,  to  provide  suitable 
locations  for  the  same,  and  to  buy,  sell,  construct,  repair,  and 
have  the  care  of  the  same,  and  take  any  and  all  such  action  in 
the  premises  as  may  be  reasonably  necessary  and  proper. 

§  426.  The  board  shall  possess  and  exercise  full  and  exclusive  w.  sr. 
power  and  discretion  for  the  government,  management,  main-  oomp.  nsrf. 
tenance,  and  direction  of  the  several  buildings  and  premises,  ?onSoi"n*"i 10 
and  bell-towers,  and  property,  and  appurtenances  thereto,  and  property, 
all  apparatus,  hose,  implements,  and  tools  of  any  and  all  kinds 
which  may  belong  to  or  l»e  in  the  use  of  the  said  department. 

4lJT.  There  shall  be  in  this  department  four  bureaus.    One  wra.ch.wijfM, 

,  Comp.  37y, 

bureau  shall  be  charged  with  the  duty  of  preventing  and  ex-  amended 

.  ,     -  .  ,  .         1880,  ch.  B81,  |1, 

tinguishmg  fires  and  of  protecting  property  from  water  used  at 


154 


I'OWKKS  or  COMMISSIONERS. 


Investigation 
of  the  origin  of 
fires. 


inspector  of 
buildings  to  be 
appointed. 


1865,ch.249,  fl  l, 
Comp.  383. 
Election  of 
officers. 

See  1873.  eh. 
83.1,  $§ex,  7*. 


1871,  ch.  MS,  §7, 
C'OUip.  895. 
Location  of  lire 
alarm  tele- 
graph. 


Regulations  for 
control  of 
telegraph. 


Making  false 
alarms  or  muti- 
lating poles 
and  wires. 


fires,  the  principal  officer  of  which  shall  be  called  the  "chief  of 
department."  Another  bin  can  shall  be  charged  with  the  execu- 
tion of  all  law  s  relating  to  the  storage,  sale,  and  use  of  combus- 
tible materials,  the  principal  officer  of  which  shall  be  called 
"  inspector  of  combustibles."  Another  bureau  shall  be  charged 
with  the  investigat  ion  of  the  origin  and  cause  of  fires,  the  prin- 
cipal officer  of  which  shall  be  called  "  fire  marshal."  Another 
bureau  shall  be  known  as  the  "bureau  of  inspection  of  build- 
ings." The  head  of  the  bureau  of  inspection  of  buildings  shall 
be  known  as  the  inspector  of  buildings,  and  the  said  bureau  shall, 
under  and  subject  to  such  rules,  regulations,  and  orders  as  may 
be  established  by  the  board  of  fire  commissioners,  have  charge 
of  all  matters  relating  to  buildings  and  structures  in  the  city  of 
New  York  devolved  on  said  department.  The  "inspector  of 
buildings"  may  be  authorized  by  the  board  of  fire  commissioners 
to  perform  any  duty,  or  to  exercise  any  power  or  authority, 
intrusted  to  said  department  with  reference  to  buildings  and 
st  ructures. 

§  42S.  The  said  board  shall  have  power  to  select  heads  of 
bureaus  and  assistants  and  as  many  officers  and  firemen  as  may 
be  necessary,  and  the  same  shall  at  all  times  be  under  the  con- 
trol of .  the  said  board,  and  perform  such  duties  as  may  be  as- 
signed to  them  by  the  said  commissioners. 

§  429.  Said  board  shall  have  exclusive  right  and  power  from 
time  to  time  to  designate  and  fix  the  location  of  all  fire-alarm 
telegraph,  signal  and  alarm  stations  in  the  city,  and  to  have 
access  to  and  the  control  of  the  same  for  the  purposes  of  the  de- 
partment; to  fix  upon  and  adopt  the  colors  or  combination  of 
colors  in  painting  the  poles,  boxes,  and  fixtures  thereof,  and  the. 
kind  or  style  of  keys  and  appliances  by  which  to  operate  the 
same;  to  select  and  designate  the  places  of  deposit  for  keeping 
the  keys  of  the  various  stations,  and  to  designate  the  offices  and 
persons  who  shall  be  intrusted  with  duplicate  keys  and  author- 
ized to  use  the  same,  and  to  make  from  time  to  time  such  rules 
and  regulations  governing  the  possession,  return  or  use  thereof, 
and  as  to  the  use  and  control  of  said  telegraph,  as  they  may 
deem  necessary;  and  no  person  other  than  the  said  commission- 
ers or  their  officers  and  their  employees  specially  authorized  to 
operate  said  telegraph,  or  to  use  the  same  for  instruction  or 
drill,  or  policemen  or  citizens  using  the  same  for  communicating 
an  actual  alarm  of  fire,  shall  make  use  thereof;  and  no  person 
shall  use  the  keys  or  appliances  thereof  for  communicating  a  false 
alarm,  or  experimenting  or  tampering  with  the  same  for  any 
purpose  whatever,  or  have  or  possess  any  key  thereof,  without 
such  authority;  and  no  person,  association,  corporation,  or 
company  shall  post,  paint,  impress,  or  in  any  way  affix  to  any 


POWERS  or  COMMISSIONERS. 


pole  connected  with  said  tire-alarm  telegraph,  or  any  box,  wire, 
or  other  appliance  connected  therewith,  any  placard,  sign,  broad 
side,-  notice,  or  announcement  <>f  any  kind,  or  (Hit,  mutilate, 
alter,  mar,  deface,  cover,  obstruct,  or  interfere  with  the  same  in 
any  manner  whatsoever,  or  paint  or  cause  to  be  painted,  the 
poles  of  any  other  telegraph,  or  any  other  poles  on  the  lines 
thereof,  of  asimiliar  color  or  colors,  or  in  imitation  thereof,  nor 
consent,  allow,  or  be  privy  to  any  of  said  things  being  done  for 
them  or  upon  their  behalf;  and  any  offense  against  the  provis- 
ions of  this  section  shall  be  punished  as  a  misdemeanor,  and 
subject  the  party  or  parties  violating  the  same  to  an  additional 
penalty  of  one  hundred  dollars.  Iso  kite  shall  be  flown,  raised,  wfiaefntto 
or  put  up  in  the  streets  or  avenues  adjacent  to  the  lines  of  said  elegrRp 
telegraph,  or  allowed  to  become  entangled  with  the  wires  or  ap- 
paratus of  said  telegraph,  under  a  penalty  of  ten  dollars  for 
every  such  offense;  and  the  board  of  police  and  their  officers  are 
specially  charged  and  directed  to  aid  in  the  enforcement  of  this 
section. 

430.  The  said  board  of  fire  commissioners  shall,  subject  to  1*5,011. 349, §u, 
the  other  provisions  of  this  act,  provide  such  offices  and  busi-  Business  offices 
ness  accommodation  as  may  be  requisite  for  the  transaction 
of  the  business  of  the  department  and  that  of  its  subor- 
dinates.   The  department  may  adopt  a  common  seal  and  direct 
its  use. 

§431.  The  board  of  fire  commissioners  is  hereby  authorized,  o2!^sm?,$1*' 
empowered,  and  especially  charged  with  the  duties  of  enforcing  J|^0ar£tement of 
the  several  provisions  of  this  chapter,  and  may,  subject  to  the  Licensor  - 
other  provisions  of  this  act,  incur  any  expense  necessary,  and 
proper  therefor  ;  and  said  board  is  hereby  authorized  and  em- 
powered to  receive  and  collect  all  license  fees  mentioned  in  this  how  brought, 
chapter,  and  to  sue  for,  and  shall  have  the  exclusive  right  of  re- 
covery of,  any  and  all  penalties  imposed  under  this  chapter,  and 
may  sue  for  and  recover  and  collect  the  same,  with  costs,  in  the 
manner  provided  for  in  actions  under  the  Code  of  Civil  Proced- 
ure, and  shall  apply  the  same  to  the  uses  and  purposes  of  the 
relief  fund  of  the  fire  department  in  the  city  of  New  York,  and 
the  said  board  may  bring  any  suit  or  action  for  the  enforcement 
of  its  rights  and  contracts,  and  for  the  protection,  possession, 
and  maintenance  of  the  property  under  the  control  of  said  de-  „ 

.  1      1  1M5,  ch.3S5,  §2-* 

partment ;  and  any  action  to  recover  any  fee,  fine,  or  penalty  oomp.a8a, 
under  this  chapter  may  be  brought  in  any  of  the  district  courts  neUy\eo\°b«adeor' 
in  said  city  ;  and  the  attorney  to  the  fire  department  shall,  under 
the  direction  of  said  board,  take  charge  of  the  prosecution  of  all 
suits  or  proceedings  instituted  for  the  recovery  and  collection  of 
penalties,  and  the  enforcement  of  the  several  provisions  of  this 
chapter  ;  collect  and  receive  all  moneys  upon  judgments,  suits, 


part  men  t. 


I'OWKRS  OF  i  uMMISMONKRs. 


oi- proceedings  so  instituted  ;  pay  all  costs  and  disbursements, 
and  discontinue  suits  and  proceedings,  and  execute  satisfaction 
of  judgments  upon  payment  of  penalties,  or  costs,  and  in  com- 
pliance with  orders  made  in  such  suite  and  proceedings  ;  shall 
keep  a  correct  and  accurate  register  of  all  suits  and  proceedings, 
and  account  for  all  moneys  received  and  paid  out  thereon  ;  and 
moncy"to0f     s*ia^       ovei"  t°       treasurer  of  the  relief  fund  the  amount  of 
tamaurar  <»«  re-  all  license  fees,  penalties  and  moneys  received  and  collected  hy 
him,  and  the  said  hoard  is  authorized  to  settle  or  compromise 
any  such  suit  or  judgment  for  less  than  the  amount  of  the  same 
incase,  in  their  judgment,  they  are  satisfied  that  payment  of 
the  full  amount  cannot  he  collected. 
Mom^dlxi*78'       §  432.  The  hoard  of  fire  commissioners  may  appoint  a  person 

1880,  cu.  wi,  $1.  regularlv  admitted  to  the  bar,  and  practicing  in  the  city  of  New 
Attorney  to  ,  ,      _  , 

ni.-iiiv  York,  to  he  attornev  to  the  fire  department.    He  shall  perform, 

department.      •  , 

as  attornev,  such  duties  connected  with  the  tire  department  as 

are  prescribed  by  this  chapter,  and  as  may  be  required  of  him 

by  the  board  of  fire  commissioners.    He  shall  he  removed  for 

cause,  and  after  an  opportunity  to  he  heard. 
i806,c1l249, is,       §433.  Any  commissioner  who  shall,  during  the  term  of  his 
When  commis-  O  ffice,  be  publicly  nominated  for  any  office  elective  by  the  peo- 
Seiuoimve  pie,  and  who  shall  not  decline  the  said  nomination  within  ten 
office"  ""     days  succeeding  notice  of  the  same,  shall  be  deemed  to  have 

vacated  his  office. 

I86S, ch.W9,SS4,       cj  i'M.  It  shall  h.3  the  dulv  of  said  department  to  make  suit- 
uniforms  ana    able  regulations  under  which  its  ;  officers  and  men  shall  be 
required  to  wear  any  appropriate  uniform  and  badge,  by  which 
in  case  of  fire  and  at  other  times,  the  authority  and  relations  of 
such  officers  and  men  in  said  department  may  be  known  as  the 
1865, §21,  exigency  of  their  duties  may  require.    It  shall  be  a  misde- 
renaitv  for  un-  meanor,  punishable  by  imprisonment .  in  the  county  jail  for  a 
iugumVonnTte.  period  of .  not  less  than  sixty  days,  for  a  person  not  enrolled  or 
c^p.b3862' §1T  employed,  or  appointed  by  the  said  department,  to  wear  the 
MseaUums114  wn°le  or  au>"  Par*;  °f  the  uniform  or  insignia  prescribed  to  be 
worn  by  the  rules  or  regulations  of  the  board,  or  do  any  act  as 
firemen  not  duly  authorized  by  the  commissioners,  or  to  inter- 
fere with  the  property  or  apparatus  of  the  fire  department  in 
any  manner,  unless  by  the  authority  of  the  department.  Any 
person  who  shall  falsely  represent  any  of  the  members  of  the 
fire  department,  or  who  shall  maliciously,  with  intent  to  de- 
ceive, use,  or  imitate  any  of  the  signs,  fire-caps,  badges,  signals, 
or  devices  adopted  or  used  by  the  said  department,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  subject  to  a  fine 
of  not  less  than  twenty-five  dollars,  or  more  than  two  hundred 
and  fifty  dollars,  and  to  imprisonment  for  a  term  not  less  than 
ten  days,  or  more  than  three  months,  such  fines,  when  col- 


L  NIKOKMKD    I  <  )!{<  !•:  OF  I  IHK  DEPARTMENT. 


157 


lected,  to  bo  paid  over  t<>  tho  trustors  of  tin-  New  York  I  in;  de 
partment  relief  fund. 

§  135.  No  person  shall  ever  \to  appointed  to  membership  in  the  JJJ^^178, 
lire  department,  or  continue  to  hold  membership  therein,  who  is  ^;;,1i|,;!l^';r,*n- 
not  a  citizen  of  the  United  States,  or  who  has  ever  been  convict-  Membership 
ed  of  crime,  or  who  cannot  read  and  -write  understanding!?  in 
the  English  language,  or  who  -hall  not  have  resided  within  the 
State  one  year. 

§  43C.  No  member  of  the  hre  department  shall,  under  penalty  {jJMjgf:*M< 
of  forfeiting  tho  salary  or  pay  which  may  be  due  to  him,  with-  ggg?'1* 
draw  or  resign,  except  by  permission  of  the  board  of  fnecommis-  Be 
siouers.    Unexplained  absence,  without  leave,  of  any  member  of 
the  uniformed  force,  for  five  days,  shall  be  deemed  and  held  to 
be  a  resignation  by  such  member,  and  accepted  as  such. 

§  437.  No  person  holding  office  under  this  department  shall  i6to,c1uk  , - 
be  liable  to  military  or  jury  duty,  nor  to  arrest  on  civil  process,  Firemen  ex- 
or.'whilst  actually  on  dutv.  to  service  of  subpcenas  from  civil  o^aadclwP 

arrest. 

courts. 

§  43S.  Every  member  of  the  uniformed  force  shall  have  issued  w.  |6i. 
to  him,  by  the  board  a  proper  warrant  of  appointment,  signed  by  appointment 
the  president  of  the  said  board,  and  secretary  or  assistant  secre- 
tary, which  warrant  shall  contain  the  date  of  his  appointment 
and  his  rank. 

.^  439.  Each  member  of  the  uniformed  force  shall  take  an  id.  sou. 
oath  of  office,  and  suhscribe  the  same  before  an  officer  of  the  do-  °athsof  «?«* 
partment  empowered  to  administer  an  oath. 

§440.  The  government  and  discipline  of  the  fire  department  i~; :.,  ],  :;,  ;.. 
t  shall  be  such  as  the  board  nfay,  from  time  to  time,  by  rules,  reg-  Di^pu,,^ 
'  illations,  and  orders  prescribe.    The  board  shall  have  power,  in  orders, 
its  discretion,  on  conviction  of  a  member  of  the  force  of  any  legal  ? ' ' 

offense  or  neglect  of  duty,  or  violation  of  rules,  or  neglect  or  dis-  Punishment  or 
obedience  of  orders,  or  incapacity,  or  absence  without  leave,  or  f  .k'.  hv^  '' 
any  conduct  injurious  to  tho  public  peace  or  welfare,  or  immoral  Wx.y.  m 
conduct,  or  conduct  unbecoming  an  officer,  or  other  breach  of  j^"5  ^.  .„ 
discipline,  to  punish  the  offending  party,  by  reprimand,  forfeit-  Comp. s™. 
ing  and  withholding  pay  for  a  specified  time,  or  dismissal  from 
the  force;  but  no  more  than  ten  days'  pay  shall  be  forfeited  and 
withheld  for  any  offense.    Officers  and  members  of  the  uni- 
formed force  shall  be  removable  only  after  written  charges  shall 
have  been  preferred  against  them,  and  after  the  charges  have 
been  publicly  examined  into,  upon  such  reasonable  notice  to  the 
person  charged,  and  in  such  manner  of  examination  as  the 
rules  and  regulations  of  the  board  of  fire  commissioners  may 
m  prescribe. 

§441.  An  intention  to  reduce  the  force  and  expense  of  the  lsra.chjStfTB, 

,  -  .  -   •     .11  •  II         ,     •     i  .     ,       »s  amended 

bureau  of  inspection  of  buildings,  or  the  clerical  force  of  the  iwo,  ch.  ki.  §i. 


l.->s 


FNIFOKM Kl>    FOKCF  OF  FIRK  DEl'AHTMKNT. 


l9T8,cb.88fi,(110, 
its  amended 

if  so,  ch.  rat,  $•». 


Salaries  of  Ore 
department, 


Grading  of 
firemen. 


1803,  ch.  2»0,§20, 
Com]).  386. 
Fire  depart- 
ment and  poliee 
toco-operate. 


department,  shall  bo  deemed  sufficient  ground  for  I  he  removal 
of  any  officer  or  employee  of  said  bureau,  except  the  chief 
officer  thereof,  and  of  any  cleric  in  the  department.  The 
board  of  lire  commissioners  is  authorized  to  abolish  any  office, 
clerkship,  or  employment  in  the  said  bureau  of  inspection  of 
buildings,  and  fchey  may  consolidate  the  duties  of  any  Iwo  or 
more  officers,  clerks,  or  employees  thereof. 

..'  14L'.  The  salary  attached  to  either  of  the  follow  ing  positions 
in  tin-  fire  department  shall  not  exceed  the  sum  hero  designated 
as  tbc  maximum  salary  of  such  position  when  held  by  any  per- 
son appointed  to  the  uniform  force  of  said  fire  department  af  ter 
May  twenty-ninth,  eighteen  hundred  and  eighty:  For  chief  of 
battalion,  two  thousand  dollars;  for  a  foreman,  fourteen 
hundred  dollars;  for  an  assistant  foreman,  thirteen  hundred 
dollars;  for  an  engineer  of  steamers,  twelve  hundred  dollars;  for 
an  assistant  engineer  of  steamers,  eleven  hundred  dollars.  The 
members  of  the  uniform  force,  appointed  after  May  twenty- 
ninth,  eighteen  hundred  and  eighty,  shall,  on  their  appointment, 
become  members  of  what  shall  be  known  as  the  third  grade,  at 
a  salary  of  eight  hundred  dollars  per  year;  after  two  years  of 
service  in  such  third  grade,  they  shall,  if  their  conduct  and  effi- 
ciency has  been  satisfactory,  be  advanced  to  what  shall  be  known 
as  the  second  grade,  at  a  salary  of  nine  hundred  dollars  per  year: 
after  two  years  service  in  such  grade,  they  shall  on  like  conditions, 
be  advanced  to  what  shall  be  known  as  the  'first  grade,  at  a 
salary  of  one  thousand  dollars  per  year.  But  no  member  of  such 
uniformed  force  shall  be  so  advanced,  as  aforesaid,  except  after 
examination  and  approval  of  his  record,  efficiency,  and  conduct* 
by  the  board  of  fire  commissioners. 

£  443.  It  shall  he  the  duty  of  the  fire  department  and  of  the 
police  board,  their  respective  officers  and  men,  to  co-operate 
together  in  all  proper  ways,  and  the  said  board  and  depart- 
ment may  respectively  provide  for  protection  against  fire,  and 
for  the  arrest  of  all  persons  who  may  at  or  near  any  fire 
commit,  or  attempt  to  commit,  any  crime  against  the  laws  of 
this  State,  or  violate  any  rule  or  regulation  of  said  board  or 
department. 


Title  2. — Fires  and  their  Extinction. 


1805,ch.  340,  §15, 
Comp.  384. 
Right  of  way. 
Penalty  for 
refusing  right 
of  way. 


444.  The  officers  and  men  of  the  fire  department,  with  their 
apparatus  of  all  kinds,  when  on  duty,  shall  have  the  right  of 
way  at  any  fire,  and  in  any  highway,  street,  or  avenue,  over 
any  and  all  vehicles  of  any  kind,  except  those  carrying  the* 
United  States  mail.  And  any  person  in  or  upon  or  owning  any 
vehicle,  who  shall  refuse  the  right  of  way,  or  in  any  way  ob- 


CORPS  OF  SAPPERS  and  MlNKKs. 


struct  any  lire  apparatus,  or  any  of  said  officers,  while  in  the 
performance  of  duty,  shall  be  guilty  of  a  misdemeanor,  and  be 
liable  to  punishment  for  the  same.  » 

iH4.">.  TJie  board  of  lire  commissioners  is  empowered  to  pro-  JSm^aw4*  *0, 
\i(le*Tm-  the  laving  on  the  railway  tracks  of  the  city,  over  the  "  •  •  1  -  ••  •• 
hose  used  by  the  department  for  the  extinguishment  of  fires,  of  hwh 
such  hose-bridges  as  they  may  deem  necessary  ;  and  the  various 
horse  and  steam  railway  companies  running  cars  within  the 
limits  of  the  city  of  New  York  shall  provide  and  use  such  hose- 
bridges  as  may  be  designated  by  the  board  of  commissioners  of 
the  lire  department.    Such  bridges  shall  be  paid  for  by  the  rail 
way  companies  using  the  same. 

§446.  No  person  shall  in  any  manner  obstruct  the  use  of  i«ri,ch. so. 
any  fire-hydrant  in  said  city,  or  allow  any  snow  or  ice  to  bo  [^jjj^^ o{ 
thrown  or  piled  upon  or  around  the  same,  or  have  or  place,  or  flre  hydrant*, 
allow  to  be  placed,  any  material  in  front  thereof,  from  the  curb 
line  to  the  centre  of  the  street,  and  to  within  ten  feet  from 
either  side  thereof,  and  all  snow. and  ice  accumulating  within  snow,  ice,  etc. 
such  space  shall  be  removed  by  the  owner  or  owners,  lessee  or 
lessees,  of  the  premises  fronting  the  same  in  the  same  manner 
as  is  prescirbed  for  the  keeping  clear  of  the  sidewalk,  under  a 
penalty  of  ten  dollars  for  each  and  every  such  offense  ;  and  any 
and  all  material  found  as  an  obstruction,  as  aforesaid,  may  he 
forthwith  removed  by  the  officers  or  employees  of  said  board, 
and  at  the  risk,  cost  and  expense  of  the  owner  or  claimant,  and 
said  board  may  take  all  proper  measures  to  keep  said  hydrants 
from  freezing  and  in  proper  condition  for  use  at  all  times. 

§447.  The  board  of  fire  commissioners'  is  hereby  empowered  ]Hr3_  ch  :.y„ 
and  directed  to  maintain  in  the  fire  department  a  corps  to  he      *' Oon,p' 
known  as  the  corps  of  sappers  and  miners.    Said  corps  shall  be  ^audmiueis 
composed  of  not  exceeding  three  members,  either  officers  or  pri-  officer  for  drill 
vate  firemen,  of  each  company  in  said  fire  department,  and  said 
members  shall  be  appointed  by  said  board,  upon  the  nomination 
of  the  chief  engineer  of  said  fire  department.    The  said  board 
shall  appoiut  a  suitable  officer,  who  shall  be  skilled  in  the  use  of 
explosives,  whose  duty  it  shall  be  to  instruct  and  drill  said  corps 
in  the  use  of  explosives,  and  to  give  said  corps  such  other  in- 
struction as  may  be  required  to  qualify  them  to  effectually  dis- 
charge the  duties  imposed  upon  them  by  this  title.    Such  officer 
shall  receive ^m  annual  salary  of  two  thousand  dollars,  and  such 
salary  shall  be  raised  and  paid  in  the  same  manner  as  the  sala- 
ries of  the  other  officers  appointed  by  said  board. 

§  448.  Whenever,  under  and  by  virtue  of  the  acts  relating  to  id.  §3. 
the  extinguishment  of  fires  in  said  city,  the  destruction  or  pull- 
ing down  of  any  building  or  buildings  shall  he  deemed  necessary, 
and  shall  be  ordered  by  the  officer  in  command  at  anv  fire  in 


1 1)1 1 


l'IKHS  AND  TIIKJIi  EXTINCTION. 


When  building! 
to  be  pulled 
down. 


Comp.  387. 
Depots  for stor- 
age of 
explosives. 


1*13,  cb.  w),  >hi. 

Comp.  112. 
Uuildings,  when 
to  be  pulled 
down. 

i;  Wend.  I* 
i(1.188:S01d.l80; 
•£>  Id.  157:  9 
l'aitfe,  508;  2 
Denio.  I'll ;  :i 

Zabrisldei  N.J  i, 

!>,590. 

Payment  to  per- 
sons  Bustaining 
loss. 


Id.  §82. 

Idle  and  suspi- 
cious persons 
may  be  remov- 
ed from  fires. 


Officers. 


said  city,  it  shall  be  the  duty  of  said  corps,  or  any  member  or 
nienihcrs  thereof,  hy  the  direction  of  the  said  officer  in  command 
at  such  file,  to  level  and  destroy  .such  building  or  buildings  by  the 
use  of  explosives,  for  the  purpose  of  arresting  the  spread  of  such 
lire,  and  it  shall  be  lawful  for  them  to  enter  and  take  po<«— ion 
of  the  same  for  such  purposes. 

$119.  The  board  of  fire  commissioners  shall  establish,  in  tin- 
city  of  New  Ycrk,  one  or  more  depots  for  the  storage  and  safe 
keeping  of  such  explosives  as  may  be  required  for  the  use  of  said 
corps,  and  may  limit  the  quantity  of  any  such  explosives  to  be 
kept  at  any  one  of  such  depots. 

§  450.  When  any  building  or  buildings  in  the  city  of  New 
York  shall  be  on  fire,  it  shall  be  lawful  for  the  mayor,  or  in  his 
absence  the  recorder  of  the  city,  with  the  consent  and  concur- 
rence of  any  two  of  the  aldermen  thereof,  or  for  any  three  of 
the  aldermen,  to  direct  and  order  the  same,  or  any  other  build- 
ing which  they  may  deem  hazardous,  and  likely  to  take  fire,  or 
to  convey  the  fire  to  other  buildings,  to  be  pulled  down  or  de- 
stroyed. Upon  the  application  of  any  person  interested  in  such 
building  so  pulled  down  or  destroyed,  to  the  court  of  common 
pleas  it  shall  be  its  duty  to  issue  a  precept  for  a  jury  to  inquire 
of  and  assess  the  damages  which  the  owners  of  such  building 
and  all  persons  having  any  estate  or  interest  therein,  have  re- 
spectively sustained  by  the  pulling  down  or  destroying  thereof: 
which  precept  shall  be  issued,  directed,  executed,  returned,  and 
proceeded  upon,  and  the  proceedings  thereon  shall  take  effect,  as 
nearly  as  may  be,  in  such  manner  as  by  the  second  and  fourth 
titles  of  chapter  sixteen  of  this  act  is  provided  in  the  case  of  land 
taken  for  public  purposes;  and  the  said  inquiry  and  assessment 
having  been  confirmed  by  the  said  court,  the  sums  assessed  by 
the  said  jury  shall  be  paid  by  the  said  mayor,  aldermen  and 
commonalty  to  the  respective  persons  in  whose  favor  the  jury 
shall  have  assessed  the  same,  in  full  satisfaction  of  all  demands 
of  such  persons  respectively  by  reason  of  the  pulling  down  or 
destroying  such  building;  and  the  court,  before  whom  such  pro- 
cess shall  be  returnable,  shall  have  power  to  compel  the  attend- 
ance of  jurors  and  witnesses  upon  any  such  assessment  of  dam- 
ages. 

§  451.  During  the  actual  prevalence  of  any  fire,  it  shall  and 
may  be  law  fid  for  the  officers  of  the  police  and  fire  departments 
to  remove  or  cause  to  be  removed  and  kept  away  from  the 
vicinity  of  such  fire,  all  idle  and  suspicious  persons,  and  all  per- 
sons not  fit  to  be  employed  or  not  actually  and  usefully  em- 
ployed, in  their  judgment,  in  aiding  the  extinguishment  of  such 
fire  or  in  the  preservation  of  property  in  the  vicinity  thereof. 


> 


PKKVKXTIoN  or  riHF.S. 


If.l 


Title  3.-  -Prevention  of  Wires.    Explosive  o)»d  combustible 

Materials. 

i  152.  All  carpenters  or  others  in  said  city  making  or  using  isn, cb. dm, |>, 

,  ,,      *     ,       '  ,      ,  i  j     i       Comp.  118. 

shavings,  shall,  at  the  close  of  each  day,  cause  the  same  to  he  i8», ch. w. |i, 
securely  stowed  in  some  safe  place  remote  from  danger  by  SSrSJwa^ 
means  of  lire,  under  the  nenaltv  of  live  dollars  fi>r  each  < nuis-  <•>■ 

1  i  •    j  Conip.  395. 

B10U  SO  to  do.     N'o  person  shall  kindle  any  fire  nor  furnish  the  iseo.ch.  iw,  |i, 
materials  nor  in  any  way  authorize  or  allow  any  fire  to  he  made  Kh«mnKnrw 
in  any  street,  road,  alley,  lane,  or  upon  any  pier,  wharf,  or  i".^,,'^' ' '' 
bulkhead  in  said  city,  except  under  such  regulations  as  shall  he 
established  by  said  hoard  of  fire  commissioners,  under  a  penalty 
of  ten  dollars  for  each  and  every  such  offense.  If  any  chimney, 
Btove-pipe,  or  fine  within  the  said  city  shall  take  fire,  the  occu- 
pant of  the  premisVs  to  which  such  chimney,  stove,  or  flue  ap- 
pertains shall  forfeit  the  sum  of  five  dollars. 

§  15o.  All  hoist  ways,  well-holes,  trap-doors,  and  iron  shutters  i866.cib.8r8. 
9baU  be  closed  at  the  completion  of  the  business  of  each  day  by  L 
the  occupant  of  the  building  having  use  or  control  of  same,  and  187X| ^ 748* « 
in  case  of  a  violation  of  this  provision,  such  ocoupant  having  §tos!D*3of 
the  use  or  control  thereof  shall  forfeit  and  pay.  a  penalty  of  fifty  IVap'doore'and 
dollars  for  each  and  every  neglect  or  omission  so  to  do.  And  for  iro"  setters, 
any  accident  or  injury  to  life  and  limb,  resulting  directly  or  indi- 
rectly from  any  neglect  or  omission  to  properly  comply  with  any 
of  the  requirements  of  this  section,  the  person  or  persons  culpa- 
ble or  negligent  in  respect  thereto  shall  be  liable  to  pay  to  any  offi- 
cer, agent,  or  employee  of  said  board  injured,  or  whose  life  may 
he  lost  (resulting  from  such  neglect  or  omission)  while  in  the 
discharge  or  performance  of  any  duty  imposed  by  said  board,  or 
to  the  wrife  and  children,  or  to  the  parents,  or  to  the  brothers 
and  sisters,  -  being  the  surviving  heirs-at-law  of  any  deceased 
person  thus  having  lost  his  life,  a  sum  of  money  in  case  of  in- 
jury to  person  not  less  than  one  thousand  dollars,  and  in  case  of 
death  not  less  than  five  thousand  dollars,  such  liability  to  he  de- 
termined and  such  sums  recovered  in  an  action  to  be  instituted 
by  said  board  for  and  in  behalf  of  any  person  injured,  or  the 
family  or  relatives  of  any  person  killed  as  aforesaid  ;  and  any  uabattg  in 
and  all  persons  for  any  fa  r  resulting  from  his  or  their  willful  or  negligence, etc. 
culpaple  negligence,  or  criminal  intent  or  design,  shall,  in  addi- 
tion to  the  present  provisions  of  law  for  the  punishment  of  per- 
sons convicted  of  arson,  be  liable  in  a  civil  action  for  the  pay- 
ment of  any  and  all  damages  to  the  person  and  property  the  re- 
sult of  such  tire,  and  also  for  the  payment  of  all  costs  and  ex- 
penses of  said  board  incurred  in  and  about  the  use  of  employees, 
apparatus,  and  materials,  in  the  extinguishment  of  any  fire  re- 


EXPLOSIVE   \M»  (  o.mim  BTIBLE  MATERIAL**. 


1891,  eh.  i  r,\ 
( 'oinp.  :cc. 

Ughta  in  thea 
i  res,  stables, 
etc. 


I'iri's  in  li« >l . 

theatres, 
churches,  man 
ufactortes,  etc. 


Firemen  ai 

pliicrsof 

amusements 
im\  Ingscenery, 

etc. 


1851,  ch.  ;  12, 
Gonip.  31". 
(iimpowdt-ianil 
explosive  nils 

imii  com- 
pounds. 


Storage 


I  licenses  for 
retailing  gun- 
powder, etc. 


jilting  from  such  caUBe,  the  amount  ol'  such  costs  ;ni(l  expense 
to  bo  fixed  by  said  board,  and  when  collected  shall  be  paid  into 
the  relief  fund  of  said  department  herein  created  ;  and  shall  also 
he  liable  for  injury  to  person  or  loss  of  life  of  any  officer,  agent, 
or  employee  of  said  board,  in  the  same  manner  and  like  extent, 
and  to  be  sued  for  in  like  manner  as  in  the  preceding  part  of  this 
section  provided  for. 

454.  All  lights  used  in  theatres  and  all  other  places  of  pub- 
lic amusement,  manufactories,  stable-,  or  in  show  window.-. 

shall  be  properly  protected  by  globes,  ^  lass  coverings,  or  in  such 

other  manner  as  said  board  shall  prescribe,  under  the  penalty  of 
ten  dollars  for  each  omission  to  do  so.  The  proprietors  of  all 
manufactories,  hotels,  tenement  houses,  boarding  and  lodging 
houses,  warehouses,  stores  and  offices,  theatres  and  music  halls, 
and  the  authorities  having  charge  of  the  public  schools  and  other 
public  buildings,  churches  and  other  places  where  large  numbers 
of  persons  are  congregated  Cor  purposes  of  worship,  instruction 
or  amusement .  -hall  provide  such  means  for  Communicating 
alarms  and  extinguishing  fires,  and  communicating  necessary 
information  to  the  police,  a.  -aid  board  and  board  of  police  shall 
prescribe.  And  said  board  of  fire  commissioners  may  detail, 
not  to  exceed  two  members  of  the  fire  department,  at  each  and 
every  place  of  amusement  where  machinery  and  scenery  are 
used,  while  such  place  i-  open  to  the  public,  whose  duty  it  shall 
be  to  guard  against  fire,  and  have  charge  and  control  of  the 
means  provided  for  its  extinguishment,  and  shall  have  the  con- 
trol and  direction  of  the  employees  of  the  place  to  which  they 
may  be  detailed  for  the  purpose  of  extinguishing  any  fire  which 
may  occur  therein. 

^  455.  Ko  person  shall  manufacture,  have,  keep,  sell,  or  give 
away  any  gunpowder,  blasting  powder,  gun-cotton,  nitro  glycer- 
ine, dualin,  or  any  explosive  oils  or  compounds,  within  the.  cor- 
porate limits  of  the  city  of  New  York,  except  in  the  quantities 
limited,  in  the  manner,  and  upon  the  conditions  herein  pro- 
vided, and  under  such  regulations  as  the  board  of  fire  commis- 
sioners shall  prescribe  ;  and  said  board  shall  make  suitable  pro- 
vision for  tire  storage  and  safe-keeping  of  gunpowder  and  other 
dangerous  and  explosive  compounds  or  articles  enumerated  un- 
der this  title,  beyond  the  interior  line  of  low  water-mark  in  the 
city  and  county  of  New  York.  The  said  board  may  is*sue  licenses 
to  persons  desiring  to  sell  gunpowder  or  any  of  the  articles  men- 
tioned under  this  section  at  retail,  at  a  particular  place  in  said 
city  to  be  named  in  said  license  (provided  that  the  same  shall 
not  be  in  a  building  used  in  any  part  thereof  as  a  dwelling,  un- 
less specially  authorized  by  said  license),  and  persons  so  licensed 
may  have  on  their  premises,  if  actually  kept  for  sale,  a  quan- 


KXI'LOSIV K  AND  COMBUSTIBLE  MATERIALS. 


163 


tity,  not  exceeding  al  any  one  time,  of  nitroglycerine,  live  Qwutj 
pounds ;  of  gun-cotton,  five  pounds;  of  gunpowder,  fourteen 
pounds  ;  blasting  powder,  twenty-five  pounds;  and/all  of  said 
articles  shall  be  put  up  in  tight  metallic  canisters,  containing,  or 
capable  of  containing,  not  more  than  one  pound  each  ;  and  the 
persons  so  licensed  shall  place  on  some  conspicuous  part  of  the 
front  of  each  of  t  he  stores  or  buildings  in  which  they  may  be 
licensed  to  sell  powder,  or  any  of  the  articles  named  under  this 
section,  a  sign,  on  width  shall  be  distinctly  printed,  in  characters 

legible  to  persons  passing  such  stores  or  buildings,  the  words 
'•  licensed  to  sell  gunpowder,"  or  designating  such  other  of  the 
articles  herein  named  as  is  there  offered  for  sale;  and  every 
barrel,  cask,  canister,  bottle,  can,  vessel,  box  or  parcel,  in 
which  the  same  is  sold,  or  into  which  the  same  is  delivered  on 
being  sold,  shall  be  distinctly  labeled  with  a  printed  sign  or  label,  Ho*  labeled, 
printed  upon  or  firmly  affixed  thereto,  describing  the  article 
contained  therein,  with  the  word, " danger"  distinctly  painted 
below  the  same.  No  nitro-glycerine,  dualin,  or  gunpowder  shall  ^^SSSwted 
be  manufactured  in  said  city,  and  no  quantities  of  nitro-glycer- 
ine, dualin,  or  gunpowder  greater  than  above  provided  shall  be 
kept,  carried,  or  conveyed  within  said  city  :  except  that  for  the  ,jf 
purposes  of  distribution  to  or  delivery  from  stores  and  buildings 
in  said  city,  a  quantity  not  more  than  live  quarter  casks  may  be 
carried  at  any  one  time,  during  the  daytime,  for  the  purpose  of 
transportation  from  any  vessel,  or  sending  the  same  to  said 
stores  or  buildings,  or  any  vessel  or  place  without,  said  city  ; 
provided,  that  in  the  carrying  or  conveying  the  same  it  shall  be 
protected  by  being  completely  and  securely  covered  with  a 
leather  or  canvas  cover  or  case,  and  marked  "gunpowder." 


in  citj 


Transportation 


Notice  -if  an  iv- 


The  commander,  owner  or  owners  of  any  ship  or  other  vessel  p^r.^u''.,.,, 
arriving  in  the  harbor  of  Xew  York,  and  having  more  than  '''' 
twenty-eight  pounds  of  gunpowder,  dualin,  or  nitro-glycerine 
on  board,  shall,  within  forty-eight  hours  after  the  arrival,  and 
before  such  ship  or  vessel  shall  approach  nearer  than  three  bun- 
dled yards  of  any  wharf,  pier,  or  slip,  to  the  southward  of  a  line 
drawn  through  the  centre  of  Seventy-third  street,  immediately 
give  written  notice  to  the  said  board  of  the  fact  that  such  pow- 
der or  nitro-glycerine  is  on  such  vessel  ;  but  it  shall  be  lawful 
either  to  proceed  with  such  ship  or  vessel  to  sea.  within  forty- 
eight  hours  after  her  arrival,  or  to  tranship  such  gunpowder, 
dualin,  or  nitro-glycerine  from  one  ship  or  vessel  to  another,  for 
the  purpose  of  immediate  transportation,  without  landing  the 
same  ;  provided,  however,  that  the  provisions  of  this  section 
shall  not  apply  to  any  vessel  receiving  gunpowder  on  freight  oil 
any  one  day,  provided  such  vessel  do  not  remain  at  any  wharf 
of  the  said  city,  or  be  within  three  hundred  yards  thereof,  after 


KX  PLOSIVE    AND  COMP.CS'l  llil.K  .M  ATERIALS. 


»rtTrtc'u"  sunset.    All  gunpowder,  gun-cotton,  blasting  powder,  dunlin, 

Ho"hVp-nf''b    nitroglycerine,  or  other  explosive  compound,  found  in  violation 

of  this  section,  shall  be  forthwith  seized  and  safely  stored,  and 

he  sold,  upon  three  days'  notiee  to  the  owner  or  claimant  ;  and 

Hie  proceeds  of  such  sale,  after  deducting  all  expenses,  shall  be 

forfeited  and  paid  over  to  and  for  the  use  and  benefit  of  the 

relief  fund  of  the  lire  department  in  the  city  of  New  York. 

Nothing  contained  in  this  section  shall  he  construed  fco  apply  to 

any  ship  or  vessel  of  war  in  the  service,  of  the  United  States  or 

of  any  foreign  government,  while  lying  distant  three  hundred 

iTovihion not  yards  or  upwards  from  the  wharves,  piers,  or  slips  of  the  said 
to  apply  to  vet     .  r     ~  « 

Bels  of  war.  city. 

comp^MR8, ^       8  '*'J('1  N «j  fireworks,  detonating  works,  cartridges,  powder 

Manufacture  train,  percussion  caps,  collodion,  nitrate  of  soda,  nitrate  of  sil- 
and  keeping  of  * 

OraworlB,        ver.  ether,  phosphorus,  matches,  or  explo-aw  compounds  shall 

chemicals,  etc.  .         .      ,  -  ,  . 

lvrinit  tii.i.-    hereafterh  '  manufactured,  si  ri  e  l,  or  k"p!  up  m  sale  in  the  city. 

boring  of  Are-  except  at  such  places,  in  such  manner,  and  in  such  quantities  as 

Buthorizt'"'"  shall  he  determined  hy  the  said  hoard  in  the-  exercise  of  their  dis- 
cretion, imder  a  permit  by  them  granted  therefor,  and  subject 
to  be  revoked  at  any  time  by  said  board.  Fireworks,  consisting 
of  Chinese  crackers,  rockets,  blue-lights,  candles,  colored  pots, 
lance-wheels,  and  other  works  of  brilliant-colored  fires,  may  he 
kept  upon  sale  intervening  the  tenth  day  of  .June  and  the  tenth 
day  of  July  in  each  year,  by  retail  dealers,  under  such  reasona- 
ble regulations  as  said  board  may  prescribe,  under  a  permit 

acids.  M  issued  therefor  ;  and  no  quantity  of  the  following-named  chemi- 
cals, acids  and  combustible  materials  greater  than  as  hereinafter 
enumerated,  shall  be  stored  or  kept  in  or  upon  any  one  building 
within  the  city,  namely:  sulphur,  one  thousand  pounds  ;  manu- 
factured matches,  five  hundred  pounds  ;  saltpetre,  nitrate  of 
soda,  five  hundred  pounds  in  the  whole  ;  nitrate  of  silver,  collo- 
dion, ether,  phosphorus,  fifty  pounds  in  the  whole  ;  cartridges, 
percussion  caps,  powder  train,  one  hundred  pounds  in  the 
whole  ;  aqua  fortis,  muriatic  acid,  nitric  acid  and  sulphuric  acid, 

Tar,  .pitch,  tm  not  exceeding  one  thousand  pounds  in  the  whole;  tar.  pitch, 

pontine,  etc.  .  .  1  7  ?    j.  j 

rosin,  turpentine,  one  hundred  barrels  in  the  whole,  except  the 
same  shall  be  stored  and  kept  in  such  building  and  manner  as 
said  commissioners  may  require,  under  a  special  permit  by  them 
issued  therefor. 

1871,  ch.  r«,  h      §  457.  No  person  shall  have,  keep  upon  sale,  or  store  in  any 
Crudepetro-     pktee  or  building  within  the  corporate  limits  of  the  city,  any 
leum  and  coai    crU(]e  petroleum,  coal,  or  any  similar  oil,  nor  any  of  their  pro- 
ducts, either  of  which  shall  emit  an  inflammable  vapor  at  a 
temperature  below  one  hundred  degrees  of  Fahrenheit,  except 
under  the  following  provisions  :  or  any  of  their  products  may  be 
f0rirehou"e!i     stored  in  detached  and  properly  ventilated  warehouses,  the  outer 


KKl'l.oSlVK  AM)  ('o.MBl'STIBLK  MATERIALS. 


Walls  of  which  shall  he  stone,  brick  <>r  iron"  especially  adapted 
COT  the  purpose,  by  having  raised  sills,  at  least  two  feet  high,  or 
the  ground  floor  of  which  shall  heat  least  two  feet  helo'w  the  level 
of  street  or  adjoining  yard,  or  so  constructed  ;is  to  actually  pre- 
vent tho  overflow  of  such  substances  beyond  the  premises  where 
the  same  may  be  kept  or  stored;  which  said  warehouses  shall 
not  be  occupied  in  any  part  as  a  dwelling  ;  ami  if  less  than  fifty 
feet  from  any  adjacent  dwelling  the  same  must  be  separated  by  a 
brick  or  stone  wall  at  least  ten  feet  in  height  and  sixteen  inches 
thick,  constructed  in  such  manner  as  said  commissioners  m;i\ 
prescribe,  but  the  same  may  be  stored  in  such  other  manner  as 
said  commissioners  may  designate  under  a  special  permit  issued 
therefor.    No  refined  petroleum,  kerosene,  coal,  or  similar  oil,  keJosenTetc. 
or  earth  or  rock  oil,  or  machinery  oil,  or  any  product  thereof  to  '^fvvJlnp  V. 
be  used  for  illuminating  or  heating  purposes  which  shall  emit  an 
inflammable  vapor  at  a  temperature  below  one  hundred  degrees 
Fahrenheit,  shall  he  kept  upon  sale  or  stored  within  the  corporate 
limits  of  the  city.    All  said  articles  shall  be  tested  and  their 
quality,  determined  by  sanitary  surveyors  authorized  by  said 
commissioners,  using  G.  Tagliabue's  instruments,  or  such  other  Bovs  "'s,e'1 
instruments  as  may  be  designated  by  said  commissioners,  the 
barrels  or  packages  containing  the  same  to  be  legibly  stamped 
or  ma  i  ked  with  said  inspector's  official  stamp  or  mark.    No  Xumber  of  bftr. 
refined  petroleum,  kerosene,  gasoline,  naphtha,  or  benzine,  ben-  ^a°rf-  above 
zole,  .camphene,  or  burning  fluid,  or  products  or  compounds  con- 
taining any  of  said  substances,  when  temporarily  placed  above 
the  cellar  or  basement  of  any  building,  and  in  barrels  of  not 
over  forty-five  gallons  each,  or  in  metallic  vessels  or  tanks,  shall 
exceed  in  the  whole  quantity  the  contents  of  fifty  of  said  bar- 
rels, provided,  however,  that  the  whole  quantity  of  said  refined 
oils  that  may  be  so  kept  or  stored  over  night  shall  not  exceed 
the  contents  of  ten  of  said  barrels,  unless  stored  in  the  manner 
provided  for  storing  crude  petroleum  ;  and  when  stored  in  cellai-s 
or  basements,  surrounded  by  walls  of  brick  or  stone,  and  at 
least  two  feet  below  the  level  or  grade  of  the  sidewalk,  street,  or 
land  adjacent,  the  whole  quantity  shall  not  exceed  tho  contents  cenmfe 
of  one  hundred  and  fifty  barrels,  unless  stored  in  warehouses 
specially  adapted  for  that  purpose,  as"  required  for  the  storage  of 
crude  petroleum  under  this  section  ;  provided,  also,  that  no 
quantity  of  said  oils  greater  than  one  barrel  shall  be  stored  or 
kept  in  any  building  occupied  in  any  part  thereof  as  a  dwelling. 
Xo  refined  petroleum,  kerosene,  gasoline,  naphtha,  benzine,  ben-  U)OT(,  ana 
zole,  camphene,  burning  fluid,  or  products  or  compounds  con-   °°r' Umtted 
taining  any  of  said  substances,  shall  be  kept  or  stored  on  or 
itbove  the  first  story  or  floor  of  any  building,  exceeding  in  the 
whole  quantity  the  contents  of  five  barrels,  of  forty  gallon^  each. 


KXI'LOSIVK  AND  COMI5I  STIHLK  MATERIALS. 


( 'ortlng,  band 
ling  bso  trans- 
porting. 


Permits  for 
storage  in 
proof  build 

lll(.'S.  <'!<•. 


71,  eh. ;  IS 
mip.  80 L 


Licenses, 
1871,  ch.  :>ki.  |i, 
( tomp.  417, 


To  lie  posted  in 
st.iri' 


Penalty  fur 

selling  Without. 


1871,  <  li.  742,  H 


Liability  in 
action  for 
damages. 


Ill  no  case  sliall  any  of  tli(!  articles  named  in  this  section  Ik; 
allowed  to  remain  on  the  sidewalk  beyond  the  front  line  of  any 
building,  or  in  or  upon  the  streets,  docks,  piers,  bulkheads,  Blips, 
highways,  or  public  places  a  longer  time  than  is  actually  neces- 
sary for  the  removal  or  loading  of  the  same,  and  said  commis- 
sioners  may  establish  and  enforce  general  regulations  and  issue 
8Ueh  orders  and  special  directions  relative  to  the  handling,  light- 
ering, carting,  loading,  unloading,  ami  transportation  of  the 
several  articles  named  under  this  section,  as  in  their  discretion 
shall  be  deemed  necessary  for  the  public  protection,  and  said 
commissioners  may  issue  special  permits  authorizing  the  keep- 
ing of  any  of  the  articles  enumerated  tmder  this  sort  ion  in  build- 
ings, tanks,  or  structures  lire-proof  throughout, in  SUCfa  quanti- 
ties, in  such  manner,  and  subject  to  such  regulations  ;is  shall 
tend  to  secure  the  same  against  danger. 

5?  458.  No  person  shall  sell  at  retail,  or  give  away,  any  kero- 
sene or  other  product  of  petroleum,  or  any  similar  oil,  to  be  used 
for  heating  or  illuminating  purposes,  without  first  obtaining  a 
license  therefor  from  the  said  commissioners,  to  be  issued  with 
the  consent  of  the  mayor,  under  such  rules  and  regulations  as 
they  may  prescribe,  which  license  shall  be  for  the  term  of  one 
year,  and  shall  not  be  transferable  :  and  for  every  such  license, 
and  for  every,  renewal  of  the  same,  the  said  commissioners  shall 
demand  and  receive  the  sum  of  ten  dollars.  Said  license  shall 
be  posted  in  a  conspicuous  place  in  the  store  of  the  person  or 
persons  to  whom  the  same;  is  issued,  and  may  be  revoked  for 
cause  by  said  commissioners.  Any  person  who  shall  sell  any  of 
the  compounds  above  mentioned  in  this  or  the  last  section 
without  first  obtaining  a  license  therefor,  shall  forfeit  and  pay 
the  sum  of  twenty-five  dollars. 

§  459.  In  case  any  person  is  burned  by  the  explosion  of  any 
compound,  the  sale  of  which  is  prohibited  by  any  section  of  this 
title,  or  has  not  been  subjected  to  sanitary  survey,  or  licensed  as 
therein  provided,  and  death  ensues  therefrom,  the  person  found 
guilty  of  selling  the  same  shall  be  deemed  guilty  of  a  felony, 
and,  upon  conviction,  sliall  be  punished  by  a  fine  of  not  less  than 
one  thousand  dollars,  nor  more  than  five  thousand  dollars,  or  by 
imprisonment  in  the  State  prison  for  a  term  not  less  than  one 
year  nor  more  than  five  years  ;  and  in  case  of  a  bodily  injury 
the  party  injured  may  maintain  an  action  for  damages  against 
the  party  violating  the  provisions  of  this  title.  And  any  dealer 
who  shall  present  and  deliver  for  sanitary  survey  a  sample  of  oil 
different  from  and  which  does  not  represent  the  quality  of  oil 
actually  kept  by  him  or  her  for  sale,  and  not  taken  from  the  ac- 
tual stock  being  offered  for  sale,  and  of  the  same  quality  there- 
with, shall  forfeit  and  pay  the  additional  sum  of  fifty  dollars. 


EXPLOSIVE  AND  COMBUSTIBLE!  MATERIALS. 


167 


11'  anv  lire  insurance  company,  organized  under  lite  laws  of  tin's  PoUdMoovar 
-  i      "        ~  utfwu&ot  pro 

state,  or  any  insurance  company  of  any  other  state,  or  any  for.  p^J^001" 
eign  insurance  company  authorised  to  <l<>  the  business  of  insur- 
ance in  this  state,  Bbalj  indorse  upon  any  policy  issued  by  them 
the  eight  or  privilege  to  keep,  deal  in,  give  awa> .  -ell.  ex  use  an\ 
article  or  compound  of  a  combustible  or  explosive  character,  the 
Bale  of  which  is  made  unlawful  by  any  act  of  the  legislature  of 
this  state,  or  Bhall  cause  or  permit  such  indorsement  to  be  made 

by  others  upon  their  policies  of  insurance,  they  shall  for  each 

and  every  such  off ense  forfeit  and  pay  a  fine  of  five  hundred 

dollars.  • 

<j  4t!0.  It  shall  be  unlawful  for  the  owner.  Or  for  any  of  the  ^^Vf'1  >L 
officers,  employees,  orcrewof  anv  ship,  vessel,  canal  boat,  barge,  1  in- m-n^hi 

'  1  •  i  •  tit    vessels,  eti\. 

lighter,  boat  or  other  craft  lying  at  or  within  one  hundred  and  within iso tee\ 

-ii-iii-inii     of  places  where 

fifty  feet  of  any  warehouse,  yard.  shed,  dock,  pier,  lunkhead,  pefroteum u 
wharf,  or  other  place  within  the  county  of  New  York,  at,  in,  or 
on  which  petroleum  oil,  or  any  of  its  products,  is  stored,  or  kept 
for  export,  or  in  quantities  exceeding  ten  thousand  gallons;  or 
for  any  other  person  or  persons  to  bring,  keep,  have,  or  us5,  or 
sutler  or  permit  to  be  brought,  kept,  had  or  used  on  board  of  any 
such  ship,  vessel,  canal  boat,  barge,  lighter,  boat,  or  other  craft, 
or  at,  in,  or  on  any  such  warehouse,  shed,  yard,  dock,  pier,  bulk- 
head, wharf,  or  other  place,  any  lighted  match,  or  lighted  cigar, 
cigarette,  or  pipe,  or  any  tire  or  light  of  any  kind,  without,  or 
otherwise  than  in  strict  conformity  to  the  written  permission  of 
the  owner,  lessee,  or  superintendent  of  such  warehouse,  shed, 
yard,  dock,  pier,  bulkhead,  wharf,  or  other  place,  specifying  the 
fire  or  light  to  be  kept,  had  or  used,  the  particular  purpose  for. 
ami  the  place  or  spot  at  which  the  same  may  be  so  kept,  had  or 
used,  and  the  particular  manner  of  keeping,  having  or  using  the 
same.  This  section  shall  not  apply  to  steam  tugs  while  trans-  exceptions 
acting  their  ordinary  business,  nor  to  steam  fire  engines  engaged 
in  extinguishing  fires.  Every  violation  of  this  section  shall  be  a  Penalty. 
misdemeanor,  triable  before  the  court  of  special  sesssions. 

§461.  No  quantity  of  the  following  named  chemicals  and  i§m,cu.«s, 

.  .      ,  i>!>r>-">.  -v.'.  Oojttp 

combustible  materials  greater  than  is  hereinafter  enumerated 
shall  be  stored  or  kept  in,  or  upon  any  one  building  within  the  regardus™ 
city,  namely:  hemp  or  flax,  unbaled,  two  thousand  pounds  in  the 
whole;  varnish,  rosin,  twenty  barrels  in  the  whole;  alcohol,  pure 
spirits,  eamphene.  burning  fluid,  five  barrels  in  the  whole;  un- 
slacked  lime,  ten  barrels;  vitriol,  five  carboys  in  the  whole;  loose 
wood  shavings,  one  hundred  pounds;  except  the  same  shall  be 
stored  and  kept  upon  an  open  space  of  ground,  surrounded  by  a 
wall  constructed  entirely  of  fire-proof  materials,  at  least  twelve 
feet  high  and  twelve  inches  thick:  or  within  a  fire-proof  build- 


cliemienK 


EXAMINATION  OP  BUILDINGS, 


itJHl.  eta.  107,  SI. 
Storing  of 
more  thun 
twenty  toiiH 
of  hnv,  etc., 
prohibited, 
except  in  llr<'- 
proof  buildings, 
ate 


rjneo vered  hay, 
etc..  keeping  of 


18V1  cli.  742,  S9. 
Comp.  397. 
Ripht  to  enter 
stables,  vessels, 
etc. 


Deposit  of 
astaes. 


lf«6.ch.  S73,  §57, 
Comp.  407. 
Notice  to  re- 
move or  secure 
combustible 
materials 


ing  remote  or  distant  at  least  fifty  feet  from  any  adjacent  build 
ing. 

?j  462.  No  quantity  of  cotton,  bay,  straw,  flax,  hemp,  busks, 
rushes,  oakum,  rags,  sea  weed,  jute  or  other  vegetable  fiber  when 
pressed  or  baled,  greater  than  twenty  tons  in  the  whole,  shall  be 
stored  or  kept  in  any  building  within  fche  city  of  New  York,  un- 
less kept  in  a  building  (iie  proof  throughout,  or  upon  an  open 
space  of  ground  surrounded  by  a  wall  constructed  entirely  of 
lire-proof  materials,  at  least  twelve  feet  high  and  twelve  taebes 
thick,  or  within  a  fire  proof  building  remote  or  distant  at  least 
fifty  feet  from  any  adjacent  building,  or  in  a  building  approved 
by  the  New  York  board  of  underwriters  or  the  commissioners  of 
the  fire  department,  and  of  which  approval  a  certificate  shall 
have  been  issued  by  either  of  said  boards,  and  shall  not  have 
been  revoked;  and  none  of  the  articles  enumerated  in  this  section, 
when  loose  or  not  baled,  shall  be  kent  as  aforesaid  in  quantity 
exceeding  one  thousand  pounds  in  the  whole;  excepting  in  a 
private  stable,  in  which  may  be  kept  such  loose  hay  and  straw 
in  quantity  not  exceeding  twenty-five  hundred  pounds  in  the 
whole.  No  person  shall  have,  put  or  keep  any  hay  or  straw  un- 
covered in  any  stack  or  pile,  or  in  any  other  way  exposed,  with- 
in one  hundred  yards  of  any  building  in  said  city,  or  shall  have, 
put  or  keep  within  said  city  any  hay,  straw,  hemp,  flax,  shav- 
ings or  rushes  in  any  building  not  built  of  stone  or  brick  or  iron, 
or  covered  with  tile  or  slate  or  other  fire-proof  material,  which  is 
or  shall  be  within  ten  feet  of  any  dwelling-house  or  chimney 
whatsoever. 

403.  The  commissioners  and  their  officers  or  agents,  under 
the  direction  of  said  commissioners  or  either  of  them,  are  hereby 
empowered  at  any  and  all  times  to  enter  into  and  examine  all 
buildings,  dwelling-houses,  livery  and  other  stables,  hay-boats, 
or  vessels,  and  places  where  any  merchandise,  gunpowder,  hemp, 
flax,  tow,  hay,  rashes,  firewood,  boards,  shingles,  shavings,  or 
other  combustible  materials  may  be  lodged  for  the  purpose  of 
ascertaining  all  violations  of  any  of  the  provisions  of  this  title, 
and  also  the  places  where  ashes  may  be  deposited,  and  upon 
finding  that  any  of  them  are  defective  or  dangerous,  or  that  a 
violation  of  this  title  exists  therein,  may  deliver  a  written  or 
printed  notice,  containing  an  extract  from  this  title,  of  the  pro- 
visions in  reference  thereto,  and  notice  of  any  violation  thereof, 
and  notice  to  remove,  amend  or  secure  the  same  within  a 
period  to  be  fixed  therein.  And  in  case  of  neglect  or  refusal  on 
the  part  of  such  occupant  or  of  the  possessor  of.  such  combusti- 
ble materials,  or  any  of  them,  so  to  remove,  amend  or  secure  the 
same  within  the  time  and  in  the  manner  directed  by  the  said 
commissioners  in  such  notice,  the  party  offending  shall  forfeit 


INVESTIGATION    OF  OKIOIN  OK  ITUKs. 


It','.  I 


and  pay,  in  addition  to  any  penalty  otherwise  imposed,  the  sum 
of  twenty-five  dollars,  and  the  further  sum  of  five  dollars  for 
every  day's  neglect  to  remove,  amend  or  secure  t  he  same  after 
being  so  notified.   All  the  expenses  of  any  removal,  alteration  comp/w 

or  aiiH'iiiliiicnl  as  aforesaid,  shall  he  paid  in  the  first  instance  hy  SJmtoot01 
the  occupant,  hut  shall  be  chargeable  against  t  he  owner  of  such 
dwelling-house  or  other  building,  and  shall  be  deducted  from  tin 
rent  of  the  same  unless  such  expense  he  rendered  necessary  by 
the  act  or  default  of  such  occupant,  or  unless  there  he  a  special 
agreement  to  the  contrary  hetween  the  parties. 

§  464.  All  persons  or  corporations  who  shall  he  required  to  omp.Vrl*' *°' 
have  and  obtain  permits  shall  furnish  such  information  as  may 
he  required,  touching  the  condition  of  any  building  and  the  busi- 
ness therein  proposed  to  be  conducted,  preliminary  to  obtaining 
such  permits. 

§  465.  Any  person,  persons,  or  corporation,  for*  the  violation  c^ip"'^^11 
of,  or  non-compliance  with,  anv  of  the  several  provisions  of  the  >•';»>  fnum.-mt 

'  1  *  1  ed  fines  ami 

several  sections  of  this  title,  when  the  penalty  is  not  therein  penalties, 
spatially  provided,  shall  severally  forfeit  and  pay  a  fine  or  pen- 
alty in  the  sum  of  fifty  dollars  for  each  and  every  offense,  or 
shall  forfeit  and  pay  the  penalties  respectively  imposed  under 
any  of  said  sections,  and  shall  also  be  severally  liable  for  the 
removal,  amendment,  or  abatement  of  any  violation  of,  or  non- 
compliance with,  any  requirement  under  said  sections,  and  shall 
also  he  severally  liable  for  the  payment  of  the  further  penalty  of 
the  sum  of  fifty  dollars  for  any  violation  of,  or  non-compliance 
with,  any  regulation,  order  or  special  direction  issued  by  said 
commissioners,  as  authorized  under  this  chapter.    Said  commis- 
sioners may,  in  their  discretion,  pay  a  portion  of  a  fine,  or  pen-  Part  may  be 
alty,  when  collected,  not  to  exceed  one-half  thereof,  to  an  in-  Informer, 
former. 

Title  4. — Fire  Marshal  and  Investiyation  of  Origin  of  Fires. 

§  466.  Said  board  of  fire  commissioners  are  hereby  authorized  §io)  combos, 
and  empowered    to   investigate,  examine,  and  inquire  into  investigations 

r  °       '  •  .  as  to  fires  and 

the  origin,  details,  and  management  of  fires  in  said  cit  y,  and  violations  of 

"     '  '  °  J  '  regulations. 

also  of  any  supposed  cases  of  violations  of  any  of  the  provisions  ton.  y. 487. 
of  this  chapter,  or  of  any  of  the  several  regulations,  orders,  or 
special  directions  issued  by  said  board  for  the  purpose  of  the  dis-  hooS' 
covery  of  any  delinquency  in  the  non-performance  of  duty  or  1>apere' 
violation  of  discipline  on  the  part  of  any  officer,  agent,  or  em- 
ployee of  said  hoard,  or  any  supposed  cases  of  arson  or  incen- 
diarism, which  may  be  brought  to  their  notice;  and  said  board,  in 
and  about  any  examination,  investigation  or  inquiry,  authorized 
hereby,  touching  any  matter  or  thing  therewith  connected,  may 
subpama  and  compel  the  attendance  of  any  person  or  persons: 


170 


INVESTIGATION  OP  ORIGIN  OF  FIRE 


aild  the  production  of  any  books,  papers,  archives,  or  documents 
in  his  or  their  possession,  or  under  Ins  or  their  control,  in  the 
judgment  of  said  hoard,  connected  with  and  neces-aiy  to  sm  li 
examination,  investigation,  or  inquiry,  before  them,  at  the 
time  and  place  therein   named:  and  fur  the  purpose  aforesaid. 

Subpnmiu  their  attorney  may  at  any  time ohtain  to  he  issued  subpo-nasout 
of  the  supreme  court,  tested  under  the  name  of  a  justice  of 
said  court,  in  like  form  and  with  like  effect  as  though  issued  by 
said  justice  in  any  action  pending  in  a  COUTt  of  record:  and  said 
subpu'ita  may  l>e  served,  and  proof  of  such  service  may  he  made, 
in  the  same  manner  as  now  hy  law  provided  for  the  service  of 
SUbpo'iias  out  of  the  said  court;  and  upon  proof  of  service  and 

peniiitj        proof  of  non-compliance,  failure  to  attend  and  testify  on  the 

part  of  any  person  or  persons,  as  required  hy  said  suhprena,  or  a 
failure  or  refusal  on  the  part  of  any  person  or  persons  to  pro 
duce  any  -urn  hooks,  papers,  archives  or  documents  in  his  or 
their  possession,  or* under  his  or  their  control,  or  a  failure  or  re- 
fusal on  his  or  their  part  to  answer  any  question  put  to  him  or 
them,  and  pertinent  thereto,  upon  any  examination,  inquiry  or 
investigation  as  aforesaid,  application  may  he  made  hefore  any 
justice  of  said  court,  who  shall,  in  rase  he  shall  decide  such 
question  pertinent  and  proper  to  he  answered,  thereupon  cause 
to  he  arrested,  and  may  punish  as  for  a  contempt  of  the  orders 
of  said  court,  the  person  or  persons  named  in  said  suhpcena,  and 
in  such  case  the  laws,  rules,  and  proceedings  relating  to  punish 
ments  for  contempts,  and  usual  in  said  court,  or  before  any  jus 

0atns  t  ice  thereof,  shall  he  applicable]thereto.    Said  commissioners,  in 

conducting  any  examination  or  inquiry  as  aforesaid,  are  hereby 
authorized  to  administer  any  oath  or  affirmation  in  the  matter, 
and  any  false  swearing  under  said  oath  or  affirmation  thus  ad- 
ministered shall  be  perjury,  and  punishable  as  such  in  such  man- 
ner as  now  provided  under  the  laws  applicable  thereto:  and  said 
examination  or  investigation  may  he  continued  and  adjourned 
by  the  said  commissioners  conducting  the  same,  from  time  to 
time,  and  at  such  time  and  place  as  shall  be  designated,  and  any 
person  subpoenaed  as  aforesaid  shall  attend  and  testify  upon 
said  adjourned  day  or  days,  and  at  the  time  and  place  desig- 
nated, and  of  which  they  shall  have  been  notified,  as  though  the 
same  had  been  named  in  said  subpoena,  and  with  like  effect 
as  to  any  failure  to  appear  and  answer  under  the  requirements 

Testimony.  therein  contained;  provided,  that  any  testimony  or  evidence 
taken  as  aforesaid  shall  be  for  the  information  and  instruction  of 
said  board  in  the  discharge  of  their  duties,  and  in  the  prevention 

to  he  °£  future  fires,  and  the  protection  of  property,  and  shall  be  care- 

fully kept  in  the  archives  and  possession  of  said  board,  and  shall 
•  in  no  manner  he  used  in  any  criminal  proceeding  or  action,  but 


DUTIES  OP  FIRE  M  U.'sil  \l. 


171 


may  be  placed  before  any  grand  jury  in  said  <  ily  or  county  of 
New  York. 

vj  407.  It  shall  be  the  duty  of  the  fire  marshal,  or  his  officers       ,  i,  ,-,m.  »  :. 
and  agents,  when  authorized  by  him  in  writing  so  to  do,  to  eiremanhai 
enter  Into  any  building  or  premises  within  said  city  for  tho  pin-  ... 
pose  of  examining,  or  causing  to  he  examined,  the  stoves  and 
pipes  theveto,  ranges,  furnaces,  and  heating  apparatus  of  every 
kind  whatsoever,  including  the  chimneys,  flues,  and  pipes  with 
which  the  same  may  he  connected,  engine  rooms,  boilers,  ovens, 
kettles,  and  also  all  chemical  apparatus,  or  other  things  which 
in  his  opinion  may  he  dangerous  in  causing  or  promoting  tires,  or 
dangerous  to  the  firemen  or  occupants  in  case  of  fire;  and  upon 
finding  any  of  them  defective  or  dangerous,  or  in  any  manner 
exposed  or  liable  to  tire  from  any  cause,  he  shall  report  the  same  i'.'.'.'I'.'."/"''^- 
to  the  hoard,  who  may  thereupon  issue  orders  or  special  direc-  geeis^hlsac, 
tions,  either  printed  or  written,  directing  the  owner  or  occupant  Fire  marshal  to 
to  alter,  remove,  or  remedy  the  same  in  such  manner  and  with   "-i^'',:^' ''„' 
in  such  Reasonable  time  as  may  be  necessary,  and  in  respect 
thereto  may  authorize  and  direct  the  use  of  such  materials  and 
appliances  as  shall  be  deemed  proper  and  necessary;  and  in  case 
of  neglect  or  refusal  so  to  do  within  the  time  prescribed  by  such 
orders  or  directions,  the  fire  marshal,  under  the  direction  of  said 
board  shall  cause  such  alteration,  removal,  or  other  necessary 
act  or  work  to  be  done,  and  the  expense  thereof  shall  be  charged 
to  the  party  so  offending,  to  be  sued  for  and  recovered  in  the 
manner  herein  provided  for  the  recovery  of  fines  and  penalties 
under  this  chapter. 

>i  40S.  It  shall  be  the  duty  of  the  fire' marshal  to.  examine  i868,cb  sea 
into  the  cause,  circumstances  and  origin  of  fires  occurring  in  F1^'mflr8hai  to 
said  city,  by  which  any  building,  vessels,  vehicles,  or  any  vain-  "X!"'.!"'Mr. ». 
able  personal  property  shall  be  accidentally  or  unlawfully 
burned,  destroyed,  lost,  or  damaged,  wholly  or  partially;  and  to 
especially  inquire  and  examine  whether  the  fire  was  the  result 
of  carelessness  or  the  act  of  an  incendiary.    The  fire  marshal  stay  take  testi- 

-  ,,  inonv  and  bud- 

shall  take  the  "testimony,  on  oath,  of  all  persons  supposed  to  be  ^tm^orts  ln 
cognizant  of  any  fact,  or  to  have  means  of  knowledge  in  rela- 
tion to  the  matters  herein  required  to  he  examined  and  inquired 
into,  and  cause  the  same  to  be  reduced  to  writing,  verified  and 
transmitted  to  the  board  with  his  report  in  writing,  embodying 
his  opinion  and  conclusions  in  relation  to  the  matter  investi- 
gated.   The  fire  marshal  shall  report  in  writing  to  the  fire  de-  T,)ffhomre. 
partment,  to  the  board  of  police,  to  the  district  attorney,  to  the  nSae.tob" 
New  York  board  of  fire  underwriters,  to  the  owners  of  property, 
or  other  persons  interested  in  the  subject-matter  of  investiga- 
tion, any  facts  and  circumstances  which  he  may  have  ascer- 
tained by  such  inquiries  and  investigations  which  shall,  in  his 


172 


DUTIES  OF  FIRE  MARSHAL 


May  anest  per- 

son's  In  CUM  Of 

suspected 

til-son 


1808,  ch.  503,  p, 
Comp.  '118 
May  compel 
attendance  of 
witnesses 


Order  to  arrest 
witnesses  re- 
fusing to  an- 
swer sub- 
poenas. 


.Marshal  may 
enter  and  ex 
amine  build- 
ings. 


Id.  §0,  Comp. 
417. 

Fire  comjmis- 
sioners  may 
supervise  inves- 
tigations by 
marshal. 
See  1873.  oh. 
335.  §76. 


(•pinion,  require  attention  from  or  by  either  of  said  boards,  otfti 
cers  or  persons;  and  it  shall  he  the  duty  of  the  fire  marshal 
whenever  he  shall  be  of  opinion  that  there  is  evidence  sufficient 
to  (  barge  any  person  with  the  Crime  of  arson,  to  cause  such  per- 
son to  bo  arrested  and  charged  with  such  offense,  and  furnish  to 
the  district  attorney  all  the  evidences  of  guilt,  with  the  names  of 
witnesses,  and  all  the  information  obtained  by  him,  including  a 
copy  of  all  pertinent  and  material  testimony  taken  in  the  case; 
and  he  shall  specially  report  to  the  board,  as  often  as  such  board 
shall  require,  his  proceedings,  and  the  progress  made  in  all  pros- 
ecutions for  arson,  and  the  result  of  all  cases  which  are  finally 
disposed  of. 

>j  469.  The  fire  marshal  shall  have  power  to  issue  a  notice,  in 
the  nature  of  a  subpoena,  in  such  form  and  subscribed  in  such 
manner,  as  the  board  of  fire  commissioners  shall  prescribe,  to 
compel  the  attendance  of  any  person  as  a  witness  before  him. 
to  testify  in  ivlati<fn  to  any  matter  which  is,  by  the  provisions 
of  this  title,  a  subject  of  inquiry  and  investigation  by  the  said 
marshal.  The  said  marshal  shall  be,  and  is  hereby  authorized 
to  administer  and  verify  oaths  and  affirmations  to  persons  ap- 
pearing as  witnesses  before  him;  and  false  swearing  in  any 
matter  or  proceeding  aforesaid,  shall  be  deemed  perjury,  and 
shall  be  punishable  as  such.  Upon  the  presentation  of  satisfac- 
tory proof  of  due  service  of  any  such  notice,  in  the  nature  of  a 
subpoena,  upon  any  such  witness,  and  of  a  .failure  by  such 
witness  to  obey  the  same,  it  shall  be  the  duty  of  the  board  of 
fire  commissioners  to  make  an  order  that  the  said  witness  be  ar- 
rested and  brought  before  the  said  marshal,  to  testify  what  such 
witness  may  know  in  relation  to  the  subject-matter  of  inquiry. 
Such  order  may  be  executed  by  any  member  of  the  police  force, 
by  arresting  and  bringing  such  witness  before  the  said  marshal, 
but  such  witness  shall  not  be  detained  longer  than  is  necessary 
to  take  such  testimony.  The  fire  marshal  shall  have  authority 
at  all  times  of  the  day  or  night,  in  performance  of  the  duties 
imposed  by  the  provisions  of  this  title,  to  enter  upon  and  ex- 
amine any  building  or  premises,  when  any  fire  shall  have  oc- 
curred, and  the  buildings  and  premises  adjoining  and  near  to 
that  in  which  the  lire  occurred. 

§  470.  It  shall  be  the  duty  of  the  board  of  fire  commissioners 
to  supervise  and  direct,  whenever  they  shall  be  of  opinion 
that  the  public  interest  will  be  subserved  thereby,  the  investiga- 
tions, examinations  and  proceedings  of  said  marshal,  and  make 
all  needful  and  proper  rules  and  regulations  in  relation  to  the 
duties  of  the  office,  and  the  manner  of  performing  the  same. 


(  onstul* tio.n  or  in  ii.mnov 


LY3 


Title  5. — Construction  of  Buildings. 
5j  -A 7 1 .  No  wall,  structure,  building,  part  or  parts  thereof,  r;i  ;  ' 

o  '  '  «'    1  *  '    (Jump.  (BB, 

shall  hereafter  he  built,  constructed,  altered,  <>r  repaired  ill  BulldliwUmMi 
said  eity,  except  in  conformity  with  tho  provisions  of  this  title,  etty. 

§472.  AH  buildings  hereafter  erected  within  said  <  it y,  other  niiun, m 
than  frame  or  wooden  buildings,  shall  have  all  walls,  whether 
the  same  be  outside  or  party  walls,  constructed  of  stone,  brick, 
or  iron,  properly  bonded  and  solidly  put  together,  and  all  such 
walls  shall  bo  built  to  a  line,  and  be  carried  up  plumb  and  u*** 
straight,  with  close  joints;  and  the  several  component  parts  of 
such  buildings  shall  be  built  and  constructed  in  such  manner  as  . 
herein  provided. 

"  §473.  All  foundation  walls  shall  be  laid  not  less  than  four  id.fa. 
feet  below  the  surface  of  the  earth,  on  a  good,  solid  button i,  and 
in  case  the  nature  of  the  earth  should  require  it,  a  bottom  of 
driven  piles,  or  laid  timber  of  sufficient  size  and  thickness,  shall 
be  laid  to  prevent  the  walls  from  settling,  the  top  of  such  pile  or 
timber  bottom  to  be  driven  or  laid  below  the  water  line;  and  all 
piers,  columns,  posts  or  pillars  resting  on  the  earth,  shall  be  set 
upon   a  bottom  in  the  same  manner  as  the  foundation  Avails. 
Whenever  in  any  case  the  foundation  wall  or  walls  of  any  build- 
ing that  may  hereafter  be  erected,  shall  be  placed  on  a  rock 
bottom,  the  said  rock  shall  be  graded  off  level  to  receive  the 
same.    All  excavations  upon  the  front  or  side  of  any  lot  adjoin- 
ing a  street  shall  he  properly  guarded  and  protected  by  the  per-  Foundation 
son  or  persons  having  charge  of  the  same,  so  as  to  prevent  the,  waiisou  rock 
same  from  being  or  becoming  dangerous  to  life  or  limb;  when-  Exclvntions. 
ever  there  shaM  be  any  excavation,  either  of  earth  or  rock,  upon  ivotecthmoi 

"  ■  '  1        party  wail 

any  lot  or  piece  of  land  in  the  city  of  New  York,  and  there  shall 
be  any  party  or  other  wall  Avholly  or  partly  on  adjoining  land 
and  standing  upon  or  near  the  boundary  line  of  said  lot,  if  the 
person  or  persons  whose  duty  it  shall  he.  under  existing  laws,  to 
preserve  and  protect  said  wall  from  injury,  shall  neglect  or  fail 
so  to  do,  after  having  had  a  notice  of  twenty-four  hours  from 
the  fire  department  so  to  do,  the  said  department  may  enter 
upon  the  premises,  and  employ  such  labor  and  take  such  steps  ' 
as  in  its  judgment  may  be  necessary  to  make  the  same  safe  and 
secure,  or  to  prevent  the  same  from  becoming  unsafe  or  danger- 
ous, at  the  expense  of  the  person  or  persons  owning  said  wall  or 
building  of  which  it  may  be  a  part,  and  any  person  or  persons  • 
doing  the  said  work,  or  any  part  thereof,  under  and  by  direction 
of  the  said  department,  may  bring  and  maintain  an  action 
against  the  owner  or  owners,  or  any  one  of  them,  of  the  said 
wall  or  building  of  which  it  may  be  a  part,  for  any  work  done 
or  materials  furnished  in  and  about  the  said  premises,  in  the 


17! 


CONSTRUCTION  OF  B.UILDINOS. 


L85S,  ch.  0,  |], 
( lomp.  68®. 


( lompensal  m 
I  Abb.  (K.C.) 

N.Y.  380: 
72  Id,  307. 


ixn.  ch.  os 
i  '(ini|i  .v.*; 


i,  IK. 


Base  course 
footing. 


11,. w  1  •  ■  l  i  1 1 . 


b'ouutlal  ion 
walls 


W.  §5, 

as  amended 
1874.  ch.  54".  §1. 
Thickness  uf 
walls  for  ihvelT- 
ing-houses. 


game  manner  as  if  he  had  been  employed  to  do  tin-  said  w  ork  by 
the  said  owner  or  owners  of  the  said  premises. 

474.  Whenever  excavations,  for  building  or  other  purposes, 
Oil  any  lot  or  pioce  of  land  in  the  city  and  county  of  New  York, 
shall  be  intended  to  be  carried  to  the  depth  of  more  than  ten  feet 
below  tin-  curh,  and  there  sliall  be  any  party  or  other  wall, 
wholly  or  partly  on  adjoining  land  and  standing  upon  or  near 
tho  boundary  lines  of  such  lot,  the  person  causing  such  excava 
tions  to  be  made,  if  afforded  the  necessary  license  to  enter  on  the 
adjoining  land,  and  not  otherwise,  shall  at  all  times  from* the 
commencement  until  the  completion  of  such  excavations,  at  his 
own  expense,  preserve  such  wall  from  injury,  and  so  support  the 
same  by  a  proper  foundation  that  it  sliall  remain  as  stable  as  be- 
fore the  excavations  were  commenced. 

§  47.~>.  The  footing  or  base  course  Under  all  foundation  walls 
and  under  all  piers,  columns,  posts  or  pillars  resting  on  the 
earth,  shall  be  Of  stone  or  concrete,  and  if  under  a  foundation 
wall,  shall  be  at  least  twelve  inches  wider  than  the  bottom 
width  of  the  said  wall;  and  if  under  piers,  columns,  posts  or  pillars, 
shall  be  at  least  twelve  inches  wider  on  all  sides  than  the  bottom 
width  of  the  said  piers,  columns,  posts  or  pillars  and  not  less 
than  eighteen  inches  in  thickness:  and  if  built  of  stone  the 
stones  thereof  shall  be  not  less  than  two  by  tin ee  feet,  and  at 
least  eight  inches  in  thickness  :  and  all  base  stones  shall  be  well 
bedded  and  laid  edge  to  edge  ;  and  if  the  walls,  be  built  of  isola- 
fced  piers,  then  there  must  be  inverted  arches,  at  least  twelve 
inches  thick,  turned  under  and  between  the  piers,  or  two  foot- 
ing courses  of  large  stone,  at  least  ten  inches  thick  in  each 
course.  All  foundation  walls  shall  be  built  of  stone  or  brick  and 
shall  he  laid  in  cement  mortar,  and,  if  constructed  of  stone, 
shall  be  at  least  eight  inches  thicker  than  the  wall  next  above 
them  to  a  depth  of  sixteen  feet  helow  the  curh  level,  and  shall 
he  increased  four  inches  in  thickness  for  every  additional  five 
feet  in  depth  below  the  said  sixteen  feet  ;  and  if  built  of  brick, 
shall  ho  at  least  four  inches  thicker  than  the  wall  next  above 
them  to  a  depth  of  sixteen  feet  helow  the  curh  level,  and  shall 
he  increased  four  inches  in  thickness  for  every  additional  five 
feet  in  depth  below  the  said  sixteen  feet. 

476.  In  all  dwelling-houses  that  may  hereafter  be  erected 
not  more  than  fifty-five  feet  in  height,  the  walls  shall  not  be 
less  than  twelve  inches  thick,  and  if  above  fifty-five  feet  in 
height  and  not  more  than  eighty  feet  in  height,  the  outside  walls 
shall  not  be  less  than  sixteen  inches  thick  to  the  top  of  second 
story  floor  beams,  provided  the  same  is  twenty  feet  above  the 
curb  level,  and  if  not,  then  to  the  under  side  of  the  third  story 
beams,  and  also  provided  that  portion  of  the  wall 'that  is  twelve 


CONSTRl  OTION  OF  BUILDINGS. 


175 


inches  thick  shall  aol  exceed  forty  feet  above  the  said  sixteen- 
inch  wall:  and  in  every  dwelling-house  hereafter  erected  more 
than  eighty  feet  in  height,  tour  inches  shall  be  added  to  the 
thickness  of  the  wall  for  every  fifteen  feel  or  pari  thereof  thai 

is  added  to  the  height  of  the  building.    All  parly  walls  in  Partj 
dwellings  over  lifty-fivo  feet  in  height  shall  not  be  less  than  six- 
keen  inches  in  thickness. 

$477.  In  all  buildings  other   than   dwellings    hereafter  w.jo, 

*  0  i  «  «  IIS  J II 1 1<  ■  1 1  •  1 1  I 

rrected,  the  hearing  walls  shall  not  he  less  than  twelve  inches  I* 
thick  to  the  height  of  forty  feet  above  the  curb  level ;  if  forty 
feet  in  height  and  not  more  than  fifty-five  feet  in  height,  the 
hearing  walls  shall  n<>t  be  less  than  sixteen  inches  thick  :  if 
above  fifty-five  feet  and  not  more  than  seventy  feet  in  height, 
tho  hearing  walls  shall  not  be  less  than  twenty  inches  thick,  to 
I  he  height  of  twent  y  feet  above 'the  enrh  level  or  to  the  next  Beariu^wajia 
tier  of  floor  beams  above,  and  not  less  than  sixteen  inches  from 
thence  lo  the  height  of  fifty-five  feet  above  the  curb  level  or  to 
the  next  tier  of  floor  beams,  and  not  less  than  twelve  inches 
thick  from  thence  to  the  top  ;  and  if  above  seventy  feet  and  not 
more  than  eighty-five  feet  in  height,  the  hearing  walls  shall  not 
bo  less  than  twenty-four  inches  thick  to  the  height  of  twelve 
feet  above  the  curb  level  or  the  second  story  floor  beams,  and 
from  thence  to  the  height  of  sixty  feet  above  the  curb  level,  the 
said  walls  shall  not  be  less  than  twenty  inches  thick,  and  from 
theme  to  the  top  not  less  than  sixteen  inches  thick  ;  and  if 
above  the  height  of  eighty-five  feet,  the  bearing  walls  shall  be 
increased  four  inches  in  thickness  for  every  fifteen  feet,  or  part 
thereof,  that  shall  be  added  to  the  height  of  said  wall  above  the 
eighty-five  feet  .  In  all  buildings  over  twenty-five  feet  in  width, 
and  not  having  either  brick  partition  walls  or  girders  supported 
by  columns  running  from  front  to  rear,  the  walls  shall  be  in- 
creased an  additional  four  inches  in  thickness,  to  the  same  rela- 
tive thickness  in  height  as  required  under  this  section  for  every 
additional  ten  feet  in  width  of  said  building,  or  any  portion 
thereof.  It  is  understood  that  the  amount  of  materials  specified 
mav  be  used  either  in  piers  or  buttresses,  provided  the  outside  . 
walls  between  the  same  shall  in  no  case  be  less  than  twelve 
inches  in  thickness  to  the  height  of  forty  feet,  and  if  over  that 
height,  then  sixteen  inches  thick  ;  but  in  no  case  shall  a  party 
wall  between  the  piers  or  buttresses  of  [a  building  be  less  than 
sixteen  inches  in  thickness.  In  all  buildings  hereafter  erected, 
situated  on  the  street  corner,  the  bearing  wall  thereof  (that  is,  Buildings  on 
the  wall  on  the  street  upon  which  the  beams  rest)  shall  be  four 
inches  thicker  in  all  cases  than  is  otherwise  provided  for  in  this 
title.  All  walls  other  than  bearing  walls  may  be  four  inches 
Jess  in  thickness  than  reouired  in  the  clauses  ami  previsions  of 


170 


<  'OXSTHL'CTION  oF  llllLMNGS. 


1871,  ch.  oas,  sr 

llsnlMIMI'll'll 

1H74,  ch.  517.  $3 
Comp.  52H. 


Partition  "nils 
and  Rlrdcra. 


Isolated 
buildings. 


1871,  ch.  Ci">.  : 
Comp.  529. 


Altering  walls 
of  buildings, 
temporary  sup- 
ports. 


Biaces. 


this  section  above  set  forth,  provided  no  \v;ill  is  Less  than  twelve 
inches  in  thickness. 

?  47n  Every  building  ln-rear'tor  erected,  inoiethan  thirty  feel 
in  width,  except  churches,  theatres,  school-houses,  car  stable- 
and  other  public  buildings,  shall  have  one  or  more  stone  or  brick 
partition  walls  running  from  front  to  rear,  or  iron  or  wooden 
girders  supported  on  iron  or  w  ooden  columns  ;  these  walls  shall 
be  so  located  that  the  space  l>etvveeu  any  two  of  the  bearing 
walls  shall  not  he  over  twenty-five  feet.  In  case  iron  Or  wooden 
girders  supported  on  iron  or  wooden  columns  are  substituted  in 
place  of  the  partition  walls  the  huilding  may  be  seventy-five 
feet  in  width,  but  not  more ;  and  if  there  should  he  substituted 
iron  or  wooden  girders  supported  on  iron  or  wooden  columns,  in 
place  of  partition  walls,  they  shall  be  made  of  sufficient  strength 
to  bear  safely  the  weight  of  two  hundred  and  fifty  pounds  for 
every  square  foot  of  the  floor  or  floors  that  rest  upon  them,  ex- 
clusive  of  the  weight  of  material  employed  in  their  construction, 
and  shall  have  a  footing  course  and  foundation  wall  not  less  than 
sixteen  inches  in  thickness  with  inverted  arches  under  and  be- 
tween the  columns,  or  two  footing  courses  of  large,  well  shaped 
stone,  laid  crosswise,  edge  to  edge,  and  at  least  ten  inches  thick 
in  each  course,  the  lower  footing  course  to  be  not  less  than  two 
feet  greater  in  area  than  the  size  of  the  column:  and  under 
every  column,  as  above  set  forth,  a  cap  of  cut  granite  at  least 
twelve  inches  thick  and  of  a  diameter  twelve  inches  greater  each 
way  than  that  of  the  column,  and  must  be  laid  solid  and  level  to 
receive  the  column.  Any  building  that  may  hereafter  heerected 
in  an  isolated  position,  and  more  than  one  hundred  feet  in  depth, 
and  which  shall  not  be  provided  with  cross  walls,  shall  be  securely 
lyaced,  both  inside  and  out,  during  the  whole  time  of  its  erection, 
'if  it  can  be  done;  but  in  case  the  same  cannot  be  so  braced  from 
the  outside,  then  it  shall  be  properly  braced  from  the  inside,  and 
the  braces  shall  be  continued  from  the  foundation  upward  to  at 
least  one-third  the  height  of  the  building  from  the  curb  level. 

£  479.  Xo  wall  of  any  huilding  now  erected,  or  hereafter  to 
be  built  or  erected,  shall  be  cut  off  or  altered  below,  without 
permission  so  to  do  having  been  first  obtained  from  the  fire  de- 
partment. Every  temporary  support  placed  under  any  struc- 
ture, wall,  girder  or  beam  during  the  erection,  finishing,  alter- 
ation or  repairing  of  any  building,  or  part  thereof,  shall  be  equal 
in  strength  to  the  permanent  support  required  for  such  struc- 
ture, wall,  girder,  or  beam.  And  the  walls  of  every  building 
shall  be  strongly  braced  fiom  the  beams  of  each  story  until  the 
building  is  topped  out,  and  the  roof  tier  of  beams  shall  be 
strongly  braced  to  the  beams  of  the  story  below,  until  ail  thp 
floors  in  the  said  building  are  laid. 


CONSTRUCTION  OF  BUILDINGS. 


177 


480.  All  stone  Avails  less  than  twenty-four  inches  thick  M-W 
shall  have  at  1«  a-t  one  header,  extending  through  the  walls  in- 
every  three  feet  in  height"  from  t he  bottom  of  the  wall,  and  in 
every  four  feel  in  length;  and  if  over  twenty-four  inches  ill  ";*£i7sl,,n, 
thickness,  shall  have  one  header  for  every  six  superficial  feet  on  ",,IK 
both  sides  of  the  wall,  and  running  into  the  wall  at  least  two 
feet  ;       headers  shall  be  at  least  eighteen  inches  in  width  and 
eight  inches  in  thickness,  and  shall  consist  of  a  good  flat  stone, 
dressed  on  all  sicks.    In  every  brick  wall  every  sixth  course  of  ^ur^r 
brick  shall  be  a  heading  course,  except  where  walls  are  faced  brk'kwn" 
with  brick,  in  which  case  every  fifth  course  shall  be  bonded  into 
the  backing  by  cutting  the  course  of  the  faced  brick  and  putting 
in  diagonal  headers  behind  the  same,  or  by  splitting  face  brick  in 
half  and  backing  the  same  by  a  continuous  row  of  headers.  In 
all  walls  which  are  laced  with  thin  ashlar,  anchored  to  the  back- 
ing, or  in  which  the  ashlar  has  not  either  alternate  headers  and  Backing  of 

°'  it  i  walls  faced 

stretchers  in  each  course,  or  alternate  heading  and  stretching  with aahinr, 
courses,  the  backing  of  brick  shall  not  be  less  than  twelve  inches 
thick,  and  all  twelve  inch  backing  shall  be  laid  up  in  cement 
mortar,  and  shall  not  be  built  to  a  greater  height  than  prescribed 
for  twelve  inch  walls.    All  heading  courses  shall  be  good,  hard,  jading ''f 
perfect  brick.    The  backing  in  all  walls,  of  whatever  material  SSdSScWnjr. 
it  may  be  composed,  shall  be  of  such  thickness  as  to  make  the 
walls,  independent  of  the  facing,  conform  as  to  thickness  with 
the.  requirements  of  sections  four  hundred  and  seventy-six  and 
four  hundred  and  seventy-seven  of  this  act. 

4S1.  Every  isolated  pier  less  than  ten  superficial  feet  at  the  m.§io, 
base,  and  all  piers  supporting  a  Avail  buil^of  rubble  stone  or 
brick,  or  under  any  iron  beam  or* arch  girder,  or  arch  on  which 
a  wall  rests,  or  lintel  supporting  a  wall,  shall,  at  intervals  of  not 
less  than  thirty  inches  in  height,  have  built  into  it  a  bond  stone  isolated  ami 
not  less  than  four  inches  thick,  of  a  diameter  each  way  equal  to  hwbff' 
the  diameter  of  the  pier,  except  that  in  piers  on  the  street  front 
above  the  curb,  the  bond  stone  may  be  four  inches  less  than  the 
pier  in  diameter  ;  and  all  piers  shall  be  built  of  good,  hard,  well- 
burnt  brick  and  laid  in  cement  mortar,  and  all  bricks  used  in 
piers  shall  be  of  the  hardest  quality,  and  be  well  wet  when  laid  ; 
and  the  walls  and  piers,  under  all  compound,  cast-irou,  or 
wooden  girders,  iron  or  other  columns,  shall  have  a  bond  stone 
at  least  four  inches  in  thickness,  and  if  in  a  wall  at  least  two 
feet  in  length,  running  through  the  wall,  and  if  in  a  pier,  the 
full 'size  of  the  thickness  thereof,  every  thirty  inches  in  height 
from  the  bottom,  whether  said  pier  is  in  the  wall  or  not,  and 
shall  have  a  cap  stoDe  of  cut  granite,  at  least  twelve  inches  in 
thickness,  by  the  whole  size  #f  the  pier,  if  in  a  pier,  and  if  in  a 
wall,  it  shall  be  at  least  two  feet  in  length,  by  the  thickness  of 


17s 


I  OBSTRUCTION  OF  BUILDINGS 


Setting  ol 
columna 


Uollow  n'ftlb, 
how  Imill 


Qelghl  «f  walls, 

how  coinpiili'cl 
Quality  of 
brick. 


1871,  ell.  IBS,  *1 

C'omp.  530. 
Mortnr.  how 

composed 


Id.  SIS. 
Comp.  531. 
Siili-i  end  or 
party  walls. 


Anchors,  how- 
built. 


Walls,  how 
anchored  at 
each  tier  of 

beams. 


the  wall,  and  at  least  twelve  inches  in  thickness.  Jn  any  case 
where  any  iron  or  other  column  rests  on  any  wall  or  pier  buill 
entirely  of  stone  or  lirick.  the  said  column  shall  be  Bet  on  a  bast*- 
stone  of  cut  granite,  not  less  than  right  inches  in  thickness  by 
the  full  size  of  the  bearing  of  the  pier,  il  on  a  pier,  and  if  on  a 
wall  the  full  thickness  Of  the  wall.  In  all  buildings  where  tht- 
walls  are  built  hollow,  the  same  amount  of  stone  or  lirick  shall 
be  used  in  their  construction  as  if  they  were  solid,  as  above  set 
forth:  and  no  hollow  walls  shall  he  1  mil  t  unless  1  he  two  walls 
forming  the  same  shall  he  connected  by  continuous  vertical  tie- 
of  the  samt;  material  as  the  walls,  and  not  over  twenty-four 
inches  apart.  The  height  of  all  walls  shall  he  computed  from 
the  CUrb  level.  No  swelled  or  refuse  hricks  shall  he  allowed  in 
any  wall  or  pier  :  and  all  brick  Used  in  the  construction,  altera- 
tion, or  repair  of  any  building  or  part  thereof,  shall  he  good, 
hard,  well-burnt  lirick  ;  and  if  used  during  the  months  from 
April  to  November,  inclusive,  shall  be  well  wet  at  the  time  they 
are  laid. 

£  The  mortar  used  in  the  construction,  alteration,  or 

i  t  pair  of  any  building  shall  he  composed  of  lime  or  cement, 
mixed  with  sand,  in  the  proportion  of  three  of  sand  to  one  of 
lime,  and  two  of  sand  to  one  of  cement,  and  no  lime  and  sand 
mortar  shall  he  used  within  t  wenty-four  hours  after  being  mixed: 
and  all  walls  <>r  parts  thereof,  below  the  curb  level,  shall  he  laid 
in  cement  mortar,  to  he  composed  of  cement  and  mortar,  in  the 
proportion  of  one  of  cement  to  two  of  mortar.  No  inferior  lime 
or  cement  shall  he  used  ;  and  all  sand  shall  be  clean,  sharp  grit, 
free  from  loam,'  .md  all  joints  and  all  walls  shall  he  well  filled 
with  mortar. 

i  4  *>.">.  In  no  case  shall  the  side,  end,  or  party  wall  of  any 
building  be  carried  up  more  than  two  stories  in  advance  of  the 
front  and  rear  walls.  The  front,  rear,  side,  end,  and  party  walls 
of  any  building  hereafter  to  be  erected  shall  he  anchored  to  each 
other  every  six  feet  in  their  height  by  tie  anchors,  made  of  one 
and  a  quarter  inch  hy  three-eighths  of  an  inch  wrought  iron. 
The  said  anchors  shall  be  built  into  the  side  or  party  walls  not 
less  than  sixteen  inches,  and  into  the  front  and  rear  walls  at 
least  one-half  the  thickness  of  the  front  and  rear  walls,  so  as  to 
secure  the  front  and  rear  walls  to  the  side,  end,  or  party  walls  : 
and  all  stone  used  for  the  facing  of  any  building,  except  where 
built  with  alternate  headers  and  stretchers,  as  hereinbefore  set 
forth,  shall  be  strongly  anchored  with  iron  anchors  in  each 
stone,  and  all  such  anchors  shall  be  let  into  the  stone  at  least 
one  inch.  The  side,  end,  or  party  walls  shall  be  anchored  at 
each  tier  of  beams,  at  intervals  *)f  not  more  than  eight  feet 
apart,  with  good,  strong,  wrought  iron  anchors,  one-half  inch 


roNsTKlVTloN  t»l-'  HL'l  LDINfj.S. 


17'.' 


by  one  inch,  well  built  into  the  side  walls  and  well  fastened  to 
th^  side  of  the  brains  by  two  nails  made  of  wrought  iron,  at 
least  one-fourth  of  an  inch  in  diameter;  and  where  the  beams 
are  supported  by  girders  the  ends  of  the  beams  resting  on  the 
girder  shall  be  butted  together,  end  to  end,  and  strapped  by 
w  rought  iron  straps  of  the  same  size  and  at  the  same  distance  Beams  «*ttag 

.  '  on  chili-™. 

apart  and  in  the  same  beamasthe  wall  anchors,  and  shall  be 
well  fastened. 

§  484.  All  walls  of  any  buildings  over  fifteen  feet  high  shall  Ig^uSSSk***' 
be  built  up  and  extend  at  least  twenty-four  inches  above  the  roof  eJip'Mi'7' $1' 
and  shall  be  coped  with  stone  or  iron.    If  a  mansard  roof  shall  £">nin£.,{,|.c]  f 
be  placed  upon  any  building,  except  a  wooden  building  over 
three  stories  in  height,  exclusive  of  the  said  roof,  the  same  shall 
be  constructed  fire  proof. 

§  185.  All  iron  beams  or  girders  used  to  span  openings  over  m.|h 
six  feet  in  width,  and  not  more  than  twelve  feet  in  width,  upon  lr"" 
which  a  wall  rests,  shall  have  a  bearing  of  at  least  twelve  inches  *irders 
at  each  end  by  the  thickness  of  the  wrall  to  be  supported,  and  for 
"every  additional  foot  of  span  over  and  above  the  said  twelve 
feet,  if  the  supports  are  iron  or  solid  cut  stone,  the  bearing  shall 
be  increased  half  an  inch  at  each  end;  but  if  supported  on  the 
ends  by  walls  or  piers  built  of  brick  or  stone,  if  the  opening  is 
over  twelve  feet  and.  not  more  than  eighteen  feet,  the  bearing 
shall  be  increased  four  inches  at  each  end,  by  the  thickness  of 
the  wall  to  be  supported;  and  if  the  space  is  over  eighteen  feet 
and  not  more  than  twenty-five  feet,  then  the  bearing  shall  be  at 
least  twenty  inches  at  each  end  by  the  thickness  of  the  wall  to 
be  supported;  and  for  every  additional  five  feet  or  part  thereof 
that  the  space  shall  be  increased,  the  bearing  shall  be  increased 
an  additional  four  inches  at  each  end  by  the  thickness  of  the 
wall  to  be  supported.    And  on  the  front  of  any  building  where 
the  supports  are  of  iron  or  solid  cut  stone,  they  shall  be  at  least 
sixteen  inches  on  the  face  and  the  width  of  the  thickness  of  the 
wafi^to  be  supportgpl,  and  shall,  when  supported  at  the  ends  by 
brick  walls  or  piers,  rest  upon  a  cut  granite  base  block,  at  least 
twelve  inches  thick,  by  the  full  size  of  the  bearing;  and  in  case 
the  opening  is  less  than  twelve  feet,  the  granite  block  may  be  six 
inches  in  thickness,  by  the  whole  size  of  the  bearing;  and  all 
iron  beams  or  girders  used  in  any  building  shall  be,  throughout,  Tbicknewof 
of  a  thickness  not  less  than  the  thickness  of  the  wall  to  be  sup-  £ESSa.or 
ported.    All  iron  beams  or  girders  used  to  span  openings  more 
than  eight  feet  in  width,  and  upon  which  a  wall  rests,  shall 
have  wrought  iron  tie-rods  of  sufficient  strength,  well  fastened 
at  each  end  of  the  beam  or  girder,  and  shall  have  cast-iron  shoes  ^ 
on  the  upper  side,  to  answer  for  the  skew-back  of  a  brick  or  cut- 
stone  arch,  which  said  arch  shall  always  be  turned  over  the  same. 


* 


180  CONSTRUCTION  <»i  BUILDINGS, 

and  the  arch  shall  in  no  case  he  less  than  1  welve  inches  in  height . 
by  the  width  of  the  wall  to  be  supported,  and  the  shoes  shall  be 
made  strong  enough  to  resist  the  pressure  of  the  arch  in  all  cases. 

uvhesovei  Cut-stone  or  hard-brick  arches,  with  two  wrought  iron  tie-rod- 
of  sufficient  strength,  may  he  turned  over  any  opening  less  than 
thirty  feet,  provided  they  have  skew-hacks  of  cut-stone  or  cast 
or  wrought  iron,  with  which  the  bars  or  tension-rods  shall  be 
properly  secured  by  heavy  wrought  iron  washers,  necks,  and 
•  heads  of  wrought  iron,  properly  secured  to  the  skew-backs.  The 
above  clause  is  intended  to  meet  cases  where  the  arch  has  not 

untoii  to  be  oi  abutments  of  sufficient  size  to  resist  its  thrust.    All  lintels  here- 

iron.  •  •  • 

after  placed  over  openings  in  the  front,  rear  or  side  of  a  build 
iug,  or  returned  over  a  corner  opening,  when  supported  by  brick 
piers  or  iron  or  stone  columns,  sfiall  be  of  iron,  and  of  the  full 
breadth  of  the  wall  to  be  supported,  and  shall  have  a  brick  arch 
of  sufficient  thickness,  with  skew-backs  and  tie-rods  of  sufficient 
strength  to  support  the  Buperincumbenl  lateral  weight,  indepen- 
dent of  the  cast-iron  lintel.  In  all  buildings  hereafter  to  be 
t  mIu.mms  i..r     erected  or  altered,  where  anv  imn  column  or  columns  are  u-ed 

Mi|i|n>rts.  •> 

to  support  a  wall  or  part  thereof,  whether  the  same  be  an  ex- 
terior or  interior  wall,  except  a  wall  fronting  on  a  street,  the  said 
column  or  columns  shall  be  constructed  as  follows:  There  shal[ 
weight  of.  to  be  be  a  double  column,  that  is.  an  outer  and  inner  column,  and  the 

Mistnini-il  hy 

Kird.Ts.iint.iv  inner  column  shall  be  of  sufficient  strength  to  sustain  safelv  the 
weight  to  be  imposed  upon  both  the  outer  and  inner  column;  and 
the  outer  column  shall  be  made  of  sufficient  size  to  allow  a  space 
of  at  least  one  inch  between  it  and  the  inner  column,  which 
space  shall  be  solidly  filled  with  plaster  of  Paris,  or  some  other 
non-conducting  material;  and  all  iron  beams,  girders,  lintels,  or 
columns,  before  the  same  are  used  in  any  building,  shall  have 
the  maximum  weight  which  they  will  safely  sustain  stamped, 
cast  or  properly-  marked  in  a  conspicuous  place  thereon  by  the 
founder  or  manufacturer  of  the  same,  and  shall  he  made  of  the 
best  materials  and  in  the  best  manner.  ,  # 

ccViip^f'*15"       MSG.  All  openings  for  doors  and  windows  in  all  buildings. 

except  as  otherwise  provided,  shall  have  a  good  and  sufficient 
arch  of  stone  or  brick,  well  built  and  keyed,  and  with  good  and 
openings  for  sufficient  abutments,  or  a  lintel  of  stone  or  iron,  as  follows:  For 
an  opening  not  more  than  four  feet  in  width,  the  lintel  shall  not 
be  less  than  eight  inches  in  height;  and  for  an  opening  not  rilore 
than  six  feet  in  width,  the  lintel  shall  not  be  less  than  twelve 
inches  in  height;  and  for  an  opening  exceeding  six  feet  in  width 
and  not  more  than  eight  feet  in  width,  the  lintel  shall  be  of  iron 
or  stone,  and  of  the  full  thickness  of  the  wall  to  be  supported: 
and  every  such  opening  six  feet  or  less  in  width  in  all  walls  shall 
be  at  least  one-third  the  thickness  of  the  walls  on  which  it  rests. 


doors  and 
« i  ldows. 


CONSTRUCTION  OF  BUILDINGS. 


;iik1  shall  have  a  bearing  at  each  (Mill  not  loss  than  four  inches  on 
the  walls;  and  on  the  inside  of  all  openings  in  which  the  lintel 
shall  bo  loss  than  ti  c  t  hicknoss  of  the  wall  to  ho  supported,  there 
shall  a  good  timber  lintel  on  the  inside  of  the  other  lintels,  which 
sball  re$t  at  each  end  not  more  than  four  inches  on  any  wall,  and 
shall  be  chamfered  at  each  end,  and  shall  have  a  double  rolock 
arch  t  urned  over  said  timber  lintel;  arches  built  of  stone  or  brick 
may  bo  turned  over  openings  <>n  a  centre,  which  may  be  struck 
after  the  arch  is  turned,  provided  the  arch  has  a  good  and  sufli-  ,^„'.';;,;::" ' 
cient  rise,  and  that  the  piers  or  abutments  are  ol'  sufficient 
strength  to  bear  the  thrust  of  the  arch;  and  all  arches  over  open- 
ings or  fire-places  shall  be  built  of  good,  hard  brick,  laid' close 
joints,  and  well  keyed. 

>.:  4s7.  All  the  stores  or  storehouses,  or  other  build  inus  which  si.s, 

°  as  umeiiiliHi 

are  more  than  two  stori  s  or  above  twenty-live  feet  in  height  ch. 547, is 
above  the  curb  level,  alreadv  erected,  or  that  may  hereafter  be  door^wlndft 


etc, 


Hoistwayi 


built  in  said  city,  except  dwelling-houses  or  churches,  shall  have 
doors,  blinds,  or  shutters  made  of  fire-proof  metal,  011  every  win 
dow  and  opening  above  the  first  story.  When  in  any  such  build 
ing  the  shutters,  blinds  or  doors  cannot  be  put  011  the  outside  of 
such  door  or  window,  they  shall  be  put  011  the  inside,  and  if 
placed  on  the  inside  shall  be  hung  upon  an  iron  frame  independ- 
ent of  the  wood-work  of  the  window  frame  or  door;  and  every 
such  door,  blind,  or  shutter  shall  be  closed  upon  the  completion 
of  the  business  of  each  day  by  the  occupant  having  the  use  or 
control  of  the  same;  and  all  fire-proof  shutters  or  blinds  that 
now  are  or  may  hereafter  be  put  upon  the  front  or  sides  of  any 
building  on  the  street  fronts,  must  be  so  constructed  that  they 
can  be  closed  and  opened  from  the  outside  above  the  first  story. 
In  any  store  or  building  in  the  city  of  New  York  in  which  there 
shall  exist  or  be  placed  any  hoistway,  elevator,  or  well-hole,  the 
openings  thereof  through  and  upon  each  floor  of  said  building 
shall  be  provided  with  and  protected  by  a  substantial  railing  and 
such  good  and  sufficient  trap-doors  with  which  to  close  the  same 
as  may  be  directed  and  approved  by  the  fire  department;  and 
such  trap-door  shall  he  kept  closed  at  all  times  except  when  in 
actual  use  by  the  occupant  or  occupants  of  the  building  having 
the  use  and  control  of  the  same;  and  all  openings  in  any  such 
buildings  above  the  first  story  which  may  open  upon  a  street, 
and  all  openings  in  buildings  used  or  occupied  for  school-bouses 
or  offices  exclusively,  may  be  exempted  from  the  provisions 
and  requirements  of  this  section  in  the  manner  as  hereinafter 
provided. 

46S.  All  chimneys  and  all  flues  in  stone  or  brick  walls  in  lsT1-  ch-«M17< 

J  as  am.->,4-l 

any  building  hereafter  erected,  altered  or  repaired,  without  comp1^7' **' 
reference  to  the  purpose  for  which  they  may  be  used,  sball  have 


182 


CONSTRICTION  OF  ULTI-DINOS. 


the  joints  struck  smooth  on  the  inside,  and  no  parging  mortar 
shall  he  used  on  the  inside  ;  and  the  fire  hacks  of  all  chimneys 
hereafter  erected  shall  not  he  less  than  eight  inches  in  thickness. 

Chimney*,  ^nd  no  tin  or  other  metal  Hue  or  flues,  | *i j »o  or  pipes,  or  register 
hox  orhoxes,  of  a  single  thickness  of  metal,  used  OK  intended  to 
he  used  to  convey  heated  air  in  any  building  hereafter  built, 
altered,  or  repaired  in  any  part  of  said  city,  shall  he  allowed 
unless  the  same  shall  he  huilt  in  a  wall  of  brick  or  stone  ;  in  all 
other  cases  tjie  said  flue  or  flues,  pipe  or  pipes,  register  hox  or 
boxes,  shall  he  made  double  ;  that  i<,  two  pipes,  one  inside  tin- 
other,  at  least  one-half  inch  apart,  and  the  space  hetween  the 
pipes  shall  he  tilled  with  plaster  of  Paris;  and  no  wooden  furr- 
ing or  lath  shall  he  placed  against  any  flue,  metal  pipe  or  pipes 
used  to  convey  heated  air  or  steam  in  any  building;  and  when 
any  wall  shall  hereafter  he  furred  or  lathed  with  wood,  the 
space  between  the  lathing  and  wall  shall  he  filled  with  plaster 
hetween  the  top  and  under  side  of  the  floor  beams  of  each 
story,  so  as  to  prevent  fire  from  extending  from  one  floor  to 
another.    And  no  air  flue  shall  he  used  at  any  time  as  a  smoke 

steam  pipe*  .  flue.  No  steam  pipe  shall  he  placed  within  two  inches  of  any 
timber  or  woodwork  as  aforesaid  ;  when  the  said  space  of  two 
inches  around  the  steam  pipe  is  objectionable,  it  shall  he  pro- 
tected by  a  soapstone  or  an  earthen  ring  or  tube.  Xo  base  or 
flooring  or  roofing,  or  any  other  woodwork  shall  be  placed 
against  any  brick  or  other  flue  until  the  same  shall  he  well  plas- 
tered with  plaster  of  Paris  behind  such  woodwork.  All  flues  in 
any  building  shall  he  properly  cleaned  and  all  rubbish  removed, 
and  the  flues  left  smooth  on  the  inside  upon  the  completion  of 
all  such  buildings  as  aforesaid.  Xo  chimney  shall  be  started  or 
huilt  upon  any  floor  or  beam,  and  in  no  case  shall  the  breast  of 
a  chimney  project  more  than  eight  inches  from  the  wall.  All 
chimneys  which  are  corbled  out  from  the  walls,  as  above  de- 
scribed, shall  be  supported  by  five  courses  of  brick  ;  but  if  sup- 
ported by  piers,  the  said  piers  shall  start  from  the  foundation  on 
the  same  line  with  the  chimney  breast,  and  shall  not  be  less  than 
sixteen  inches  on  the  face.  All  hearths  shall  be  supported  by 
arches  of  stone  or  brick,  and  no  chinme\*  in  buildings  already 
erected  or  hereafter  to  he  built,  shall  be  cut  off  below  in  whole 
or  in  part  and  supported  by  wood,  but  shall  be  wholly  supported 
by  stone,  brick  or  iron,  and  all  chimneys  in  am*  building  or 
buildings  as  aforesaid,  already  erected  or  hereafter  to  be  erected 
or  built,  or  any  other  chimney  or  chimneys  in  any  part  of  the 
said  city,  which  shall  be  dangerous  in  any  manner  whatsoever, 
shall  he  repaired  and  made  safe  or  taken  down.  And  the  flues 
of  all  furnaces  and  boilers  shall  he  constructed  in  such  manner 
as  the  fire  department  shall  direct. 


CONSTRI  CTION  OK  UUILDINGS. 


^  489.  No  smoke-pipe  in  any  building  with  wooden  or  com  im, eh jm, n& 
hustible  floors  and  ceilings  shall  hereafter  enter  any  line,  unless  smokartpM 
the  said  pipe  shall  he  at  least  eighteen  Inches  from  either  the  SSSSfn 

floors  or  ceilings;  and  in  all  case-;  where  smoke-pipes  pass 
thiough  stud  or  wooden  partitions  of  any  kind,  whether  the 
same  he  plastered  or  not.  they  shall  he  guarded  by  either  ;i 
douhle  collar  of  metal,  with  at  least  four  inches  ait  space  and 
lioles  for  ventilation,  or  hy  a  soapstOne  ring,  not  less  than  three 
inches  in  thickness,  and  extending  through  the«partition.  or  h} 
a  solid  coating  of  plaster  of  Paris,  three  inches  thick,  or  hy  an 
earthenware  rim?,  three  inches  from  the  pipe.    In  all  cases  pipMorBteam 

D  11  or  hot  uir 

where  hot  water,  steam,  hot-air,  or  other  furnaces  are  used,  the  furna  

furnace  smoke-pipe  must  he  kept  at  least  two  feet  below  the 
beams  or  ceilings  above  the  same,  unless  said  beams  or  ceilings 
shall  he  properly  protected  hy  a  shield  or  tin  plate  suspended 
above  said  smoke-pipe,  with  sufficient  space  for  the  free  circula- 
tion of  air  above  and  below  said  shield  ;  and  the  smoke-pipe 
shall,  in  all  cases,  be  kept  at  least  eight  inches  from  the  beams 
or  ceilings,  as  aforesaid,  and  the  top  of  all  furnaces  set  in  brick 
must  be  covered  with  brick,  slate,  or  tin  plate,  supported  by  iron 
bars,  and  so  constructed  as  to  be  perfectly  tight :  said  covering  ,,,,,,,, ,,„„.„., . 
to  be  in  addition  to  and  not  less  than  six  inches  from  the  ordi-  sK  tobrick 
nary  covering  to  the  hot-air  chamber.  If.  however,  there  is  not 
height  enough  to  build  the  furnace  top  at  least  four  inches 
below  the  floor  beams  or  ceilings,  then  the  floor  beams  must  be 
trimmed  around  the  furnace,  and  said  covering  and  the  trim- 
mers and  headers  must  be  at  least  four  inches  from  the  same. 
The  top  of  every  portable  furnace  not  set  in  brick  shall  be  kept  Portable 
at  least  one  foot  below  the  beams  or  ceilings  with  a  shield  of  tin 
plate,  made  tight,  and  suspended  belowr  the  said  beams  or  ceil- 
ing, and  extended  one  foot  beyond  the  top  of  the  furnace  on  all 
sides.  All  hot-air  registers  hereafter  placed  in  the  floor  of  any  Hot-airand 
building  shall  be  set  in  soapstone  borders  not  less  than  two  aoorpe8fatCTa 
inches  in  width.  All  soapstone  borders  to  be  firmly  set  in 
plaster  of  Paris,  or  gauged  mortar.  All  floor  register  boxes  to 
be  made  of  tin  plate,  with  a  flange  on  the  top,  to  fit  the  groove  in 
the  soapstone,  the  register  to  rest  upon  the  same.  There  shall 
also  be  an  open  space  of  two  inches  on  all  sides  of  the  register- 
box,  extending  from  the  under  side  of  the  ceiling,  below  the 
register,  to  the  soapstone  in  the  floor  ;  the  outside  of  said  space1 
to  be  covered  with  a  casing  of  tin  plate,  made  tight  on  all  sides, 
to  extend  from  the  under  side  of  the  aforesaid  ceiling  up  to  and 
turn  under  the  said  soapstone.  Registers  twelve  by  nineteen 
inches,  or  less  than  fifteen  by  twenty-five  inches,  shall  have  a 
space  of  three  inches  between  the  register-box  and  casing : 
registers  of  fifteen  by  twenty-five  inches  and  more  shall  have  a 


IS1 


CONSTRUCTION  OF  BUILDINGS. 


(ins,  water. ami 
strain  pipes. 


lHTl.eh.  025, |10 
C'omp.  598. 


Wooden  bewni 
■  ir  gird  en, 


Floor  bMUlU 


Trimmer 
headers. 
Timbers  In 
walk 


and 


Hond  timbers. 


Strength  of 
floors. 


Weight,  how- 
posted  and  dis- 
tributed in 
warehouses. 


Quality  and 
size  of  timbers 
or  beams. 


space  of  three  and  one-half  inches.  All  gas,  water,  steam, 
or  other  pipes  which  may  he  introduced  into  any  building  other 
than  a  dwelling  house  shall  not  he  let  into  the  heams,  unless  the 
same  he  placed  within  thirty-six  inches  of  the  end  of  t  he  heams: 
and  in  no  budding  shall  the  said  pipes  he  let  into  the  beams 
more  than  two  indies  in  depth.  In  all  cases  where  hot  water, 
steam,  hot  air.  or  other  furnaces  are  hereafter  placed  in  any 
building,  due  notice  shall  first  be  given  to  the  lire  department  by 
the  owner  or  ownei-s  of  the  said  building,  or  by  the  person  or 
persons  placing  said  furnace  or  furnaces  in  said  building,  or  by 
the  contractor  or  superintendent  of  said  work. 

§  490.  In  no  building,  whether  the  same  be  a  frame  btnkMng 
or  otherwise,  shall  any  wooden  girders,  beams,  or  timbers  be 
placed  within  twelve  inches  of  the  inside  of  any  line,  whether 
the  same  be  a  smoke,  air,  or  any  other  flue.  All  wooden  beams 
and  other  timbers  in  the  party  wall  of  every  building  hereafter 
to  be  erected  or  built  of  stone,  brick,  or  iron-,  shall  he  separated 
from  the  beam  or  timber  entering  in  the  opposite  side  of  the 
wall  by  at  least  eight  inches  of  solid  mason  work.  No  floor 
beam  shall  be  supported  wholly  upon  any  wood  partition,  but 
every  beam,  except  headers  and  tail  beams,  shall  rest,  at  one 
end,  not  less  than  four  inches  in  the  wall,  or  upon  a  girder,  as 
authorized  by  this  title.  And  every  trimmer  or  header  more 
than  fouu  feet  long  used  in  any  building  except  a  dwelling,  shall 
bo  hung  in  stirrup  irons  of  suitable  thickness  for  the  size  of  the 
timbers.  No  timber  shall  be  used  in  any  wall  of  any  building 
where  stone,  brick,  or  iron  is  commonly  used,  except  bond  tim- 
bers and  lintels,  as  hereinbefore  provided  for,  or  as  may  be 
approved  of  by  said  department;  and  no  bond  timber  in  any 
wall  shall  in  width  and  thickness  exceed  that  of  a  course  of 
brick.  No  bond  timber  shall  be  more  than  three  feet  in  length, 
and  such  bond  timbers  shall  be  laid  eighteen  inches  apart,  par- 
allel to  each  other,  and  there  shall  be  eight  inches  of  brick  or 
mason  work  between  the  ends  of  the  same.  In  every  building 
already  erected,  or  hereafter  to  be  built,-  the  floors  shall  be  of 
sufficient  strength  to  bear  the  weight  to  be  imposed  upon  them 
exclusive  of  the  weight  of  the  materials  used  in  their  construc- 
tion; and  in  all  storehouses  the  weight  that  each  floor  will  safely 
sustain  upon  each  superficial  foot  shall  be  estimated  by  the 
owner  thereof,  and  posted  in  a  conspicuous  place  on  each  floor 
thereof;  and  the  weight  that  may  be  placed  upon  either  of  the 
floors  of  the  said  building  or  buildings  shall  be  safely  distributed 
thereon.  And  all  timbers  or  beams  used  in  any  building  here- 
after to  be  constructed,  altered,  or  repaired,  whether  the  same 
be  a  frame  building  or  otherwise,  shall  be  of  good,  sound  ma- 
terial, free  from  rot,  sap,  shakes,  or  rotten  knots,  and  of  such 


coNsTitrrnoN  ok  ih  ii.dincs. 


185 


size  and  dimensions  as  the  purposes  Ec*  w  hich  the  building  is 
intended  requires. 

8491.  In  all  buildings,  every  floor  shall  he  of  sufficient  1  ■' 
strength  in  all  its  parts  to  hear  safely  upon  every  superh< aal  toot  n.«.r- 
of  its  surface  sevent y-five  pounds;  and  if  used  as  a  place  of 
public  assembly,  one  hundred  and  twenty  pounds;  and  if  used 
as  a  store,  factory,  warehouse,  or  for  any  other  manufacturing 
or  commercial  purposes,  from  one  bundled  and  fifty  t<>  live 
bundled  pounds  and  upwards;  and  every  floor  shall  he  of  snl'- 
ticient strength  to  hear  safely  the  weights  aforesaid,  in  addition 
to  the  weight  of  the  materials  of  w  hich  the  floor  is  composed; 
and  every  column,  post,  or  other  vertical  support  shall  be  of  Opidmwiof 
sufficient  strength  to  hear  safely  the  weight  of  the  portion  of 
each  and  every  floor  depending  upon  it  for  support,  in  addition 
to  the  weight  required  as  above  to  be  supported  safely  upon  said 
portions  of  said  floors.    In  all  calculations  for  the  strength  of  suvn^tu  ,,r 

1  materials.  Imw 

materials  to  he  used  in  any  building,  the  proportion  between  the  calculated, 
safe  weight  and  the  breaking  weight  shall  be  as  one  to  three  for 
all  beams,  girders,  and  other  pieces  subject  to  a  cross-strain,  and 
shall  be  as  one  to  six  for  all  posts,  columns,  and  other  vertical 
supports,  and  for  all  tie-rods,  tie-beams,  and  other  pieces  sub- 
jected to  a  tensile  strain.  And  the  requisite  dimensions  of  each 
piece  of  material  is  to  I*  ascertained  by  computation  by  the 
rules  given  by  Tredgold,  Hodgkinson,  Barlow,  or  the  treatises 
of  other  authors  now  or  hereafter  used  at  the  United  States 
Military  Academy  at  West  Point,  on  the  strength  of  materials, 
using  for  constants  in  the  rules  only  such  numbers  as  have  been 
deduced  frfpa  experiments  on  materials  of  like  kind  with  that 
proposed  to  be  used.  Before  any  iron  column,  beam,  lintel,  or  iron  columns, 
girder,  intended  to  span  an  opening  over  eight  feet  in  length,  s„p|!!",V  »aii-' 
and  intended  to  support  a  wall  built  of  stone  or  brick,  or  any  test<<i 
floor  or  part  thereof,  in  any  building  hereafter  erected  or  altered 
in  the  city  of  New  York,  shrill  be  used  for  that  purpose,  the 
manufacturer  or  founder  thereof  shall  have  the  same  tested  by 
actual  weight  or  pressure  thereon,  under  the  direction  and  super- 
vision of  an  inspector,  authorized  by  the  fire  department  (  who 
shall  be  previously  notified  of  the  time  when  and  place  where 
the  said  test  will  be  made  by  the  person  or  persons  having  the 
said  columns,  beams,  lintels,  or  girders  so  tested),  whose  duty  it 
shall  be  to  have  the  weight  which 'each  of  the  said  columns, 
beams,  lintels,  or  girders  will  safely  sustain  properly  stamped  or 
marked  in  a  conspicuous  place  thereon  by  the  said  manufacturer 
or  founder  thereof,  and  no  greater  weight  shall  be  put  or  placed 
upon  any  said  column,  beam,  lintel,  or  girder  than  the  same  shall 
be  so  marked  as  being  capable  of  sustaining;  and  in  case  any 
said  column,  beam,  girder,  or  lintel  shall  he  rejected  by  said 


186 


(  OXNTKl'CTJON  OF  I'.IIMHNGS. 


Rejected  coi 
uduib,  beams, 
Hi-.,  not  to 
used. 


ch.  805,121, 
Coinp.  53". 
Fire-proof 
buildings 


Metal  columns. 
Brick  arches 


Ktont*  ton i - 

|illl1>s 


Thickness  i>i 
arches. 


Brick  nivhes. 


ls71.cli.0'A">,  J'A'. 
Comp.  538. 
Gutters  and  ex- 
terior cornices, 


Cornices  se- 
cured  and 
anchored. 


fire  department  as  unfit  to  be  used,  the  same  shall  not  be  used 
in,  upon,  or  about  any  building  or  paft  thereof.  All  ton  work 
used  in  any  building  or  part  thereof  hereafter  to  be  erected  or 
altered  shall  !><•  of  the  hest  material  and  made  in  the  besl 

manner. 

§  492.  Jn  all  fire-proof  buildings  hereafter  to  be  constructed, 
where  brick  walls,  with  wrought  iron  beams  or  east  or  wrought 
iron  columns  with  wrought  iron  heams.  are  used  in  tin-  interior, 
the  following  rules  must  be  observed: 

I.  All  metal  columns  shall  he  planed  tun;  and  smooth  at  both 
ends  and  shall  rest  on  east-iron  hid  plates,  and  have  cast-iron 
caps,  which  shall  also  be  planed  true,  if  brick  arches  are  used 
bel  ween  the  beams  the  arches  shall  have  a  rise  of  at  least  an 
inch  and  a  quarter  to  each  foot  of  space  between  the  beams. 

-.  Under  the  ends  of  all  the  ii  mi  h<  an  is.  where  they  rest  on  the 
w  alls,  a  stone  template  must  be  built  into  the  walls;  said  tem- 
plates to  be  eight  inches  wide  in  twelve-inch  walls,  and  in  all 
walls  of  greater  thickness  to  be  in  width  not  less  than-foui 
inches  less  than  the  width  of  said  wall,  and  not  to  be.  in  any 
case,  less  than  four  inches  in  thickness  and  eighteen  inches 
long. 

8.  All  arches  shall  he  at  least  four  inches  thick.  Arches  oyer 
four  feet  span  shall  be  increased «in  thickness  toward  the 
haunches  by  additions  of  four  inches  in  thickness  of  brick;  the 
first  additional  thickness  shall  commence  at  two  and  a  half  feet 
from  the  centre  of  the  span;  second  addition  at  six  and  a  half 

•  feet  from  the  centre  of  the  span,  and  the  thickness  shall  be  in- 
creased thence  four  inches  for  every  additional  fou^feet  of  span 
town  I'd  the  haunches. 

4.  The  said  brick  arches  shall  be  laid  to  a  line  on  the  centres, 
with  a  close  joint,  and  the  bricks  shall  be  well  wet  and  the  joints 
tilled  with  cement  mortar,  in  proportions  of  not  more  than  two 
of  sand  to  one  of  cement,  by  metfsure.  The  arches  shall  be  well 
grouted  and  pinned  or  chinked  with  slate  and  keyed. 

§  493.  All  exterior  cornices  and  gutters  of  all  buildings  here- 
after to  be  erected  or  built  shall  be  of  some  fire-proof  material, 
and  in  every  case  the  greatest  weight  of  stone,  iron  or  other 

•materials  of  which  the  cornice  shall  be  constructed,  shall  be  on 
the  inside  of  the  outer  line  of  the  wall  on  which  the  cornice  shall 
rest,  in  the  proportion  of  three  of  wall  to  two  of  cornice  in 
weight,  allowance  being  made  for  the  excess  of  leverage  pro- 
duced by  the  projection  of  the  cornice  beyond  the  face  of  the 
wall  ;  and  all  fire-proof  cornices  shall  be  web1  secured  to  the  walls 
with  iron  anchors,  independent  of  any  wood-work  ;  and  in  all 
cases  the  walls  shall  be  carried  up  to  the  planking  of  the  roof, 
and  where  the  cornice  projects  above  the  roof  the  wall  shall  be 


r<)NSTKi:i'T10N  OK  BUILDINGS. 


187 


carried  Up  to  the  top  of  the  COl'nlceS,  and  the-  party  wall  >hall  in 

all  cases  extend  up  above  the  planking  of  the  cornice  and  be 

coped  with  some  lire  proof  material;  and  all  exterior  wooden 
cornices  that  may. now  he,  or  that  may  hereafter  heeome  unsa/e  .' J!X'',,Vnfcm 
or  rotten,  shall  he  taken  down,  and  if  replaced  shall  he  con 
strutted  of  some  lire  proof  material,  and  all  exterior  wooden 
cornices  or  gutters  that  may  hereafter  he  damaged  by  lire  fco  the 
extent  of  one-third  thereof,  shall  he  taken  down,  and  if  replaced. 
shalUbe  const  meted  of  .some  lire  proof  material  :  hut  if  not  dam 
aged  to  tho  extent  of  one-third  thereof,  the  same  may  he  repaired 
with  the  same  material  of  winch  it  was  originally  constructed. 
All  buildings  shall  he  kept  provided  with  proper  metallic  leaders  Metallic  leader* 
for  conducting  the  water  from  the  roof  to  the  ground,  sewer,  or  water, 
street  gutter,  in  such  manner  as  shall  protect  the  walls  and 
foundations  from  damage,  and  in  no  case  shall  the  water  from 
the  said  leaders  be  allowed  to  flow  upon  the  sidewalk,  but  shall 
be  conducted  by  drain-pipe  or  pipes  to  the  street  gutter  or 
sewer. 

;  494  The  planking  and  sheathing  of  the  roof  of  every  build  ctomp'ssft 
ing  erected  or  built  as  aforesaid,  shall  m  no  casexbe  extended  ^fe8",11 


roofs. 


Dormer- wiu- 


aCrOSS  the  front,  rear,  side,  end.  or  party  wall  thereof,  and  every 
such  building,. and  the  tops  and  sides  of  every  dormer-window 
thereon,  shall  be  covered  and  roofed  with  slate,  tin,  zinc,  copper 
or  iron,  or  such  other  equally  fire-proof  roofing  as  the  fire  de-  tags, 
partment  may  authorize,  and  the  outside  of  the  frame  of  every 
dormer-window  hereafter  placed  upon  any  building  as  aforesaid, 
shall  be  made  of  some  fire-proof  material.  And  no  wooden 
building  hereafter  erected  or  built  or  already  erected  in  any  part  of 
the  said  city,  more  than  two  stories  or  above  t  wenty  feet  in  height 
above  the  curb  level  to  the  highest  part  thereof,  which  shall  re- 
quire roofing,  shall  be  roofed  with  any  other  roofing  or  covering 
except  as  aforesaid.  Nothing  in  this  section  shall  be  construed 
to  prohibit  the  repairing  of  any  shingle  roof,  provided  the  build- 
ing is  not  altered  in  height.  All  buildings  in  the  city  of  New  ^2^^ 
York,  whether  already  erected  or  hereafter  to  be  built,  shall  have  ^^staire 
scuttle  frames  and  covers,  or  bulkheads  and  doors,  made  of  or  "" 
covered  with  some  fire-proof  material,  and  all  scuttles  shall  have 
stationary  iron  ladders  leading  to  the  same,  and  all  such  scut- 
tles or  ladders  shall  be  kept  so  as  to  be  ready  for  use  at  all 
times,  and  all  scuttles  shall  not  be  less  in  size  than  two  by  three 
feet ;  and  if  a  bulkhead  is  used  or  substituted  in  any  building  in 
place  of  a  scuttle,  it  shall  have  stairs  with  a  sufficient  guard  or 
hand  rail  leading  to  the  roof  ;  and  in  case  the  building  shall  be  a 
tenement  house,  the  door  in  the  bulkhead,  or  any  scuttle,  shall 
at  no  time  be  locked,  but  may  be  fastened  on  the  mside  by  mova- 
ble bolts  or  hooks.    And  all  sky-lights  more  than  three  square  oonsiru^-a'''" 


188 


CONSTRUCTION  OF  1H1  J.DINOS. 


I87l;ch.8«6,  |24, 
C'onip.  M9. 
I'ramc  ImiM 

lng8,Btoopa  and 
otner  erections 


H.iv  windows. 


Unsafe  signs 


Id.  $85, 
( 'imi]> 


feci,  placed  in  any  building,  the  sash  and  frames  thereof  shall 
l)o  constructed  of  fire-proof  materials. 

§  W5.  So  frame  or  wooden  liuilding,  slied,  extension,  stair- 
way, stoop,  balcony,  piazza,  platform,  bay  or  oriel  window,  sign 
over  two  feet  in  height,  or  other  structure  of  any  kind,  in  whole 
or  in  part  wood)  shall  hereafter  be  built  or  constructed  in  said 
city,  unless  the  same  sball  lirst  be  authorized  by  the  fire  depart 
mi  nt,  under  its  certificate,  to  be  fi rst  obtained  therefor  ;  provided, 
however,  that  any  piazza,  platform,  or  balcony  that  d<Hs  not 
exeeed  ten  feet  in  width,  and  that  does  not  extend  more  than 
three  feel  above  the  second-floor  of  any  building  to  which 
the  same  may  be  attached,  or  the  roof  of  which  does  not  exceed 
the  same  height,  may  be  built  of  wood,  provided  the  same  is 
open  on  the  side;  and  such  piazza,  platform,  or  balcony  may  be 
buill  higher,  or  may  be  inclosed,  provided  the  same  shall  have 
end  or  party  walls  of  stone  or  brick  not  less  than  eight  inches 
thick,  which  shall  be  stalled  and  built  from  the  foundation  and 
carried  up  above  the  roof,  and  coped  with  stone  or  iron  ;  and  the 
roofs  of  all  piazzas  shall  be  covered  with  some  fire-proof  mate 
rial.  Any  bay  or  oriel  window  that  does  not  extend  more  than 
three  feet  above  the  third-story  floor  of  any  dwelling-house  to 
which  the  same  shall  be  attached,  may  be  built  of  wood;  all 
privies  not  exceeding  ten  feet  square  and  ten  feet  high  may  be 
built  and  covered  with  wood,  boards,  or  shingles  ;  and  no  steam- 
boat and  ferry  houses,  or  other  structures  upon  or  adjoining  any 
pier,  slip,  or  bulkhead  in  said  city  shall  be  constructed  except  in 
such  manner  and  of  such  materials  as  said  fire  department  shall 
determine  and  designate,  under  its  certificate  first  to  be  obtained 
therefor  ;  and  any  sign,  of  whatever  material  it  may  be  con- 
structed, now  erected,  or  that  may  be  hereafter  erected,  on  the 
top  or  street  front  of  any  building  that  may  now  be,  or  that  may 
hereafter  become  rotten  or  unsafe,  shall  be  taken  down  and 
removed. 

§  490.  It  shall  not  be  lawful  for  the  owner  or  owners  of  any 
brick  front  or  wooden  building  erected  prior  to  April  twentieth, 
eighteen  hundred  and  seventy-one,  in  said  city,  that  has  a  peak 
roof,  to  raise  the  same  for  the  purpose  of  making  a  flat  roof 
thereon,  unless  the  same  be  raised  with  the  same  kind  of  ma- 
terial as  the  building,  and  except  that  such  new  roof  be  covered 
with  some  one  of  the  articles  mentioned  in  the  last  section  but 
one,  and  unless  such  building  when  so  raised  shall  not  exceed 
forty  feet  in  height  to  the  highest  part  thereof  ;  and  in  all  such 
brick  dwelling-houses  that  have  eight-inch  walls,  the  said  walls 
shall  not  exceed  forty  feet  in  height  ;  and,  also,  provided  that 
such  dwelling-house  exceed  twenty-five  feet  in  height  to  the  peak 
before  the  said  alteration.    If  any  such  building  shall  have  been 


f 


CONSTRUCTION  OF  BUILDINGS, 

built  before  t lit-  street  upon  wliith  it  is  located  is  graded,  Or  if 
the  grade  is  altered,  all  such  buildings  may  be  raised  or  lowered 

to  meet  the  requirements  of  such  grade.    And  no  brick  front  or  Steredfoi  

wooden  building  whatsoever  in  said  city  sliall  be  enlarged  or  'V"".,1.','.^""1" 
built  upon,  unless  the  exterior  walls  of  said  addition  or  enlarge- 
ment be1  Constructed  of  tiro-proof  materials  to  bo  approved  of  by 
i be  fire  department :  provided,  however,  that  such  brick  front  or 
wooden  building  only  may  be  raised,  lowered  or  altered  under 
the  circumstances  and  in  the  same  manner  especially  provided 
for  in  this  section  :  and  no  wooden  building  shall  be  removed 
from  one  lot  to  another  until  a  sworn  petition,  setting  forth  the 
purposes  of  said  removal  and  the  uses  to  which  said  building  is 
to  be  applied,  is  tiled  in  the  office  of  the  fire  department,  and  the 
written  consent  of  the  inspector  of  buildings  is  first  obtained 
1  herefor. 

$  497.  Every  wooden  or  frame  building  with  a  brick  or  other 

.        .  .  Colli)).  5-iO. 

front,  situated  in  the  said  city,  which  may  hereafter  be  damaged  wooden traM- 

by  fire  or  otherwise  to  an  amount  not  greater  than  one-half  the  one-wFbynre 

value  thereof,  at  the  time  of  such  damage,  may  be  repaired  or 

rebuilt  ;  but  if  such  damage  shall  amount  to  more  than  one-half 

of  such  value  thereof,  exclusive  of  the  value  of  the  foundation. 

then  such  building  shall  not  be  repaired  or  rebuilt,  but  shall  be 

taken  down.    The  amount  and  extent  of  such  damage,  by  fire  Extentof 

or  otherwise,  shall  be  determined  by  one  surveyor,  appointed  by  determined, 

said  fire  department,  and  one  surveyor  appointed  by  the  owner 

or  owners  of  the  said  premises  ;  and  in  case  those  do  not  agree, 

they  shall  appoint  a  third  party,  and  a  decision  of  a  majority  of 

them,  reduced  to  writing  and  sworn  to,  shall  be  conclusive,  and 

such  building  shall  in  no  manner  be  repaired  or- rebuilt  until 

after  such  decision  shall  have  been  rendered. 

49*.  No  building  already  erected  or  hereafter  to  be  built  in  . 

D  J  Cbmp.  641. 

said  city  shall  be  enlarged,  raised,  altered,  or  built  upon  such  Enlargement, 
manner  that,  were  such  building  wholly  built  or  constructed  ing  buildings, 
after  the  passage  of  this  act,  it  would  be  in  violation  of  any  of 
the  provisions  of  this  title.  And  before  any  building  built  of 
stone,  brick  or  iron,  or  any  wooden  building,  with  or  without  a 
brick  front,  in  any  part  of  said  city,  shall  be  enlarged,  raised, 
altered  or  built  upon,  the  same  shall  be  first  examined  by  said 
department  to  ascertain  if  the  building  or  buildings,  or  either  of 
them,  are  in  a  good  and  safe  condition  to  be  enlarged,  raised, 
altered,  or  built  upon  ;  and  no  such  buildings,  as  aforesaid, 
shall  be  enlarged,  raised,  altered,  or  built  upon  until  after  such 
examination  and  decision  :  and  the  decision  of  said  department, 
under  such  examination,  shall  be  final  and  conclusive  in  the 
premises,  and  shall  be  made  without  delay. 


i  ONSTRUCTION  OP  BUILDING8. 


Id.  2«, 

m  amended 
l I.  Ch.  547,  j»; 

alarms,  etc. 


Not  bins  to 
prevent 
building  frame 
buildings 
with  iuungle 
roofs  in  12th. 
23d  and  84Ul 
wards. 

1881,  oh.  184,  jl 


lSHl.ch.  450,<fc3.5 

Plumbing, 

drainage. 


4!»'.'.  Any  dwelling-house  now  erected,  or  that  may  Ij.  h 
after  be  creeled  more  than  two  stories  in  height/occupied  hy,  or 
built  to  he  occupied  hy  two  or  more  families,  on  any  floor 
above  the  first,  and  all  buildings  now  erected,  or  that  may  be 
hereafter  erected,  more  than  four  stories  in  height,  occupied  hy. 
or  huilt  to  ho  occupied  by  three  or  more  families,  above  the  first 
story,  and  any  building  already  erected,  or  that  may  hereafter 

l»e  erected  more  than  three  stories  in  height,  occupied  or  used,  or 
built  to  he  occupied  or  used  as  a  hotel,  hoarding  or  lodging- 
house,  or  any  factory,  mill,  offices,  manufactory  or  workshop, 
in  which  operatives  are  employed,  on  any  of  the  stories  ahove 
the  first  story,  and  every  building  in  an  isolated  position  already 
erected,  or  that  may  hereafter  be  erected,  more  than  three  stories 
in  height,  huilt  to  contain  or  that  does  contain  or  is  occupied  by 
three  <>f  more  families  above  the  first  story,  shall  he  provided 
with  such  fire-escapes,  alarms  and  doors  as  shall  be  directed  by 
the  fire  department:  and  the  said  department  shall  have  the 
power  in  determining  the  method  of  constructing  the  halls, 
stairways,  ceilings,  cellars,  flues,  furnaces,  fire-places,  and  heat- 
ers in  all  dwellings  hereafter  erected  in  said  city.  And  the  owner 
or  owners  of  any  building  upon  which  any  fire-escapes  may  now 
be,  or  may  hereafter  he  erected,  shall  keep  the  same  in  good  re 
pair  and  well  painted,  and  no  person  shall  at  any  time  place  any 
incumbrance  of  any  kind  whatsoever  upon  any  said  fire-escapes 
now  erected  or  that  may  hereafter  he  erected  in  said  city. 

§  9§0.  Nothing  in  this  title  contained  shall  be  so  construed  as 
to  prohibit  the  building  of  frame  buildings  with  shingle  roofs 
and  eight-inch  brick  foundation  walls  under  the  same,  in  the 
twelfth,  twenty-third  and  twenty-fourth  wards,  north  of  One 
Hundred  and  Fortieth  street.  Buildings  of  brick  not  exceeding 
two  stories  in  height  above  the  basement  may  also  he  erected  in 
said  district,  having  basement  walls  twelve  inches  in  thickness, 
and  walls  above  the  basement  eight  inches  in  thickness  con- 
structed of  hard  brick  and  good  mortar.  * 

501.  The  drainage  and  plumbing  of  all  buildings,  both  pub- 
lic and  private,  hereafter  erected  in  the  city  of  New  York  shall 
be  executed  in  accordance  with  plans  previously  approved  in 
writing  hy  the  board  of  health.  Suitable  drawings  and  descrip- 
tions of  the  said  plumbing  and  drainage  shall  in  each  case  be 
submitted  and  placed  on  file  in  the  health  department.  The  said 
hoard  of  health  is  also  authorized  to  receive  and  place  on  file 
drawings  and  descriptions  of  the  plumbing  and  drainage  of 
buildings  erected  prior  to  the  passage  of  this  act.  Any  person 
violating  any  provision  of  this  section  shall  be  deemed  guilty  of 
a  misdemeanor. 


(  OBSTRUCTION  OF  BUILDINGS. 


191 


§503.  [u  all  buildings  ol  a  public  character  already  erected  «n,ch.M6,f», 
or  hereafter  to  be  built  in  said  city,  such  as  hotels,  ohurehes,  aMntm 
theatres,   school-houses,    restaurants,  railroad   depots,    public  hotels.    ' "' 
halls,  and  otber  buildings  used  or  intended  to  be  used  for  pur-  u'.Hti  'V;.,,,! 

....  .  . .       .,     ,  ,  .     public  imii-.. 

poses  of  public  amusement  or  instruction,  the  balls,  doors,  stair- 
ways, seats,  and  aisles sliall  be  so  arranged  as  to  facilitate egres- 
in  cases  of  tire  or  accident,  and  to  afford  t be  requisite  and  proper 

accommodation  for  the  public  protection  in  such  cases,  and  all  Ataeo in public 

1  1  halls  ii"t  to  ba 

aisles  and  passage-ways  in  said  buildings  devoted  to  purposes  of 
amusement  or  instruction,  shall  be  kept  free  from  camp-stools,  • 
chairs,  sofas,  and  other  obstructions,  during  any  performance, 
service,  exhibition,  lecture,  concert,  ball,  or  any  public  assem- 
blage ;  and  the  fire  department  may  at  any  time  serve  a  written 
or  printed  notice  upon  the  owner,  lessee,  or  manager.of  any  of 
>aid  buildings,  directing  any  act  or  thing  to  be  done  in  or  about 
the  arrangement  of  the  said  buildings,  and  the  several  appli-  changes  in  * 
ances  therewith  connected,  such  as  halls,  doors,  stairs,  windows.  ,"'lu 
seats,  aisles  and  escapes,  so  as  to  afford  the  greatest  possible 
security  to  the  public  in  the  uses  to  which  they  maybe  severally 
applied. 

."top,.  Before  the  erection,  construction,  alteration  or  repair  owner  to 

i»  t     -i  t  <•  i  «.  -»t       -it     m     submit  stato- 

of  any  building  or  part  of  any  building  m  the  city  of  New  York  J^^^J 
is  commenced,  tbe  owner  shall  submit  to  the  fire  department  a  tm.cfa  nr.fi. 
detailed  statement,  in  writing,  of  the  specifications,  and  a  full 
and  complete  copy  of  the  plans  of  such  proposed  building,  erec- 
tion, alteration  or  repair,  which  shall  be  accompanied  with  a 
statement,  in  writing,  sworn  to  before  a  notary  public  or  com- 
missioner of  deeds,  giving  the  full  name  and  residence  (street  and 
number)  of  the  owner,  or  of  each  of  the  owners  of  such  build 
ing,  or  proposed  building.  If  such  erection,  construction,  alter- 
ation or  repair  is  proposed  to  be  made  by  any  other  person  than 
the  owner  or  owners  of  the  land  in  fee,  the  person  or  persons 
intending  to  make  such  erection,  alteration  or  repair,  shall  ac- 
company said  (Hailed  statement  of  the  specification  and  plans 
with  a  statement,  in  writing,  sworn  to  as  aforesaid,  giving  the 
full  name  and  residence  (street  and  number  i  of  the  owner  or 
owners  of  the  land,  and  also  of  every  person  interested  in  said 
building  or  proposed  building,  either  as  owner,  lessee,  or  in.  any 
representative  capacity.    Such  sworn  statement  may  be  made 

By  whom  to  be 

by  the  agent  of  the  person  or  persons  hereinbefore  required  to  made' rtc 
make  the  same,  when  duly  authorized  so  to  do  by  power  of  at- 
torney from  said  person  or  persons,  duly  executed  and  acknowl- 
edged, and  filed  with  said  sworn  statement.  Said  sworn  state- 
ment, power  of  attorney,  and  detailed  statement  and  copy  of 
the  plans  aud  specifications,  shall  be  kept  on  file  in  the  office  of 
the  inspector  of  buildings  in  the  fire  department:  and  the  erec 


U0NSTB1  CTIOM  of  BUILDDiGH, 


I'liwc-rs  "( 
Inspector  <•( 
hufldlnga, 


tion,  construction,  alteration  or  repair  of  said  building,  or  any 
part  thereof,  shall  not  he  commenced  or  proceeded  with  until 
said  sworn  statement  shall  have  heen  so  filed,  and  said  specifica- 
tions and  plans  shall  have  been  approved  by  the  inspector  of 
buildings.  But  the  inapector  of  buildings  may,  in  his  discretion, 
and  for  reasons  to  he  stated  in  writing  and  filed  with  the  plan  - 
and  sjtecitications,  dispense  with  the  making  of  said  sworn  state- 
ment in  any  ease.  Any  false  swearing  in  a  material  point  in 
any  statement  submit  led  in  pursuance  of  the  provision  of  thi 
#     section  shall  he  deemed  perjury  and  shall  he  punished  as  such. 

i87i,  ch. 025  3  504,  The  inspector  of  buildings,  under  and  subject  to  such 

1*1,  aa  amended  1  07  J 

1874, ch. M7, §8,  ndes,  regulations,  and  orders  as  niav  he  established  bv  the  fire 

(  Ollip.  51!!.  JO  J  J  v 

isho.i-ii.wi.  $i.  commissioners  shall  have  full  power  in  passing  uponany  quest  ion 
relative  to  the  mode,  manner  of  construction  or  materials  to  be 
used  in  the  election,  alteration  or  repair  of  any  building  in  the 
city  of  New  York,  where  the  same  is  not  specially  provided  for 
herein,  to  make  the  same  conform  to  the  true  intent,  meaning,  and 
spirit  ot  the  several  provisions  hereof;  and  shall  also  have  di- 
crotionary  power,  upon  application  therefor,  to  modify  or  vary 
any  of  the  several  provisions  of  this  title  to  meet  the  require* 
inents  of  special  cases  where  the  same  do  not  conflict  with  tho 
public  safety  and  the  public  good,  so  that  substantial  justice  may 
be  done  :  but  no  such  deviation  shall  be  permitted  except  a  rec- 
ord of  the  same  shall  be  kepi  by  said  department  and  a  certifi- 
Certufeato.  caf;C  ue  f\vs\  issued  to  the  party  applying  for  the  same  ;  such  cer- 
tilicate  shall  be  issued  only  upon  an  application  setting  forth  the 
facts,  sworn  to  by  the  applicant,  and  after  said  application  shall 
have  been  passed  upon  favorably  by  a  board  of  examiners  con- 
Homdof  sistingof  the  inspector  of  buildings,  a  member  of  the  examining 
committee  of  New  York  Chapter  of  the  American  Institute  of 
Architects,  one  of  the  ex-presidents  of  the*  New  York  Board  of 
Underwriters,  and  two  members  of  the  Mechanics  and  Traders 
Exchange  of  said  city,  one  of  the  latter  of  whom  shall  be  a  mas- 
ter carpenter  and  one  a  master  mason,  all  of  whom,  except  the 
said  inspector,  shall  be  selected  by  their  respective  organizations, 
and  so  certified  by  the  proper  officers  to  the  said  inspector ;  no 
application  shall  be  considered  as  passed  by  said  board  unless  the 
same^receive  three  affirmative  votes ;  no  member  of  said  board 
shall  pass  upon  any  question  in  which  he  is  pecuniarily  inter- 
ested. The  said  board  shall  meet  upon  notice  from  the  said 
inspector,  who  shall  be  chairman  of  the  board,  and  the  chief 
clerk  of  said  bureau  shall  act  as  clerk  of  said  board,  and  'shall 
keep  a  record  of  its  proceedings,  which  shall  be  filed  in  the  office 
of  the  bureau  of  inspection  of  buildings.  The  members  of  said 
board,  excepting  said  inspector,  shall  each  be  entitled  to  and 
Compensation,  shall  receive  ten  dollars  for  each  attendance  at  a  meeting  of  said 


t  o.YsTKLTTlON  OK  lU'll.Dl.SOS. 


board,  to  be  paid  by  the  comptroller  of  the  city  of  .New  York,  * 
from  tht-  contingent  fund  of  said  fire  department  upon  the 
voucher  of  said  inspector,  hut  iu  no  case  shall  they  he  entitled 
to  receive  compensation  for  more  than  two  meetings  in  any  one 

month.     And  provided  further  I  hat  n<>  permit  for  the  erection  ProTtoo 
of  any  structure  on  any  wharf,  pier,  or  bulkhead  shall  be  issued 
by  the  inspector  of  buildings,  except  by  and  with  the  approval 
of  the  said  board  of  examiners. 

3  5u5.  The  owner  or  owners  of  any  structure,  staging,  build-  n, 

,    ,1  .       -  l  •     -i    •    i     j  ,  •   ,  $.■£.',  Comp.  540. 

ing.  or  part  thereof,  Of  any  kind  whatsoever,  upon  which  any 
violation  of  this  title  may  be  placed  or  shall  exist,  whether  he 
or  they  be  the  owner  or  owners  of  the  land  in  fee  or  not,  or 
be  the  lessee  or  lessees  thereof,  or  has  or  have  a  qualified  or 
contingent  interest  therein  by  virtue  of  some  agreement  or  cou- 
t  pact  in  writing,  or  in  any  other  manner,  and  any  master  architect 
or  architects,  builders,  carpenters,  or  masons  who  may  be  em- 
ployed or  assist  therein,  and  any  and  all  persons  who  shall  vio- 
late auy  of  the  provisions  of  this  title,  or  fail  to  comply  there- 
with or  any  requirement  thereof,  or  shall  in  any  manner  be  lia- 
able  therefor,  shall  severally,  for  each  and  every  such  violation 
and  non-compliance,  respectively  forfeit  and  pay  a  penalty  in 
the  sum  of  fifty  dollars  ;  and  any  and  all  persons  who  shall  vio-  MoMof0tws0,a' 
late  any  of  the  provisions  of  this  title,  or  who  may  be  employed 
or  assist  therein,  or  who  shall  be  liable  therefor,  shall  severally,  Failure  to  re- 
for  every  such  violation  not  removed  or  requirement  not  com-  move  viola,ion 
plied  with,  within  ten  days  after  notice  thereof  shall  be  given  to 
bim  or  them  respectively,  forfeit  and  pay  an  additional  penalty 
in  the  sum  of  fifty  dollars,  for  the  recovery  of  which  said  pen- 
alties, or  either  of  them,  an  action  may  he  brought  in  auy  court 
of  competent  jurisdiction  ;  and  whenever  any  judgment  shall  Actions,  how 
bo  rendered  therefor,  the  same  shall  be  collected  and  enforced  as  judgments, 
prescribed  and  directed  by  the  Code  of  Civil  Procedure  ;  the  tire 
department  is  hereby  authorized,  in  its  discretion,  good  and  suf- 
ficient cause  being  shown  therefor,  to  remit  any  fine  or  fines, 
penalty  or  penalties,  which  any  person  or  persons  may  have  iu-  fln"s!*ii'"'n  of 
curred,  or  may  hereafter,  incur,  under  any  of  the  provisions  of 
this  title. 

§  606.  All  courts  of  civil  jurisdiction  in  the  city- of  New  York  mn.ch. 023,533, 
shall  have  cognizance  of  and  jurisdiction*  over  all  suits  and  pro-  jurisdiction  ot 
ceedings  by  this  title  authorized  to  be  brought  for  the  recovery  courl3 
of  any  penalty  and  the  enforcement  of  any  of  the  several  provi- 
sions of  this  title;  and  any  court  of  record  in  said  city,  or  any 
judge  or  justice  thereof,  shall  have  power  at  any  time  after  the 
service  of  notice  of  the  violation  of  any  of  the  provisions  of  this 
title,  and  upon  the  affidavit  of  the  inspector  of  buildings,  to  re- 
strain by  injunction  order  the  further  progress  of  any  violation  injunction. 


ll>4  CONSTRUCTION  OF  BUILDINGS, 

named  i 1 1 1 1 1 its  title,  or  of  any  work  upon  or  about  the  building 
or  promises  upon  which  the  said  violation  exists;  and  no  under- 
taking shall  be  required  as  a  condition  to  the  granting  or  Miming 
of  such  injunction,  or  by  reason  thereof;  and  all  courts  in  which 
any  such  suit,  suits  or  proceedings  are  instituted  shall,  niton  tin- 
rendition  of  a  verdict,  report  of  a  referee,  or  decision  of  a  judge 
<>r  justice  for  any  penalty  or  penalties,  render  judgment  for  the 
amount  of  such  penalty  or  penalties  and  costs;  and  the  said 
Judgment  toi>.  judgments  so  rendered  shall  he  and  become  a  lien  upon  the  prem- 
preim>ee  ises  named  in  the  complaint  in  any  such  action,  to  date  from  Un- 
tune of  the  tiling  in  the  county  clerk's  office  in  the  city  of  New 
Vork  of  a  notice  of  lis  pendens  therein;  which  lien  may  bo  en- 
forced against  said  property  in  every  respect,  notwithstanding 
the  same  may  be  transferred  subsequent  to  the  filing  of  the  said 
notice.  In  no  case  shall  the  said  fire  department  or  the  corpora- 
tion of  the  city  of  New  York  ho  liable;  for  costs  in  any  action, 
suit  or  proceeding  that  may  have  already  been  or  may  hereafter 
he  instituted  or  commenced  by  the  said  department  in  pursuance 
of  this  title. 

i?«i,ch.  687,  ,§  507.  All  notices  of  the  violation  of  any  of  the  provisions  of 
KsM'.'ii  m'nainn  this  title,  and  all  notices  directing  any  thing  to  be  done  required 
ment, how  by  this  title,  and  all  other  notices  that  may  be  required  or  au- 
thorized to  he  issued  thereunder,  including  notice  that  any  build- 
ing, structure,  premises,  or  any  part  thereof,  are  deemed  unsafe 
or  dangerous,  shall  he  issued  in  the  name  of  the  fire  department 
of  the  city  of  New  York,  and  shall  have  the  name  of  the  in- 
spector of  buildings  affixed  thereto,  and  may  be  served  by  any 
officer  or  employee  of  the  said  department,  or  by  any  person  au- 
thorized by  the  said  department;  all  such  notices  and  any  notice 
or  order  issued  by  any  court  in  any  proceeding  instituted  by  the 
attorney  to  said  department,  to  restrain  or  remove  any  violation 
or  to  enforce  compliance  with  any  provision  or  requirement  of 
this  title,  may  ho  served  by  leaving  a  copy  of  the  same  with  any 
person  or  persons  violating,  or  who  may  be  liable  under  any  of 
the  several  provisions  of  this  title,  or  to  whom  the  same  may  be 
addressed,  and  if  such  person  or  persons  cannot  be  found  after 
diligent  search  shall  have  been  made  for  him  or  them,  then  such 
notice  or  order  may  bo  served  by  posting  the  same  in  a  conspicu- 
ous place  upon  the  premises  where  such  violation  is  alleged  to 
have  been  placed  or  to  exist,  or  to  which  such  notice  or  order 
may  refer,  or  which  may  be  deemed  unsafe  or  dangerous,  which 
shall  be  equivalent  to  a  personal  service  of  said  notice  upon  all 
parties  having  any  interest  in  said  premises,  or  to  whom  such 
notice  or  order  may  be  addressed,  or  who  may  be  liable  for  any 
violation  under  any  of  the  provisions  of  this  title;  and  such  no- 
tice or  order  shall  contain  a  description  of  the  building,  premises 


CONSTRUE  HON  OF  BUILDINGS. 


or  property  upon  which  such  violation  shall  have  been  put  or 
may  exist,  of  w  hich  may  he  deemed  unsafe  or  dangerous,  or  to 
which  such  notice  or  order  may  refer. 

;j  .")OS.  Any  and  all  persons  who,  after  having  been  personally  j^/^'if ''^ 
served  with  the  notice  of  violation  as  hereinhefore  prescrihed, 
shall  fail  to  comply  therewith,  and  shall  continue  to  violate  any 
of  the  several  provisions  of  this  title,  or  who  shall  he  accessory 
thereto,  shall,  in  addition  to  the  other  penalty  or  penalties  in  this 
title  provided,  he  deemed  guilty  of  a  misdemeanor,  and  upon 
a  complaint  being  made  by  the  inspector  of  huildings.  before 
any  police  justice  or  any  court  of  criminal  jurisdiction  within  S^s'Ste0 
the  city  of  New  York,  shall  he  arrested  and  held  to  hail  by  said  !,,;;,1i;.'.'nil"I!',iv 
justice  or  said  court,  and,  upon  conviction  of  such  offense,  shall 
be  lined  in  a  sum  not  exceeding  two  hundred  and  fifty  dollars, 
or  may  be  imprisoned  for  a  term  not  to  exceed  six  months;  said 
fine  or  imprisonment  to  be  imposed  in  the  discretion  of  the 
judge,- justice  or  court  by  whom  said  person  so  arrested  and  held 
to  bail  shall  be  tried;  and  said  criminal  courts,  and  the  judges 
thereof  respectively,  are  hereby  authorized  to  act  and  do  as  afore- 
said. 

:;  508.  Any  building  or  buildings,  part  or  parts  of  a  building,  1,1  "r 
staging  or  other  structure  in  the  city  of  New  York,  that,  from 
any  cause,  may  now  be.  or  shall  at  any  time  hereafter  become, 
dangerous  or  unsafe,  may  be  taken  down  and  removed,  or  made 
safe  and  secure  in  the  manner  following:  Immediately  upon  such 
unsafe  or  dangerous  building  or  buildnigs,  or  part  or  parts  of  a  Unsafe bufld- 

°  " .  o  7         i  I  Inpi,  now 

building,  staging  or  structure,  being  so  reported  by  any  of  the  J5Jj 


:ured  or 


emoved. 


officers  of  the  fire  department,  the  same  shall  be  immediately  en- 
tered upon  a  docket  of  unsafe  buildings,  to  be  kept  by  said  de- 
partment, and  the  owner  or  some  one  of  the  owners,  executors, 
administrators,  agents,  lessees,  or  any  other  person  or  persons 
who  may  have  a  vested  or  contingent  interest  in  the  same,  may 
be  served  with  a  printed  or  written  notice  containing  a  descrip- 
tion of  the  premises  or  structure  deemed  unsafe  or  dangerous, 
requiring  the  same  to  be  made  safe  and  secure,  or  removed,  as 
the  same  may  be  deemed  necessary  by  the  said  department, 
which  said  notice  shall  require  the  person  or  persons  thus  served 
to  immediately  certify  to  the  department  his  or  their  assent  or 
refusal  to  secure  or  remove  the  same. 

,^  010.  If  the  person  or  persons  so  served  with  notice  shall  u.  537 
immediately  certify  his  or  their  assent  to  the  securing  or  removal 
of  said  unsafe  or  dangerous*  building,  premises  or  structure,  he 
or  they  shall  be  a  lowed  until  twelve  o'clock  noon  of  the  day  fol- 
lowing the  service  of  such  notice,  in  which  to  commence  the 
securing  or  removal  of  the  same;  and  he  or  they  shall  employ 
sufficient  labor  and  assistance  to  secure  or  remove  the  same  as 


CONSTRUCTION  <>l  BUILDINGS 


Securing  build 
ingsor  removal 
1  Ai>h.  N.  0. 
104,68  N.  Y.  118. 


Report  of 
survey. 


1871,  ch.625,  $38. 
i  'omp.  .">4ii. 


Report  to  !»• 

Milunitted  to 

court. 

;  Hun,  175. 

Trial  to  have- 

precedence. 


expeditiously  as  the  same  can  be  done;  but  upon  his  or  their  re- 
fusal or  neglect  to  comply  with  any  of  the  requirements  of  said 
notice  so  served,  then  a  Further  notice  shall  be  served  upon  the 
person  or  persons  heretofore  named  and  in  the  maimer  hereto- 
fore prescribed,  notifying  him  or  them  tbat  a  survey  of  the  prem- 
ises named  in  the  said  notice  will  be  made  at  the  time  and  place 
therein  named, which  time  may  not  be  less  than  twenty -four  hours 
or  more  than  three  days  from  the  time  of  the  service  of  the  said 
notice,  by  three  competent  persons,  each  of  whom  shall  be  a  prac- 
tical builder  or  architect,  and  one  of  whom  shall  be  the  inspec- 
tor of  buildings,  another  of  whom  shall  be  an  architect,  ap- 
pointed by  the  New  York  Chapter  of  the  American  Institute  of 
Architects  of  said  city,  and  another  Of  whom  shall  be  appointed 
by  the  person  or  persons  thus  notified,  upon  whose  neglect  or 
refusal  to  appoint  such  surveyor,  however,  the  said  other  two 
surveyors  may  make  such  survey,  and  in  case  of  a  disagreement, 
shall  appoint  a  third  person  to  take  part  in  such  survey,  who 
shall  also  be  either  a  practical  builder  or  architect,  whose  deci- 
sion shall  be  final;  and  that  in  case  the  said  premises  shall  be  re- 
ported unsafe  or  dangerous  under  such  survey,  the  said  report 
will  be  placed  before  a  court  therein  named  having  jurisdiction 
to  the  extent  of  one  thousand  dollars,  and  that  a  trial  upon  the 
allegations  and  statements  contained  in  said  report  will  be  had 
before  said  court,  at  a  time  and  place  therein  named,  to  deter 
mine  whether  said  unsafe  or  dangerous  building  or  premises 
shall  be  repaired  or  secured,  or  taken  down  and  removed,  and  a 
report  of  such  survey  reduced  to  writing  shall  constitute  the  Is- 
sue to  be  placed  before  the  court  for  trial. 

^  511.  Whenever  the  report  of  any  such  survey  had  as  afore- 
said shall  recite  that  the  building,  premises,  or  structure  thus 
surveyed  are  unsafe  or  dangerous,  the  attorney  of  the  fire  de- 
partment shall,  at  the  time  in  the  said  notice  named,  place  said 
notice  and  report  before  the  judge  or  justice  holding  the  cham- 
bers of  the  court  in  the  said  notice  named,  which  said  judge  or 
justice  shall  immediately  proceed  to  obtain  and  impanel  a  jury, 
and  to  the  trial  of  said  issue  before  said  jury,  whose  verdict  shall 
be  conclusive  and  final,  and  shall  try  said  issue  without  adjourn- 
ment, except  as  may  be  necessary  from  day  to  day,  giving  prece- 
dence to  the  trial  of  this  issue  over  every  other  business;  and  said 
judge  or  justice  shall  have  power  to  impanel  a  jury  for  that  pur- 
pose from  any  jurors  in  attendance  upon  said  court,  or  in  case 
sufficient  jurors  shall  not  be  in  attendance,  then  from  any  jurors 
that  may  be  summoned  for  that  purpose;  and  said  judge  or  jus- 
tice shall  have  power  t^  summon  jurors  for  that  purpose:  and 
any  such  suit  or  proceeding  commenced  before  a  judge  or  justice 
may  be  continued  before  another  judge  or  justice  of  the  same 


> 


(  (ASTIU'CTION  OK  BUILDINGS. 


Court;  ;i  jury  (rial  may  be  waived  l>y  the  default  of"  (Ik;  def't'iid 

ant  or  defendants  to  appear  al  the  time  and  place  named  in  the 
said  notice  or  by  agreement,  and  in  such  cases  the  trial  may  be 
by  court,  judge,  justice,  or  referee,  whose  report  or  decision  in 
the  matter  shall  he  final;  and  upon  (he  rendition  of  a  verdict  or 
decision  of  the  court,  judge,  justice,  or  referee,  if  the  said  verdict 
or  decision  shall  find  the  said  building,  premises,  or  structure  to 
be  unsafe  or  dangerous,,  the  judge  or  justice  li  ving  said  cause, 
or  to  whom  the  report  of  the  referee  trying  said  cause  shall  be 
presented,  >hall  immediately  issue  a  precept  out  of  said  court,  Precept  to  ia«« 
directed, to  the  commissioners  of  (he  fire  department,  reciting  u'nMUe7,m!!im. 
said  verdict  or  decision,  and  commanding  (hem  forthwith  to  orremored 
repair  and  secure,  or  take  down  and  remove,  as  the  same  maybe, 
in  accordance  with  said  verdict  or  decision,  said  unsafe  or  dan- 
gerous building,  buildings,  part  or  parts  thereof,  staging,  struc- 
ture, or  other  premises  that  shall  have  been  named  in  the  said 

notice;  and  said  commissioners  >hall  immediately  thereupon 

,       .     ,,  .  Execution  of 

proceed  to  execute  said  precept  as  therein  directed,  and  may  em-  precept 

ploy  such  labor  and  assistance  and  furnish  such  materials  aS  indorsement  ol 
may  be  necessary  for  that  purpose,  and  after  having  so  done,  said  - '°" 
commissioners  shall  make  return  of  said  precept,  with  an  endorse- 
ment of  their  action  thereunder. and  the  costs  and  exx>enses  thereby 
iucurred,to  the  judge  or  justice  then  holding  the  chambers  of  the 
said  court,  and  thereupon  said  judge  or  justice  shall  tax  and  adjust 
the  amount,  indorsed  upon  said  precept,  and  shall  adjust  and  al- 
low disbursements  and  costs  of  said  proceedings  to  said  attorney  costaanddi* 
at  and  after  the  rate  provided  in  the  Code  of  Civil  Procedure  in 
that  class  of  actions  where  judgments  on  failure  to  answer  can      .  • 
only  be  taken  on  application  to  the  court,  together  with  prelimi- 
nary expenses  of  searches  and  survey,  which  shall  be  inserted  in 
the  judgment  in  said  action  or  proceeding,  and  shall  render  judg- 
ment for  such  amount  and  for  the  sale  of  the  said  premises  in  the 
said  notice  named,  together  with  air  the  right,  title,  and  interest  Judgment  tone 

'  i  '  rendered  there- 

that  the  person  or  persons,  or  either  of  them,  named  in  the  said  f<]>\  and  for  sale 

x  ±  '  of  premises. 

notice,  had  in  the  lot,  ground,  or  land  upon  which  the  said 
building  or  structure  was  placed,  at  the  time  of  the  filing  of  a  no- 
tice of  lis  pendens  in  the  said  proceedings,  or  at  the  time  of  the 
entry  of  judgment  therein,  to  satisfy  the  same:  which  sale  shall 
be  in  the  same  manner  and  with  like  effect  as  sales  under  judg- 
ment in  foreclosure  of  mortgages:  and  in  case  such  premises  S^jg^  " 
shall  not  sell  for  sufficient  to  satisfy  the  amount  ordered  to  be 
paid  by  such  judgment,  the  deficiency  may  be  collected  by  execu- 
t  ion -on  said  judgment  against  the  owner,  or  any  one  of  the  owners, 
of  the  said  premises.  And  in  and  about  all  preliminary  proceed- 
ings, as  well  as  the  carrying  into  effect  any  order  of  the  court 
or  any  precept  issued  by  any  court,  the  board  of  fire  commit- 


lOtf  CO  N  ST  R  U  CT I O  N*  OF  BUILDINGS. 

• 

sioners  may  make  requisition  upon  the  comptroller  of  the  city 
and  county  of  New  York  for  such  amount  or  amounts  of  money 
as  shall  be  necessary  to  meet  the  expenses  thereof;  and  upon 
the  same  being  approved  by  any  judge  or  justice  of  the  court 

foramom,tof    fiom.which  tfce  said  order  or  precept  was  issued,  and  presented 

ex^nnes.  to  sai(|  comptroller,  he  shall  pay  the  same;  and  for  that  purpose 
shall  borrow  and  raise  upon  a  revenue  bond,  t,"  be  issued  in  the 
name  of  the  mayor,  aldermen  and  commonalty  of  the  said  city, 
the  several  amounts  that  from  time  to  time  may  be  required, 
which  shall  be  reimbursed  by  the  payment  of  the  amount  and 

bS»eS!,,n  interest  at  seven  per  cent,  out  of  the  judgment  or  judgments 
obtained  as  aforesaid,  if  the  same  shall  be  collected.  Incase 
said  issue  shall  not  be  tried  at  the  time  specified  in  said  notice, 
or  to  which  the  trial  may  be  adjourned,  the  same  may  be  brought 
to  trial  any  time  thereafter  by  said  commissioners,  without  a 
new  survey,  upon  not  less  than  three  days'  notice  of  trial  to  the 
person  or  persons  upon  whom  the  original  notice  was  served,  or 
to  his  or  their  attorney,  which  notice  of  trial  may  be  served  in 
the  same  manner  as  said  original  notice. 

c©mphM& ' ,89,  §512.  Provided,  nevertheless,  that  immediately  upon  the  is- 
suing of  said  precept,  the  owner  or  owners  of  said  building  or 
premises,  or  any  party  interested  therein,  upon  application  to 
said  fire  department,  shall  be  allowed  to  perforin  the  require- 

Bight of  owm-r  ments  of  said  precept  at  his  or  their  own  proper  costs  and  ex 

to  perforin  .      1  *  ,  .     1  1 

requirements  pense,  provided  the  same  shall  be  done  immediately,  and  in  ac- 
cordance with  the  requirements  of  said  precept,  upon  the  pay- 
ment of  all  costs  and  expenses  incurred  up  to  that  time. 
i88i,  cL.  «87,  ga  |  513.  In  case  any  notice  or  direction  authorized  to?  be  issued 
m'eV<el!ofire  by  this  t it lo  is  not  complied  with  within  ten  days  after  the  sorv- 
vrfth.  cotnp  ice  thereof,  the  fire  department  of  the  city  of  New  York  may,  in 
its  discretion,  apply  to  the  supreme  court  for  the  city  and  county 
of  New  York,  at  a  special  term  thereof,  at  chambers,  for  an 
order  directing  the  fire  department  to  proceed  to  make  the  al- 
terations, or  remove  the  violation  or  violations,  as  the  same 
may  be  specified  in  said  notice  or  direction.  Whenever  any  no- 
tice requiring  fire  escapes,  alarms  or  doors  to  be  placed  in  or 
upon  any  building  shall  have  been  served  as  directed  in  this 
title,  and  the  same  shall  not  have  been  complied  with  within  ten 
days  after  service  thereof ,  the  fire  department  of  the  city  of  New 
York  may,  in  its  discretion,  apply  to  the  supreme  court  of  the  city 
and  county  of  New  York,  at  a  special  term  at  chambers,  for  an  or- 
der directing  the  fire  department  to  vacate  such  building  or  prem- 
ises, or  so  much  thereof  as  said  department  may  deem  necessary, 
and  prohibiting  the  same  to  be  used  or  occupied  for  any  purpose 
specified  in  said  order,  until  such  notice  shall  have  been  com- 
plied with.    The  sum  of  twenty- five  dollars  shall  be  allowed  as 


CONSTRICTION  ()K  IU  II.DlVt.S. 


L9H 


costs  to  the  attorney  of  said  department,  under  and  by  virtue  of 
the  said  applications  and  proceedings,  orof  cither  of  tlicin,  which 
said  amount,  with  all  costs,  expenses,  and  disbursements incurred 
in  the  carrying  out  of  any  said  cider  or  orders,  shall  become 
a  lien  upon  said  building  or  premises  named  in  the  said  notice, 
from  the  time  of  tiling  of  a  copy  of  the  said  notice,  with  a  notice 
of  the  proceedings  taken  thereunder,  in  the  otlice  of  the  clerk  of 
the  city  and  county  of  New  York;  and  the  said  supreme  court, 
«>r  a  judge  or  justice  thereof,  to  whom  application  shall  he  made, 
is  hereby  authorized  and  directed  to  grant  any  of  the  orders 
above  named,  and  to  take  such  proceedings  as  shall  he  necessary 
to  make  the  same  effectual,  and  any  said  judge  or  justice  to 
whom  application  shall  he  made  is  herehy  authorized  and  di- 
rected to  enforce  such  lien  in  accordance  with  the  mechanics'  5lf°JJ*men< 
lien  law  of  the  city  of  New  York;  and  in  case  either  of  the  no- 
tices hereinhefore  mentioned  shall  ho  served  upon  any  lessee  or 
party  in  possession  of  the  building  or  premises  therein  described, 
it  shall  be  the  duty  of  the  person  upon  whom  such  service  is 
made  to  give  immediate  notice  to  the  owner  or  agent  of  said 
building  named  in  the  notice,  if  the  same  shall  be  known  to  the 
said  personTpersonally,  if  such  person  shall  be  within  the  limits 
of  the  city  of  Xew  Y'ork,  and  his  residence  known  to  such  person, 
and  if  not  within  said  city,  then  by  depositing  a  copy  of  said 
notice  in  the  Xcw  York  post-office,  properly  inclosed,  and  ad- 
dressed to  such  owner  or  agent,  at  his  then  place  of  residence,  if 
known,  and  by  paying  the  postage  thereon  ;  and  in  case  any 
lessee  or  party  in  possession  shall  neglect  or  refuse  to  give  such 
notice  as  herein  provided,  he  shall  be  personalh*  liable  to  the 
owner  or  owners  of  said  building  or  premises  for  all  damages  he 
or  they  shall  sustain  by  reason  thereof. 

£  514.  All  the  officers  of  the  bureau  of  inspection  of  build-  Jal^d^*76, 
ings,  except  clerks  and  messengers,  shall  be  either  practical  ar-  isw. <*•  bm.  ! 
chitects,  house  carpenters,  or  masons,  and  shall  have  served  a 
regular  apprenticeship  as  such,  and  shall  make  an  affidavit  to  QUaHacatfwu 
that  effect,  which  shall  be  filed  in  the  office  of  the  fire  depart-  g^^^J0' 
ment  before  their  appointment  to  office  in  said  bureau,  and  all  i"^,^"nnf 
said  officers,  except  the  chief  officer  of  said  bureau,  shall,  before 
theft  appointment  to  office  in  said  bureau,  pass  an  examination 
before  the  board  of  examiners,  referred  to  in  section  five  him-  seei8n,ch.«s, 
dred  and  four  of  this  act,  and  shall  furnish  a  certificate  of  such  |^2£?6«\s£ 
examination  from  said  board, 'certifying  to  their  competency  to  ton,p 
perform  the  duties  of 'said  office,  which  certificate  shall  be  filed 
in  the  office  of  the  fire  department.    It  shall  not  be  lawful  for 
any  officer  or  employee  of  said  bureau  to  be  engaged  in  conduct- 
ing or  carrying  on  business  as  an  architect,  carpenter,  mason,  or 
builder  while  holding  office  in  said  bureau. 


L'on 


THE  FIRE  DEPARTMENT. 


T87l.cli.fi2r,,  |48, 
Comp.  5-19. 
Attorney  of  fire 
department  to 

Conduct  legal 

proceedings. 


To  render 
nnnual  account 
of  receipts  to 
OOmpt  roller. 


1871  ,ch.  625,  §44, 
Comp.  550. 
1880,  Ch.  521,  fl. 


Right  of  offi- 
cers to  enter 
buildings,  etc. 


1871.eh.G25.  §45, 
Coiup.  550. 


$  515.  The  attorney  to  the  lire  department  shall  lie- authorized 
to  sue  for  and  collect  all  penalties  and  take  charge  of  and  con- 
duct all  legal  proceedings  imposed  or  provided  for  by  this  title  ; 
and  all  suits  or  proceedings  ins!  Muted  for  the  enforcement  of  any 
of  the  several  provisions  of  the  preceding  seetions  of  this  title,  or 
for  the  recovery  of  any  penalty  thereunder,  shall  he  brought  in 
the  name  of  the  fire  department  of  the  city  of  New  York  by  the 
said  attorney,  to  whom  all  notices  of  violation  shall  be  returned 
for  prosecution,  and  it  shall  be  his  duty  to  take  charge  of  the 
prosecution  of  all  such  suits  or  pjoceedings.  colle  t  and  receive 
all  moneys  that  may  be  collected  upon  judgment-,  suits,  or  pro- 
ceedings so  instituted,  and  upon  settlement  of  judgment  and 
removal  of  violations  thereunder  execute  satisfaction  therefor, 
and  he  shall  on  the  first  of  each  and  every  yen-  render  to  the 
comptroller  of  the  city  of  New  York  an  account  of  all  penalties 
received,  and  shall  thereupon  pay  over  to  the  said  comptroller  the 
amount  of  such  penalties  collected  by  him,  which  shall  be  held 
by  the  said  comptroller  as  a  fund  for  the  use  and  benefit  of  tin- 
said  department,  for  the  purpose  of  carrying  into  effect  any 
order  or  precept  issued  by  any  court  or  judge  or  justice  thereof 
in  this  title  named,  to  the  said  department  or  inspector  of  build 
ings;  and  the  said  comptroller  shall  pay  over,  from  time  to  time, 
out  of  the  said  fund,  upon  the  requisition  of  true  said  board,  such 
sum  or  sums  as  may  be  allowed  and  adjusted  by  the  said  court, 
or  a  judge  or  justice  thereof,  for  such  purpose,  so  far  as  the 
same  may  be  in  his  hands. 

£  51G.  The  attorney  of  said  fire  department  and  the  officers, 
clerks,  and  messengers  of  the  said  bureau  of  inspection  of  build- 
ings, shall  perform  such  duties  as  they  and  each  of  them  may 
be  directed  to  do  and  perform  by  the  board  of  fire  commis- 
sioners. All  the  officers  appointed  under  this  title  shall,  so  far 
as  may  be  necessary  for  the  performance  of  their  respective 
duties,  have  the  right  to  enter  any  building  or  premises  in  said 
city. 

§  517.  It  shall  be  the  duty  of  the  fire  department  to  report, 
on  the  first  day  of  each  month,  to  the  Xewr  York  board  of  fire 
underwriters  of  said  city,  all  unsafe  or  dangerous  buildings,  and 
any  information  that  he  may  deem  important  to  said  board.' 


Title  6.— Relief  Fund  and  Pensions. 


1871,  ch.  742. 
•ill,  as  amended 
1877,  ch.  18U. 
1879.  ch.  119, 
Comp.  401. 
Fund,  how 
constituted. 


§  518.  All  fines  imposed  by  the  board  of  fire  commissioners, 
upon  members  of  the  fire  department  force,  by  way  of  dis- 
cipline, and  collectible  from  pay  or  salary,  and  all  rewards  in 
money,  fees,  gifts,  and  emoluments  that  may  be  paid  or  given 
for  account  of  extraordinary  services  by  any  member  of  said 


THE  FIRE  DEPARTMENT. 


force  (except  w lien  allowed  to  be  retained  by  said  member,  or 
given  to  endow  a  medal  or  oilier  permanent  or  competitive  re 

ward),  and  all  proceeds  of  suits  for  penalties  under  title  three  of 
tins  chapter,  and  all  license  fees  payable  under  the  same,  or  un- 
der the  law  with  the  execution  of  which  the  fire  department  i- 
now  or  may  hereafter  be  charged,  shall  be  received  by  the 
I  l  easurer  of  the  said  board  for  the  time  being,  and  applied  In 
him  for  the  purposes  of  the  trust,  fund  hereinafter  mentioned. 
The  commissioners  of  the  tire  department  in  the  city  of  New 
York  for  the  time  being,  and  their  successors  in  office,  are  Trustees  of 
hereby  continued  as  tlie  trustees  of  the  fund  known  as  •  tin- 
New  York  fire  department  relief  fund,"  and  the  treasurer  of 
the  said  board,  for  the  time  being,  who  shall  be  the  treasurer  Treasure! 
ex-oflieio  of  said  relief  fund,  shall  receive  all  moneys  applicable 
to  the  same,  and  deposit  the  same,  as  such  treasurer  of  such  re- 
lief fund,  to  the  credit  of  such  relief  fund,  in  a  savings  bank  to  <•.,„■  ,,,,.1.1,. 

■  '  7  0  posit  Of  fiillil. 

be  selected  by  said  trustees,  and  continue  to  receive  and  deposit 
funds  applicable  to  the  same  as  received,  to  the  credit  of  said 
fund,  or  to  invest  the  same  on  bond  and  mortgage  on.  improved  treatment, 
property  worth  twice  the  amount  loaned,  or  in  public  stocks,  as 
said  trustees  may  deem  most  advantageous  for  the  object  of 
such  fund;  and  said  trustees  are  empowered  to  make  all  neces- 
sary contracts,  and  to  take  all  necessary  remedies  in  the  prem- 
ises. The  treasurer  of  said  fund  shall  give  a  bond,  with  one  or  !2?><* 
more  sureties,  in  the  sum  of  twenty  thousand  dollars,  for  the 
faithful  performance  of  his  duties,  said  bond  to  be  approved  by 
the  comptroller  and  filed  in  his  office.  And  the  said  trustees, 
for  and  on  behalf  of  tlie  uses  and  purposes  of  said  fund,  shall  be 
entitled  to  receive,  and  there  shall  be  paid  to  them  all  duties, 
taxes,  allowances,  fines,  penalties,  and  fees  to  which  the  fire  de- 
partment of  the  city  of  New  York,  as  at  any  time  heretofore 
established,  has  been  or  is  entitled  except  as  in  this  act  other-  betmesi 
wise  specially  provided  and  the  said  trustees  may  take,  by  gift,  etc- 
grant,  demise,  or  bequest,  any  money,  real  or  personal  property, 
rights  of  property,  or  other  valuable  thing,  the  annual  income 
of  which  shall  not  exceed  thirty  thousand  dollars  in  the  whole; 
and  in  any  year,  when  the  condition  of  the  said  relief  fund  shall 
render  it.  in  the  judgment  of  the  said  trustees,  necessary,  the 
board  of  fire  commissioners  may  receive  from  the  authorities  of 
the  city  of  New  York  a  sum  not  exceeding  five  thousand  dol- 
lars, to  be  included  in  the  annual  estimate  of  the  board,  and 
drawn  and  collected  by  them  in  like  manner  as  the  other 
moneys  applicable  to  their  expenses;  and  such  amounts  so  ob- 
tained shall,  in  like  manner,  be  paid  to  and  applied  by  the 
treasurer  to  the  use  of  said  fund, by  deposit  or  investment  as  here- 
inbefore  provided,  as  the  trustees  thereof  shall  direct;  provided 


202 


PENSIONS  I  N  FIRE  DEPARTMENT. 


bimil  of 
treasurer. 


1871,  ch.  748, 
1 1 1.  as  amended 
1877,  <;h.  1W, 
mid  1M7II,  ch. 
ii;»,  Pomp.  tOS. 

RetliAng  of 
members  of  tire 
department 

Pensions. 


How  deter- 
mined. 

Total  disability. 


Partial  disn- 
bility. 


that  the  sum  of  two  bundled  thousand  dollars,  which  may  be 
received  and  accumulated  under  the  provisions  of  this  title, 
shall  be  reserved  and  retained  as  a  permanent  fund,  the  annual 
income  of  which  may  he  made  availahle  for  the  use  and  pur- 
poses of  said  relief  fund. 

519.  The  boanl  of  fire  commissioners  shall  have  the  power, 
by  a  unanimous  vote,  to  retire  from  all  service  in  the  said  fire 
department,  or  to  relieve  from  service  ai  tires,  any  officer  or 

member  of  the  uniformed  force  of  the  said  department),  who  may, 
upon  an  examination  by  the  medical  officer,  ordered  by  the 
said  fire  commissioners,  he  found  to  he  disqualified,  physically 
* *r  mentally,.for  the  performance  of  his  duties;  and  the  said 
officer  or  member  so  retired  from  service  shall  receive  from  Un- 
said relief  fund  an  annual  allowance  as  pension  in  case  of  the 
total  disqualification  for  service,  or  as  compensation  for  limited 
service,  in  case  of  partial  disability;  in  every  case  the  said  board 
of  lire  commissioners  to  determine  the  circumstances  thereof; 
and  said  pension  or  allowance  so  allowed  to  be  in  lieu  of  any 
salary  received  by  such  officer  or  member  at  the  date  of  his  being 
so  relieved  or  retired  from  fire  duty  in  said  department;  and  the 
said  department  shall  not  be  held  liable  for  the  payment  of  any 
claim  or  demand  for  services  thereafter  rendered;  and  the  amount 
of  such  pension  or  allowance  shall  he  determined  upon  the  fol- 
lowing conditions:  In  case  of  total  permanent  disability,  caused 
in  or  induced  by  the  actual  performance  of  the  duties  of  his 
position,  or  which  may  occur  after  ten  years' active  and  continu- 
ous service  in  the  said  fire  department,  the  amount  of  annual 
pension  to  be  allowed  shall  he  one-half  of  the  annual  compensa- 
tion allowed  such  officer  or  member  as  salary  at  the  date  of  his 
retirement  from  the  service,  or  such  less  sum  in  proportion  to 
the  number  of  officers  and  members  so  retired,  as  the  condition 
of  the  fund  will  warrant.  In  case  of  total  permanent  disability 
not  caused  in  or  induced  by  the  actual  performance  of  the  duties 
of  his  position,  or  which  shall  have  occurred  before  the  expira- 
tion of  ten  years9  active  and  continuous  service  in  the  said  fire 
department,  the  amount  of  annual  pension  to  be  allowed  sholl 
be  one-third  of  the  annual  compensation  allowed  such  officer  or 
member  as  salary,  at  the  date  of  his  retirement  from  the  service, 
or  in  proportion  to  the  number  of  officers  and  members  so  re- 
tired as  the  condition  of  the  fund  will  warrant.  In  case  of  par- 
tial permanent  disability,  caused  in  or  induced  by  the  actual 
performance  of  the  duties  of  his  position,  or  which  may  occur 
after  ten  years'  active  and  continuous  service  in  the  said  fire  de- 
partment, the  officer  or  member  so  disabled  shall  be  relieved 
from  active  service  at  fires,  but  shall  remain  a  member  of  the 
uniformed  force,  subject  to  the  rules  governing  said  force,  and 


THE  PIBE  DEF  HITMEN  L\ 


to  the  performance  of  surh  light  duties  us  the  medical  officer  ol 
the  said  department  may  certify  him  to  be  qualified  t<»  perform  ; 
and  the  annual  allowance  to  he  paid  such  officer  or  member  shall 
he  one-half  of  the  annual  compensation  allowed  as  salary  at  tin 
date  of  his  heing  so  relieved,  or  such  less  sum.  in  proportion  to 
the  number  of  officers  and  members  so  retired,  as  the  condition 
of  tho  fund  will  warrant.  In  ease  of  partial  permanent  disabil- 
ity, not  caused  in  or  induced  by  the  actual  performance  of  tin- 
duties  of  his  position,  or  which  may  occur  before -ten  years'  ac- 
tive and  continuous  service  in  the  said  fire  department,  the 
officer  or  member  so  disabled  shall  be  relieved  from  active  ser- 
vice at  tires,  but  shall  remain  a  member  of  tho  uniformed  force, 
subject  to  the  rules  governing  said  force,  and  to  the  performance 
of  such  light  duties  as  the  medical  officer  of  the  said  department 
may  certify.him  to  bo  qualified  to  perform,  and  the  annual  allow- 
ance to  be  paid  such  officer  or  member  shall  not  exceed  one 
third  of  the  annual  compensation  allowed  as  salary  at  the  date 
of  his  being  so  relieved,  or  such  less  sum  as  the  said  board  may. 
in  their  discretion;  determine,  or  as  the  condition  of  the  fund 
will  warrant. 

§  520.  The  trustees  of  the  relief  fund  are  authorized  and  em-  c^p1^13  &' 
powered,  from  time  to  time,  to  pay  a  pension  out  of  the  said  wido^sami 
relief  fund  to  the  widow,  child,  or  children  of  any  deceased  "'i'1'1"* 
officer  or  member  of  the, uniformed  force  of  the  said  fire  depart- 
ment, if  the  death  of  such  officer  or  member  occur  during  his 
service  in  the  said  uniform  force,  or  after  he  was  retired  from 
service  in  said  uniformed  force,  provided,  that  the  amount  of 
any  finch  pension  to  be  paid  by  the  said  trustees,  to  each  of  the 
several  representatives  of  such  officer  or  member  as  aforesaid  (in 
case  there  shall  be  more  than  one),  may  be  from  time  to  time 
determined  by  the  said  trustees  according  to  the  circumstances 
of  each  case,  and  that  such  pension  may  be  ordered  to  cease  and 
terminate  at  any  time,  if,  in  the  opinion  of  the  trustees,  thecir; 
cumstances  should  warrant  the  same;  and  further  provided,  that 
not  more  than  three  hundred  dollars  shall  be  paid  in  any  one 
year  to  the  representative  or  representatives  of  such  officer  or 
member,  and  that  no  part  of  such  sum  shall  be  paid  to  any  such 
widow  who  shall  marry  again,  after  her  remarriage,  or  to  any 
child  after  it  shall  have  reached  the  age  of  sixteen  years. 

521.  There  shall  be  deducted  from  the  monthlv  pay  of  each  wn,oh.T«.sw. 

»   L     '  as  amended 

officer  and  fireman  of  said  department,  and  from  the  monthly 
pension  of  retired  members  of  said  department,  and  from  the  Oomp- m- 
pay  of  such  of  the  other  emplovees  of  said  department  as  shall  auctiona  from 

\    .  ,  a Tii?  .  .  pay  of  Bremen. 

desire  to  avail  themselves  of  this  provision,  the  monthly  sum  of 
one  dollar,  which  shall  be  received  and  held  by  the  treasurer  of 
the  relief  fund,  in  the  like  manner  as  the  other  moneys  herein 


TAX   ON   l-ORKION   INSUKANCK  COMPANIES. 


I'a\  incuts  In 

widow  or  repre 
tentative!  of 

llivincn 


TransfiT  from 
relief  to  life 
Insurance  fund. 


provided  to  be  paid  to  him,  and  which  shall  be  known  as  th« 
New  York  fire  department  life  insurance  fund;  and  in  the  case 
of  the  death  of  any  member  or  employee  of  said  department,  in 
the  service  thereof.  <»r  of  any  pensioned  or  retired  meniher  of 
said  department,  and  ^o  contributing,  there  shall  he  paid  to  the 
widow,  or  if  there  he  no  widow,  then  to  the  legal  representative.-, 
of  such  deceased  member  or  employee  or  pensioned  and  retired 
member,  the  sum  of  one  thousand  dollars  out  of  the  moneys  So 
assessed;  and  in  the  case  by  reason  of  the  number  of  deaths  the 
aggregate  amount  of  money  so  provided  to  be  assessed  and  col- 
lected should  prove  inadequate  to  make  such  paymenjb,  then  the 
assessment  may,  in  the  discretion  of  said  trustees,  be  increased 
to  not  exceeding  the  sum  of  two  dollars  in  each  month's  pay,  or 
each  month's  pension  of  pensioned  and  retired  members  of  said 
department;  and  if,  in  any  year,  owing  to  an  excessive  mortal- 
ity in  the  uniformed  force,  the  condition  of  said  life  insurance 
fund  shall  render  it  in  the  judgment  of  the  said  trustees,  neces- 
sary, a  sum  not  exceeding  five  thousand  dollars  may  be  trans 
f ei  red  and  paid  over  from  the  said  relief  to  the  said  life  insur- 
ance fund,  for  the  u-e  and  purpose  of  said  life  insurance  Jund, 


Title 


Tii  i  n/inn  Foreign  Vnsiirancc  < 'ovijiauirs. 


1857,  eh.  MS,  |], 
us  amended 

1858,  ch.  S55, 
Comp.  408. 
Corporations 
liable  to  tax 
at  ion. 


Id.  SI- 


;i  f>22.  Any  corporation  or  association  created  by  or  organ- 
ized under  the  laws  of  any  government  other  than  the  States  of 
this  Union,  and  having  assets,  fimds,  or  capital,  not  less  in 
amount  than  one  hundred  and  fifty  thousand  dollars,  invested 
in  this  State,  shall  be  liable  to  taxation  upon  such  assets,  funds, 
or  invested  capital,  as  the  same  is  levied  or  assessed  yearly  by 
law,  which  tax  shall  be  paid  as  follows:  Such  an  amount  thereof 
as  would  be  equal  to  two  per  cent,  upon  its  gross  premiums  re- 
ceived for  insurances  upon  property  in  the  city  of  New  York, 
shall,  except  as  otherwise  in  this  title  provided,  be  paid  annually 
to  the  treasurer  of  the  fire  department,  and  the  residue  of  said 
tax  requisite  to  make  up  the  full  amount  of  taxation  upon  its 
capital,  shall  be  paid  to  the  mayor,  aldermen,  and  commonalty, 
as  in  the  case  of  ordinary  taxation;  and  the  payments  so  made 
as  aforesaid,  shall  exempt  such  corporation  or  association  mak- 
ing the  same  from  any  and  all  further  taxation  upon  its 
premiums,  capital,  or  assets;  and  whenever  such  capital  shall  be 
reduced  below  said  sum  of  one  hundred  and  fifty  thousand  dol- 
lars, or  withdrawn  entirely,  then  and  in  either  event  such  cor- 
poration or  association  shall  be  liable  to  pay  the  tax  upon  its 
premiums  as  heretofore  provided  in  this  title. 

§  523.  There  shall  be  paid  to  the  treasurer  of  the  fire  depart- 
ment, for  the  use  and  benefit  of  said  fire  department,  on  the 


TAX  <>N  lOKKIGN  l.NSI  lUM'K  COMPANIES. 


first  day  of  February,  in  each  year,  by  every  person  who  shall  ^^giUto 
act  in  the  city  and  county  of  New  York  as  agent  for  or  on  be-  j^"™1";:;,'" "" 
half  of  any  individual  or  association  of  individuals,  not  incorpo- 
rated by  the  laws  of  this  state,  to  effect  insurances  against 
losses  or  injury  by  lire  in  the  city  and  county  of  New  York,  al- 
though such  individuals  or  association  may  !><•  incorporated  for 
that  purpose  by  any  other  State  or  country,  the  sum  of  two 
dollars  upon  the  hundred  dollars,  and  at  thai  rate  upon  the 
amount  of  all  premiums  which,  during  the  year  ending  on  the 
next  preceTling  first  day  of  September,  shall  have  been  received 
by  such  agent  or  person,  or  received  by  any  other  person  for 
him,  or  shall  have  been  agreed  to  be  paid  for  any  insurance 
against  loss  or  injury  by  fire  in  the  city,  effected  or  agreed  to 
!>o  effected,  or  promised  by  him  as  such  agent. 

§  584.  Every  person  who  shall  act  in  the  city-  as  agent  as  u 
aforesaid,  shall,  on  the  first  day  of  February,  in  each  year,  ren-  premium, 
der  to  the  said  treasurer  of  the  fire  department  a  just  and  true 
account,  verified  by  his  oath,  of  all  such  premiums  which, 
during  the  year  ending  on  the  first  day  of  September  preceding, 
shall  Rave  been  received  by  him,  or  by  any  person  for  him,  or 
which  shall  have  been  agreed  to  be  paid  for  any  such  insurance 
effected  or  agreed  to  be  effected,  or  promised  by  him. 

§  525.  No  person  shall,  as  agent  or  otherwise,  effect  or  agree  h  j-> 
to  effect,  or  procure  to  be  effected,  any  insurance  upon  which  tndcrtokin'~ 
the  duty  abova  mentioned  is  required  to  be  paid,  until  he  shall 
have  executed  and  delivered  to  the  said  treasurer  an  under- 
taking, under  seal,  to  the  fire  department,  with  such  sureties  as 
the  said  treasurer  shall  approve,  that  he  will  annually  render  to 
the  said  treasurer,  on  the  first  day  of  February,  in  each  year,  a 
just  and  true  account,  verified  by  his  oath,  of  all  such  premiums, 
which,  during  the  year  ending  on  the  first  day  of  September 
preceding,  shall  have  been  received  by  him,  or  by  any  person 
for  him,  or  which  shall  have  been  agreed  to  be  paid  for  any 
such  insurance  effected  or  agreed  to  be  effected,  or  promised  by 
him,  and  that  he  will  annually,  on  the  first  day  of  February,  in 
each  year,  pay  to  the  said  treasurer  two  dollars  upon  every  hun- 
dred dollars,  and  at  that  rate  upon  the  amount  of  such  pre- 
miums. 

§  526.  Whenever,  by  reason  of  the  failure  of  the  sureties,  or  ww, so,  ?». 
either  of  them,  or  for  any  ether  cause,  an  undertaking  given  Be&ewaiof 
under  the  last  preceding  section,  shall  or  may  be  deemed  in-  lindertakl,1K 
sufficient  by  the  said  treasurer  to  secure  aTeturn  of  the  account 
and  the  payment  of  the  duty  aforesaid,  or  either  of  them,  the  said 
treasurer,  at  his  election,  but  not  oftener  than  once  in  each  year, 
may  require  such  undertaking  to  be  renewed. 


206  THE  PXRE  DKI'.V  K'l'.M BUT. 

11  >'  ,^  .">2T.  Every  person  who  shall  effect,  agree  i<»  effect,  promise 

IVimlU  (or  ii"t  •  j.  t  •       ii  %t 

executing  or  procure  any  insurance  mentioned  m  tin-  preceeding  section- 
of  this  title,  without  Having  executed  and  delivered  the  under- 
taking hereinbefore  required,  -hall,  for  each  offense,  forfeit  one 
ihousand  dollars,  for  the  use  of  tin-  said  fir.-  department;  and 
every  person  who  shall  have  heen  required  by  the  said  treasurer 
to  renew  his  undertaking,  pursuant  to  the  last  preceeding  see 
fcion,  who  shall  effect,  agree  to  ctfeet,  promise  or  procure  am 
such  insurance,  without  having  executed  and  delivered  the  re- 
moved undertaking,  shall  for  each  offense  forfeit  onffe  thousand 
dollars,  for  the  use  of  the  said,  lire  department. 

!'J  S°  ,„  §  528.  It  shall  be  lawful  for  the  said  treasurer  of  the  fire  de- 

Demand  for 

accounts.  partnient,  on  or  after  the  lirst  day  of  February  in  each  year,  by 
written  or  printed  demand,  signed  hy  him.  to  require  from  every 
person  who  shall  act  in  the  city  as  agent,  as  aforesaid,  the  ac- 
count provided  for  in  this  title,  and  payment  of  the  duty  pro- 
vided for;  such  demand  may  he  delivered  personally  to  such 
agent,  or  at  his  office  or  place  "f  business  to  any  person  having 
charge  thereof,  or  at  his  residence  to  any  person  of  suitable  age. 
And  every  such  agent  who  shall,  for  ten  days  after  such  demand, 
neglect  to  render  the  account  or  to  pay  the  duty  demanded,  or 
either  of  them,  shall  forfeit  fifty  dollars,  for  the  use  of  the  said  firo 
department;  and  he  shall  also  forfeit  for  their  use  twenty-five 
dollars  in  addition  for  every  day  that  he  shall  so  neglect,  after 
the  expiration  of  said  ten- days,  and  such  additional  penalty  may 
be  computed  and  recovered  up  to  the  time  of  the  trial  of  any  suit 
for  the  recovery  thereof, 
w.  &7.  §  j-20.  Every  person  who  shall  act  in  the  city  as  agent,  as  afore- 

nesstobe  said,  shall,  on  the  first  day  of  February  in  each  year,  or  within 
ten  days  thereafter,  and  as  often  in  each  year  as  he  shall  change 
his  place  of  business  in  the  said  city,  report,  in  writing,  under 
his  proper  signature,  1<»  the  comptroller  of  this  State,  and  also 
to  the  treasurer  of  the  said  fire  department,  the  street  and 
the  number  thereof  in  the  said  city,  of  his  place  of  business  as 
such  agent,  designating  in  such  report  the  individual  or  individ- 
uals and  association  or  associations  for  which  he  shall  be  such 
agent.  And  in  case  of  default  in  any  of  these  particulars,  such 
person  shall  forfeit  for  every  offense  the  sum  of  one  thousand 
dollars,  for  the  use  of  the  said  fire  department. 
i«57,  cu.  Ms.  §  530.  The  duty  provided  to  be  paid  by  this  title,  the  dam- 

suiT/forTio  a&t>s  f°r  any  breach  of  the  undertakings,  or  either  of  them, 
lations.  provided  for  therein;  and  the  pecuniary  penalties  imposed 

therein,  or  any  or  either  of  them,  may  be  sued  for  and  recov- 
ered, with  costs  of  suit,  in  any  court  of  record  within  this 
State,  by  the  fire  department,  in  their  own  name  and  for  their 
own  use.  ■  * 


row  BBS  I  >F  BOARD  OF  HEALTH. 


jj  531.  The  defendant  in  any  action  i«>  be  brought  for  tin-  re-  m-io. 

oovery  of  any  penalty  incurred,  or  any  duty  or  sum  of  money  lefendani 
payable  under  this  title,  may  be  arrested,  if  he  isimt  a  residenl 
of  this  State,  or  is  about  to  remove  therefrom.    An  order  for  the 

arrest  of  the  defendant  must  he  obtained  from  a  judge  of  tin- 
court  in  which  the  action  is  brought,  or  from  a  county  judge 
The  order  shall  he  made  when  it  shall  appear  to  the  judge,  by 
affidavit,  that  a  sufficient  cause  of  action  exists  under  this  title, 
and  that  the  defendant  is  not  a  resident  of  this  State,  or  is  aboul 
to  remove  therefrom. 

§532.  The  corporation  known  as  the  trustees  of  the  exempt       ch. 888, p. 
liremen's  benevolent  fund  of  the  city  of  New  York,  shall  he  en-       c-ii. an, ft, 
titled  to  receive,  and  there  shall  be  paid  to  them  for  nine  years 
from  the  seventeenth  day  of  April,  eighteen  hundred  and  seven- 
ty-nine, the  percentage  of  tax  on  the  receipts  of  the  foreign  fire  ''j^;;'".;:''"'-'" 
insurance  companies  doing  business  in  the  city  of  New  York,  as  i,'.:',','',-,1,';1;.;;. 
provided  by  this  title,  and  all  returns  and  undertakings  required  ^Tolent 
by  this  title  shall  during  such  period  be  made  to  the  treasurer  of 
the  said  corporation. 


CHAPTER  XII. 
Department  of  Health.  * 
Tith  1.— Powers  and  Duties  of  the  Department  and  its  Officers. 

$  533.  The  authority,  duty,  and  powers  of  the  board  of  health  i«  >     686,  §•.«. 
shall  extend  over  the  waters  of  the  bay,  up  to  and  within  the  Powers,  etc., of 
quarantine  limits  as  established  by  law,  but  shall  not  be  held  to  r^CTtratot 
interfere  with  the  powers  and  duties  of  the  commissioners  of 
quarantine  or  health  officer  of  the  port. 

§  534.  There  shall  be  two  bureaus  in  the  department  of  health.  i873,cb  k  - 
The  chief  officer  of  one  bureau  shall  be  called  the  " sanitary 
superintendent.*'  who,  at  the  time  of  his  appointment,  shall 
have  been,  for  at  least  ten  years,  a  practicing  physician  and  for 
three  years  a  resident  of  the  city  of  New  York,  and  he  shall  be 
the  chief  executive  officer  of  said  department.    The  chief  officer 
of  the  second  bureau  shall  be  called  the  ''register  of  records  ;"  Register  of 
and  in  said  bureau  shall  be  recorded,  without  fees,  every  birth,  records- 
marriage,  and  death,  and  all  inquisitions  of  coroners,  which 
shall  occur  or  be  taken  within  the  city  of  New  York.    But  in 
cases  of  inquests,  where  the  jury  shall  find  that  death  was 
caused  by  negligence  or  malicious  injury,  only  a  copy  of  the 
record  need  be  filed  in  said  bureau. 


208 


I'OWKKH  ol    BOAKD  OF  HEALTH 


1800,  clL  74,|M, 
Comp,  189. 
Building,  fxcn 
i  atlons,  etc. 


When  danger- 
ous to  lifi'  nml 

health. 


•  irder  to  re- 
move, abat< 
etc. 


Searing  befi  in 
board. 


Rescinding  of 
aider,  ete. 
18(H).  ch.  GWi,  SO. 
as  amended 
1%7.  eh.  968. 
<sio.  Comp.  in 


Excavation, 
vehicles,  ves- 
s  ^s,  sewers, 
p  imps,  etc. 


g  585.  First — Whenever  any  building,  erection,  excavation, 
premises,  business  pursuit,  matter  or  thing,  or  the  sewerage, 
drainage  or  ventilation  thereof,  in  said  city,  shall,  in  the  opinion 
of  said  hoard  ('whether  a-  a  whole  or  in  any  particular),  be  in  a 
condition  or  in  effect  dangerous  to  life  or  health,  said  hoard  may 
take  and  file  among  its  records  what  it  shall  regard  as  sufficient 
proof  to  authorize  its  declaration  that  the  same,  to  the  extent  it 
may  specify,  is  a  public  nuisance,  or  dangerous  to  life  or  health; 
and  said  board  may  thereupon  enter  in  its  records  the  same  as  a 
nuisance,  and  order  the  same  to  ho  removed,  abated,  suspended, 
altered  or  otherwise  improved  or  purified,  as  said  order  shall 
specify;  and  if  any  party  served  with  such  order  for  intended  to 
he  according  to  this  chapter),  shall,  before  its  execution  is  com 
menced,  or  within  three  days  after  such  service  or  attempted 
service,  apply  to  said  board,  or  the  president  thereof,  to  have 
said  order  or  its  execution  stayed  or  modified,  it  shall  then  be 
the  duty  of  said  board  to  temporarily  suspend  or  modify  said 
order  or  the  execution  thereof  'save  in  cases  of  imminent  danger 
from  impending  pestilence,  when  said  board  may  exercise  extra 
ordinary  powers,  as  herein  elsewhere  specified),  and  to  give  Buch 
party  or  parties  together,  as  the  case  in  the  opinion  of  the  board 
may  require,  a  reasonable  and  fair  opportunity  to  be  heard  be- 
fore  said  board,  and  to  present  facts  and  proofs  (according  to  the 
rules  or  directions  of  said  board  I  against  said  declaration  and 
the  execution  of  said  order,  or  in  favor  of  its  modification,  ac- 
cording to  the  regulations  of  the  board:  and  the  board  shall 
enter  in  its  minutes  such  facts  and  proof  as  it  may  receive,  and 
its  proceedings  on  such  hearing,  and  any  other  proof  it  may 
take;  and  thereafter  may  rescind,  modify  or  reaffirm  its  said 
declaration  and  order,  and  require  execution  of  said  original,  or 
of  a  new  or  modified  order  to  be  made,  in  such  form  and  effect 
as  it  may  finally  determine.  In  cases  where  no  hearing  is  asked 
for  by  the  party  affected,  the  order  shall  not  be  so  altered  as  to 
render  its  effect  more  burdensome  than  the  original  order.  Said 
hoard  may  change  or  modify  any  order  made  under  this  subdi- 
vision, and  may  by  resolution  confer  upon  the  president  power 
to  exercise  in  the  absence  of  the  board  the  authority  hereinbe- 
fore given  it  to  temporarily  suspend  or  modify  any  order  or  its 
execution. 

Second — Said  board  may  order  or  cause  any  excavation,  erec- 
tion, vehicle,  vessel,  water  craft,  room,  building,  place,  sewer, 
pipe,  passage,  premises,  ground,  matter  or  thing  fin  said  city  or 
adjacent  waters)  regarded  by  said  board  as  in  a  condition  dan- 
gerous or  detrimental  to  life  or  health,  to  be  purified,  cleaned, 
disinfected,  altered  or  improved  ;  and  may  also  order  any  sub 
stance,  matter  or  thing,  being  or  left  in  any  street,  alley,  water, 


row  Kits  ot    BOARD  or  HEALTH. 


hi.  Oomp  481 


excavation,  building,  erection,  place  or  grounds  (whether  such 
place  where  the  same  may  be,  be  public  or  private |  and  which 
said  board  may  regard  as  dangerous  or  detrimental  to  life  <>>• 
health,  to  be  speedily  removed  to  some  proper  place;  and  may 
designate  or  provide  a  place  to  which  the  same  shall  be  re- 
moved, when  no  such  adequate  or  proper  place,  in  the  judgment 
of  said  board,  is  already  provided.  If  said  order  is  not  complied 
with,  or  as  far  complied  with  as  said  board  may  regard  as  rea- 
sonable, within  five  days  after  such  service  or  attempted  ser- 
vice, or  within  any  shorter  time  which,  in  case  of  pestilence,  tin- 
board  may  have  designated,  <>r  is  not  thereafter  speedily  and 
fully  executed,  then  any  such  order  may  be  executed  as  herein 
elsewhere  provided  in  regard  to  any  of  the  orders  of  said  board. 

$>  530.  On  or  before  the  first  day  of  March,  eighteen  hundred  jounl'/.y'i'i'..-., 

.  -I  •  |  .1  il  111  I ..  I  -  to 

and  eighty-two,  every  master  or  journeyman  plumber,  carrying  lister, 
on  his  trade  in  the  city  of  New  York,  was  required  under  such  Ifijijo;480' 
rules  and  regulations  as  the  board  of  health  of  the  health  depart- 
ment prescribed,  to  register  his  name  and  address  at  the  health  de- 
partment of  the  said  city.  It  is  not  lawful  for  any  person  to 
carry  on  the  trade  of  plumbing  in  the  said  city  unless  his  name 
and  address  be  registered  as  above  provided.  A  list  of  the  regis- 
tered plumbers  shall  be  published  in  the  City  Eecord  at  least 
once  in  each  year.  Any  person  violating  any  provision  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor. 

§  537.  The  drainage  and  plumbing  of  all  buildings,  both  pub-  ^eacconunK 
lie  and  private,  erected  after  the  fourth  day  of  June,  eighteen  p<J.0vedbyP' 
hundred  and  eighty-one.  shall  be  executed  in  accordance  with  j^i'th^ 
plans  previously  approved  in  writing  by  the  board  of  health.  i8W,ch.45o,t8. 
Suitable  drawings  and  descriptions  of  the  said  plumbing  and 
drainage  shall  in  each  case  be  submitted  and  placed  on  file  in  the 
health  department.    The  said  board  of  health  is  authorized  to 
receive  and  place  on  file  drawings  and  descriptions  of  the  plumb- 
ing and  drainage  of  buildings  erected  prior  to  said  date. 

§  53S.  The  powers  of  said  board  shall  be  construed  to  include  i«6,ch.M.|i2 

v  1  as  amended 

the  ordering  and  enforcing  in  the  same  manner  as  other  orders  J^^.SS6,  •*> 
are  provided  to  be  enforced,  the  repairs  of  buildings,  houses  and 
other  structures;  the  regulation  and  control  of  all  public  mar- 
kets (so  far  as  relates  to  the  cleanliness,  ventilation,  and  drain- 
age thereof  and  to  the  prevention  of  the  sale,  or  offering  for 
sale,  of  improper  articles  therein);  the  removal  of  any  obstruc- 
tion, matter,  or  thing  in  or  upon  the  public  streets,  sidewalks,  or 
places,  which  shall  bo  in  their  opinion  liable  to  lead  to  results 
dangerous  to  life  or  health;  the  prevention  of  accidents  by  which 
life  or  health  may  be  endangered;  and  generally  the  abating  of 
all  nuisances.  It  is  hereby  expressly  declared  that  the  said  board 


Comp.  428. 


POWERS  OF  BOARD  OF  HEALTH. 


Ventilation, 
drainage  and 
WeanlincsH  of 
markets,  etc. 
1807,  Oh.  060,  gii 
Comp.  4  13. 


1866,  oh.  71.  |14, 
Comp.  482. 


Ordinance* 
made  law  by 
I860,  Ch.  74,(12, 
Comp.  487. 
Bone  boiling, 
etc. 


Id. 


1830,  ch.  27j, 
title  3,  art.  1. 
§6,  Comp.  468. 
Board  of  health 
may  remove 
anything 
dangerous  to 
public  health. 


shall  have  and  possess  full  and  complete  power  wtyfa  reference 
to  the  ventilation,  drainage,  and  cleanliness  of  the  stands  or 
stalls  in  or  around  Fulton  and  Washington  markets,  and  said 
board  shall  have  in  said  city  all  common  law  rights  to  abate  any 
nuisance  without  suit  which  can  or  does  in  this  State  belong  to 
any  person  whatever. 

.  ">39.  It  is  hereby  declared  to  be  the  duty  of  every  owner  and 
part  owner  and  person  interested,  and  of  every  lessee,  tenant, 
and  occupant  of,  or  in  any  place, water,  ground,  room,  stall,  apart  - 
ment,  building,  erection,  vessel,  vehicle,  matter  and  thing  in  said 
city,  and  of  every  person  conducting  or  interested  in  business 
therein  or  thereat,  and  of  every  person  who  has  undertaken  to 
clean  any  place,  ground  or  street  therein,  and  of  every  person, 
public  officer,  and  board  having  charge  of  any  ground,  place, 
building  or  erection  therein,  to  keep,  place,  and  preserve  the 
same  and  every  part,  and  the  sewerage,  drainage,  and  ventila- 
tion thereof  in  such  condition,  and  to  conduct  the  same  in  such 
manner  that  it  shall  not  be  dangerous  or  prejudicial  to  life  or 
health. 

.'  540.  It  shall  not  be  lawful  for  any  person  or  persons,  incor- 
porated or  unincorporated,  to  carry  on,  establish,  prosecute,  or 
contine.  within  the  city  of  New  York,  the  occupation,  or 
trade,  or  business  of  bone  boding,  bone  burning,  bone  grinding, 
horse  skinning,  cow  skinning,  or  skinning  of  dead  animals,  or 
the  boiling  of  offal;  and  any  such  establishment,  or  establish- 
ments, or  place  of  such  business  existing,  within  said  city,  shall 
be  forthwith  removed  out  of  said  city,  and  such  trade,  occupa- 
tion, or  business  shall  be  forthwith  abated  and  discontinued, 
provided  that  nothing  herein  contained  shall  apply  to  the 
slaughtering  or  dressing  of  animals  for  sale  in  said  city.  It 
shall  be  the  duty  of  the  board  of  health  to  ascertain  whether 
•any  such  trade  or  business  is  carried  on.  or  continued,  or  estab- 
lished within  the  limks  aforesaid,  and  to  make  and  cause  an 
order  to  be  served,  in  the  same  manner  as  other  ordei-s  of  sai 
board  are  made  and  served,  directing  the  discontinuance  of  said 
trade  or  business,  and  the  removal  of  all  offensive  or  un- 
wholesome materials  or  things  appertaining  to  said  trade  or 
business. 

§  541.  The  board  of  health,  when  they  shall  judge  it  neces- 
sary,' may  cause  any  cargo,  or  part  of  cargo,  or  any  matter,  or 
anything  within  the  city  that  may  be  putrid  or  otherwise  dan- 
gerous to  the  public  health,  to  be  destroyed  or  removed;  such  re- 
moval, when  ordered,  shall  be  to  the  quarantine  ground,  or  such 
other  place  as  the  board  of  health  shall  direct;  such  removal 
or  destruction  shall  be  made  at  the  expense  of  the  owner  or 
owners  of  the  property  so  removed  or  destroyed,  and  the  same 


row  BBS  OP  BOARD  OF  HEALTH. 


may  lie  recovered  From  stub  owner  or  owners,  in  an  action  a1 
law,  by  said  board. 

8  542.  The  board  of  health  shall  possess  and  mav  exercise  jgM.oh.M^|8, 
the  following  powers:  •  tw,  comp.jae. 

1.  My  order  to  direct  any  reSBel  lying  at  a  place  within  three 
hundred  yards  of  any  wharf,  landing  place,  or  shore  of  said  illfl.,.,j,,lls„r 
city,  and  from  which  they  shall  deem  it  probable  that  any  in-  ffiffjffi" 
fectious  <>r  contagions  disease  may  be  brought  into  said  city,  or 
Communicated  to  the  inhabitants  thereof,  to  be  removed  to  the 
distance  of  at  least  three  hundred  yards  from  any  wharf,  land- 
ing place,  or  shore  of  said  city,  w  ithin  six  hours  after  a  copy  of 
such  resolution,  certified  by  the  secretary  of  said  board,  shall  be 
delivered  to  the  person  or  persons  having  command  of  such 
vessel,  or  to  the  master,  owner,  or  consignee  thereof;  and  every 
such  person  or  persons,  master,  owner,  or  consignee  to  whom 
such  copy  of  such  resolutions  shall  be  delivered  shall  forthwith 
comply  with  the  same 

•1.  By  order  to  direct  to  be  removed  to  a  place  to  be  desig-  hospiu?1  to 
Dated  by  them,  all  things  within  the  city  which,  in  their  opin- 
ion, shall  be  infected  with  any  matter  likely  to  communicate 
disease  to  the  inhabitants. 

£54:1  Every  person  who  shall  violate,  or  negleet,'or  refuse  Id-§:' 
to  comply  with  any  provision  contained  in  the  preceding  section,  latin*  rules, 
or  in  tin-  resolution  made  or  passed  by  the  .board  of  health  in 
pursuance  thereof,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  on  conviction  thereof,  shall  be  punished  by  a  fine  not  ex- 
ceeding two  hundred  and  fifty  dollars,  of-  imprisonment  not  ex- 
ceeding six  months,  or  both;  and  all  such  fines  when  collected 
shall  be  paid  to  the  comptroller. 

§544.  The  board  of  health  shall  have  power  to  prohibit  at  ■ 

J  1        ,  1  14, 15, 10.  Comp. 

such  tunes,  and  for  such  period  and  periods  of  time  as  they  shall  m- 
see  cause,  the  packing  or  repacking  of 'any  salted  provisions  in  pu&Jnguited 
any  and  all  parts  of  the  city.    No  salted  or  pickled  beef,  pork,  slu^'beef, 
or  fish  (except  smoked  beef  and  fish  )  shall  be  deposited  in  such  deposited  in 
part  or  parts  of  the  city  during  the  period  or  periods  of  time  so  ^ail  ^^6^ 
prohibited  by  the  board  of  health.    This  section  shall  not  be  SweK&k 
construed  to  prevent  retail  grocers,  or  other  small  dealers,  from  barrels- 
keeping  on  hand,  for  the  use  of  their  customers,  small  quanti- 
ties, not  exceeding  five  barrels,  of  each  kind  of  provisions  there- 
in mentioned,  if  the  provisions  so  kept  be  sound  and  in  good 
order. 

§  545.  All  salted  or  pickled  provisions,  and  all  hides,  skins,  w  ssit.  i«. 
and  cotton  that  may  be  deposited  in  those  parts  of  the  city  saitedhnvviB- 
wherein  the  board  of  health  shall  prohibit  the  packing  or  repack-  to  bo  reported 
ing  of  salted  provisions,  at  the  time  or  times  when  such  prohibi-  health, 
tion  may  be  made,  shall  be  reported  forthwith,  by  the  owner  or 


212 


POWERS  OF  BOARD  OF  HEALTH. 


To  be  remoi  ed 
by  owner  or 
Unitary  super- 
intendent. 


Id.  420, 
Id.  |S1. 
<  omp.  iro. 
Penalty. 


l^»o.ch.J'..•)^j•-••.•, 

28,  Conip.  470. 
Rags,  bides  and 
skins  prohib- 
ited. 


Sc. unit  hides, 
etc.-,  excepted. 


[d.  SS24, 35. 
Conip.  471. 
Damaged 
cotton  to  be 
reported  by 
owner. 


Penalty  for  not 
reporting. 


1H66,  eh.  74,  §16. 
romp.  4*4. 
1867,  ch.  956.  |3, 
Conip.  442. 
Power  in  case 
of  contagious 
diseases. 


1881,  ch.  478,  §3. 
Board  of  health 
to  erect  build- 
ing for  hospital 
for  contagious 
cases. 


person  having  charge  thereof,  to  the  board  of  health,  that  the 
same  may  be  examined,  and,  if*  necessary,  destroyed  or  removed. 
If  such  articles,  when  ordered  by  the  boa  I'd  of  health  to  be  ie 
moved,  shall  not  be  forthwith  removed  by  the  owner  or  person 
having  charge  thereof,  the  sanitary  superintendent  shall  cause 
them  to  be  removed  to  some  sife  place,  there  to  remain  at  the 
risk  of  the  owner. 

?  54<l.  Nothing  contained  in  tbetwo  preceding  sections  shall 
be  Construed  to  extend  to  provisions  exposed  for  sale  by  butchers 
in  the  public  markets,  or  kept  by  the  heads  of  families  for  fam 
ily  use.  Every  person  who  shall  refuse  or  neglect  to  obey  the 
directions  of  said  sections,  or  of  the  board  of  health  pursuant 
thereto,  in  relation  to  the  provisions  and  other  articles  therein 
mentioned,  shall  be  considered  guilty  of  a  misdemeanor,  and, 
on  conviction,  shall  be  subject  to  fine  and  imprisonment,  or 
both,  at  the  discretion  of  the  court.  Such  fine  shall  not  exceed 
one  thousand  dollars,  and  such  imprisonment  shall  not  exceed 
two  years. 

£  547.  No  rags,  hides,  or  skins,  arriving  in  the  port  of  New 
fork,  shall  be  deposited  in  any  part  of  the  city  within  which 
the  board  of  health  shall  have  prohibited  the  packing  or  unpack  * 
ing  of  salted  provisions,  and  all  such  articles  brought  into  the 
city  contrary  to  the  above  provision,  may  be  seized  and  sold  by 
the  said  board.  The  board  of  health  may,  however,  permit 
sound  hides  and  skins  to  be  brought  into  any  part  of  the  city,  in 
small  quantities,  and  for  the  purpose  of  immediate  manufacture, 
but  not  otherwise. 

§  548.  It  shall  be  the  duty  of  the  master  and  owner  of  every 
vessel  that  shall  have  brought  cotton  into  the  city,  between  the 
first  day  of  May  and  the  first  day  of  November  in  any  year,  and 
of  the  owner  and  consignee  of  such  cotton,  if  upon  examination 
it  shall  appear  damaged,  er  otherwise  unsound,  to  make  an  im- 
mediate report  thereof  to  the  board  of  health.  Every  master  or 
owner  or  consignee  refuting  or  neglecting  to  perform  the  duties 
so  enjoined,  shall,  for  each  offense,  forfeit  to  the  board  of  health, 
the  sum  of  five  hundred  dollars. 

^  549.  Said  board  may  remove  or  cause  to  be  removed  to  a 
proper  place,  to  be  by  them  designated,  any  person  sick  with  any 
contagious,  pestilential,  or  infectious  disease;  shall  have  exclu- 
sive charge  and  control  of  the  hospitals  for  the  treatment  of  such 
cases;  and  shall  have  power  to  provide  and  pay  for  the  use  of 
proper  places  to  which  to  remove  such  persons  as  well  as  to  des- 
ignate such  places. 

§  550.  The  board  of  health  is  authorized  and  empowered  to 
erect,  establish,  maintain,  and  furnish,  upon  North  Brothers 
Island,  buildings  and  hospitals  for  the  care  and  treatment  of 


4 


Provisions  .\s  To  INFECTIOUS  DISEASES.  218 

per80n8  sick  With  COntagiOUS  diseases  ami  shall  have  the  exehi-  k-ki.  ,-h.  w.\ 
sive  charge  and  control  of  the  said  buildings  and  hospitals.    It  <  lomp.  ion. 
shall  have  power  to  take  possession  of,  and  occupy  for  tempo-   ^T,',;,', *'t 
rary  hospitals,  any  building  or  buildings  in  the  said  city,  during  '"^V ','  *vr' •"' 
the  prevalence  of  an  epidemic,  if  in  the  judgment  of  the  hoard  ' "" 
the  same  may  he  required,  and  shall  pay  for  private  property  so 
taken  a  just  compensation  for  the  same.    Said  hoard  may  cause 
proper  care  and  attendance  to  he  given  to  persons  sick,  or  re- 
moved, when  it  shall  he  made  to  appear  to  the  said  board  that 
any  such  person  is  so  poor  as  to  he  unable  to  procure  for  himself 
such  care  and  attendance,  or  that  the  public  health  requires 
special  medical  care  and  attendance.. 

f>f)l.  The  board  of  health  mav  send  to  such  place  as  it  mav       <•>.. aro.tit 

»       J  r  3,  art.  1.  $7. 

direct  ,  all  aliens  and  other  persons  rn  the  city,  not  residents  oomp.  in 
thereof,  who  shall  be  sick  of  any  infectious,  pestilential,  or  con-  "  on"  eo 
tagious  disease.    The  expense  of  the  support  of  such  aliens  or 
other  persons  shall  be  defrayed  by  the  corporation  of  the  city  of 
Xew  York,  unless  such  aliens  or  other  persons  shall  be  entitled 
to  be  supported  by  the  commissioners  of  emigration. 

£  552.  Xo  person  shall  remove  any  sick  person  from  anv  ves-  S§w,  ch.8M  \\ 

1  r  j  r  j  Hrooklvn  char 

sel  or  from  any  other  place  in  said  city  Avithout  written  permit  ter,comp.  mb. 
for  that  purpose,  granted  by  the  president  or  one  of  the  mem- 
bers of  said  board. 

§  ;».")3.  For  the  purpose  of  more  effectually  preventing  the  sick  person* 
spread  of  small-pox.  by  the  thorough  and  systematic  vaccination  moved  from 

vessels. 

of  all  unvaccinated  persons  residing  in  said  city,  the  said  board  i«4, ch. m, si. 

is  hereby  empowered  to  continue  or  organize  a  corps  of  vaccina-  c-orps'or  vac- 

tors  within  and  subject  to  the  control  of  the  bureau  of  sanitary  „lher°offlc"w. 

inspection,  to  appoint  the  necessary  officers,  keep  suitable  rec-  ^ph437"  t"i' 

ords,  collect  and  preserve  pure  vaccine  lymph  or  virus,  and  to  vacdnatjon. 

add  to  the  sanitary  code  such  additional  provisions  as  will  most  poor.  etc. 
effectually  secure  the  end  in  view.  Said  board  may  take  meas- 
ures, and  supply  agents,  and  afford  inducements  and  facilities 
for  general  and  gratuitous  vaccination  and  disinfection,  and  may 
afford  relief  to  and  among  the  poor  of  said  city  as  in  its  opinion 
the  protection  of  the  public  health  may  require. 

i?  554.  "Whenever  the  amount  of  vaccine  lvmph  or  virus  col-  ««.  <*.  oso.  >•.». 

-  .  Coinp.  483. 

lected  by  the  said  corps  shall  exceed  the  amount  required  in  the  supplies  of 
proper  performance  of  its  duties,  the  said  board  of  health  may  ,jn,p,saeo- 
authorize  the  sale  of  such  surplus  lymph  or  virus  at  reasonable 
rates,  to  be  fixed  by  said  board.    The  avails  of  such  surplus  Avails  thereof: 
lymph  or  virus  shall  be  accounted  for  and  paid  to  the  chamber- 
lain, and  shall  be  set  apart  and  constitute  a  distinct  fund,  to  be 
known  as  "  the  fund  for  gratuitous  vaccination,"  and  shall  be 
subject  to  the  requisitions  of  said  board  for  the  purposes  named 
in  the  preceding  section. 


214 


PROVISIONS  as  TO  INFECTIOUS  DISEASES. 


1850,  ch.  275,  tit. 
3,  art.  1,  $5, 
C'omp.  407. 
Duties  of  bonnl 
nf  health  to 
prevent  the 
spread  of  dis- 

ease  in  Iheeil  v 


I850.ch.:i75,  title 
i.  art  I,  1(98, 
•."7,  C'omp.  405. 
Hoard  to  make 
proclamation 
of  Infected  . 
places. 
How  long  to 
liave  effect. 


Id.  $28. 

Vesslls  arriving 
infected  places 
to  be  subject  to 
quarantine. 


Id.  §2<J. 
Intercoui-se 
with  infected 
places,  how 
regulated. 


l850,eh.S75,«29, 
30,  title  3.art.  3, 
Comp.  471. 
Power  to  ex- 
tend provi- 
sions of  this  act 
Board  mav  re- 
voke proclama- 
tion. 


§  555.  It  shall  be  the  duty  of  the  hoard  of  health: 

1.  To  cause  any  avenue,  street,  alley,  or  other  passage  what- 
ever to  be  fenced  up  or  otherwise  enclosed,  if  they  shall  think 
the  public  safety  requires  it,  and  to  adopt  suitable  measures  for 
preventing  all  persons  from  going  to  any  part  of  the  city  so  <  n 
closed. 

2.  To  forbid  and  prevent  all  communication  with  the  house 
or  family  infected  with  any  contagious,  infectious  or  pestilential 
disease  except  by  means  of  physicians,  nurses  or  messengers  to 
carry  the  necessary  advice,  medicines  and  provisions  to  the 
afflicted. 

3.  To  adopt  such  means  for  preventing  all  communication 
between  any  part  of  the  city  infected  with  a  disease  of  a  pesti- 
lential, infectious,  or  contagious  character  and  all  other  parts  of 
the  city,  as  shall  be  prompt  and  effectual. 

§  550.  The  board  of  health  may  issue  its  proclamation  declar 
ingany  place  where  there  shall  be  reason  to  believe  a  pestilential, 
contagious  or  infectious  disease  actually  exists,  to  be  an  infected 
place  within  the  meaning  of  the  health  laws  of  this  State.  Such 
proclamation  shall  fix  the  period  when  it  shall  cease  to  have 
effect ;  but  such  period,  if  they  shall  judge  the  public  health  to 
require  it,  may  from  time  to  time  be  extended  by  the  board  of 
health,  and  notice  of  such  extension  shall  be  published  in  one  or 
more  of  the  newspapers  of  the  city. 

§  557.  After  such  proclamation  shall  have  been  issued,  all 
vessels  arriving  in  the  port  of  New  York  from  such  infected 
place  shall  be  subject  to  a  quarantine  of  at  least  thirty  days  or 
until  the  period  when  such  proclamation  shall  cease  to  have, 
effect  as  provided  by  the  last  preceding  section,  and  shall, 
together  with  their  officers,  crews,  passengers,  and  cargoes  be 
•subject  to  all  the  provisions,  regulations  and  penalties  in  relation 
to  vessels  subject  to  quarantine. 

§  558.  The  board  of  health  may,  in  their  discretion,  prohibit 
or  regulate  the  internal  intercourse  by  land  or  water  between 
the  city  of  New  York  and  such  infected  place  ;  and  may  direct 
that  all  persons  who  shall  come  into  the  city,  contrary  to  their 
prohibitions  or  regulations,  shall  be  apprehended  and  conveyed 
to  the  vessel  or  place  whence  they  last  came ;  or  if  sick,  that 
they  be  conveyed  to  such  place  as  the  board  of  health  shall  direct. 

§  559.  Whenever  it  shall  appear  to  the  board  of  health  that 
any  of  the  provisions  of  this  title,  limited  in  their  operations  to 
a  certain  period  of  the  year,  ought  to  be  extended,  the  said  board 
shall  issue  its  proclamation  extending  such  provisions  to  such 
time  as  shall  be  determined  on  by  said  board,  and  such  pro- 
visions shall  thereupon  be  extended  accordingly  and  with  the 
like  effect  as  if  the  periods  mentioned  in  the  proclamation  had 


PROVISIONS  AS  TO  IM  i:<  Tlol  S  DiSKAsKs. 


been  herein  enacted.  If  it  shall  appear  to  the  board  of  health, 
while  such  proclamation  is  still  in  force,  that  the  necessity  of 
extending  the  period  therein  named  has  ceased,  the  board,  by  a 
new  proclamation  declaring  that  fact,  shall  revoke  the  procla 
ination  issued  pursuant  to  this  section,  which  shall  then  cease 
to  have  effect. 

560.  The  board  of  health  may  appoint  any  physician  in  J^^l*0.*11' 
their  emplov,  or  in  that  of  the  commissioners  of  emigration,  to  iwim-.r hmuu 

t  i.i      i  i    c  u      ixu  -11  •         may  appoint  mi 

act  as  the  agent  of  the  board  ot  health  m  all  matters  concerning  .■••-"■nt 
the  protection  of  the  city  against  the  introduction  of  contagious 
or  infectious  diseases. 

501.  Tho  said  board  shall  have  full  power  and  authority  to  «u  eh  w,m> 

1  J  (  (imp.  (iKs,  vi 

make  and  pass  such  by-laws  and  ordinances  as  they  shall,  from  N  •  "*'•.**»• 
time  to  time,  deem  necessary  and  proper  for  the  tilling  up.  drain-  grounds,  yards 
ing  and  regulating  of  any  grounds,  yards  or  cellars,  within  the 
said  city,  that  may  he  sunken,  damp  or  unwholesome,  or  which 
they  may  deem  proper  to  fill  up,  drain,  raise,  lower  or  regulate; 
and  also,  for  causing  all  such  lots  of  ground  in  the  said  city  ad- 
joining to  Hudson's  river,  or  to  the  East  river  or  Sound,  as  they 
may  from  time  to  time  think  proper,  to  be  filled  up  with  whole- 
some earth  or  other  solid  materials,  so  far  into  the  said  rivers 
respectively  as  they  shall  from  time  to  time  deem  expedient  for 
promoting  the  health  of  the  said  city;  and  for  filling  up  or  al- 
tering or  amending  all  sinks  and  privies  within  the  said  city,  Privies  and 
and  for  directing  the  mode  of  constructing  them  in  future,  and 
for  causing  subterraneous  drains  to  be  made  from  the  same, 
where  they  may  think  it  necessary. 

§  562.  Whenever  in  the  opinion  of  the  board  of  health  the  pro-  isso,  ch.  -.m.  si. 
tection  of  the  pifblic  health  requiies  the  drainage  of  any  lands 
in  said  city,  by  means  other  than  sewers,  such  board  may  adopt 
a  resolution  describing  the  location  of  such  lands,  and  directing 
the  proper  drainage  thereof,  and  the  construction  of  drains  there-  ^Sj"*8601 
for,  by  the  commissioner  or  commissioners  of  the  department  !Hn.y.,hm 
of  said  city  having  jurisdiction  to  construct  sewers  in  that  part 
of  said  city  where  such  drainage  is  so  required.    Such  board  of 
health  shall  thereupon  cause  a  map  to  be  made,  whereon  shall 
be  shown  the  location  of  such  proposed  drains,  and  the  lands 
required  for  the  construction  thereof.    Such  resolution  shall  be  Mopl" ,,efileU 
entered  at  length  in  the  records  of  such  board  of  health,  and 
such  map  shall  be  filed  in  such  health  department.    A  copy 
thereof  shall  be  filed  in  the  office  of  the  register  of  the  city  and 
county  of  New  York.    Such  board  of  health  shall  cause  another 
copy  of  said  map,  together  with  a  copy  of  such  resolutions,  to 
be  delivered  to  the  commissioner  or  commissioners  of  the  de- 
partment in  said  city  who  shall,  by  such  resolution,  be  required 
to  construct  such  drains. 


PROVISIONS  AS  TO  INFECTIOUS  DI8EA8ES. 


Id.  |2. 


Ki^lil  of  «  ny. 


u.  i«. 


How  acquired, 


Expenses  i 
surveys. 


1880,  ch.  300,  §5. 
Commissioners 
to  adopt  plans. 


£  563.  it  shall  be  the  duty  of  such  commis9ionei  <>r  commis- 
sioners, upon  the  receipt  of  such  map  and  resolution,  through 
the  counsel  to  the  corporation  <  f  , ii<  1  <  it  y.  to  inke  iniin>  <iiat 
and  proper  proceedings  for  the  acquirement  of  a  l  ight  of  vraj 
over,  under,  or  through  the  lands  shown  upon  said  map  to  be 
necessary  for  such  drains,  and  it  shall  he  t  ;e  duty  of  such  coun- 
sel to  the  corporation  immediately  to  take  proceedings  and  con- 
duct them  to  a  speedy  determination. 

§  504.  The  right  of  way  over,  under,  or  through  the  lands  so 
required  for  such  drains  shall  he  taken  and  acquired  in  the  man- 
ner required  by  law  for  acquiring  title  to  lands  in  said  city  to  be 
used  as  public  streets.  Provided,  however,  that  the  time  or 
times  provided  in  such  law  for  the  giving  or  publication  of  any 
notice  shall, for  the  purposes  of  this  section,  be  reduced  one-half, 
and  the  time  for  the  sitting  of  the  commissioners  of  estimate 
and  assessment  to  hear  objections  to  their  report  is  for  the  pur- 
poses of  this  section,  hereby  made  two  days  in  the  place  of  ten 
days.  Any  maps,  plans,  or  surveys  that  may  be  required  for 
the  use  of  the  commissioners  of  estimate  and  assessment,  to  be 
appointed  in  such  proceeding,  shall  be  furnished  by  the  depart- 
ment charged  with  the  construction  of  the  drains,  and  shall  be 
prepared  and  made  by  surveyors  in  the  regular  and  stated  em- 
ployment of  such  department;  neither  the  expense  of  such  sur- 
veys nor  any  other  expenses,  other  than  the  fees  of  the  commis- 
sioners of  estimate  and  assessment  attending  the  proceeding, 
shall  be  included  in  the  assessment  that  may  be  made  by  such 
commissioners  of  estimate  and  assessment.  The  counsel  to  the 
corporation  shall  not  be  entitled  to  any  compensation  for  ser- 
vices to  be  rendered  by  him  in  such  proceeding,'  other  than  his 
stated  salary.  The  commissioners  of  estimate  and  assessment 
shall  not  be  allowed  any  compensation  for  office  rent,  clerk,  or 
carriage-hire.  They  shall  each  be  entitled  to  receive  the  following 
rates  as  compensation  for  their  services  in  full:  Where  the  drain 
to  be  constructed  is  five  hundred  feet  or  under  in  length,  the 
sum  of  twenty-five  dollars.  Where  the  drain  exceeds  five  hun- 
dred feet  in  length,  twenty-five  dollars,  and  in  addition  thereto, 
five  cents  per  foot  for  each  running  foot  of  drain  in  excess  of 
five  hundred  feet,  but  the  compensation  of  each  commisioner 
shall  in  no  case  exceed  one  hundred  and  fifty  dollars. 
5S  §  565.  Upon  the  confirmation  of  the  report  of  the  commis- 
sioners of  estimate  and  assessment  by  the  court,  the  commis- 
sioner or  commissioners  of  the  department  in  said  city  having 
the  charge  of  the  construction  of  such  drains.as  herein  proposed, 
shall  have  the  power  and  they  are  hereby  directed  to  make  and 
adopt  proper  and  suitable  plans  for  such  drains,  and  to  construct 
them.    The  necessarv  cost  of  such  drains,  together  with  neces- 


PITIKK  or  HOARD  OF  HKAI/rH. 


-M  7 


III.  111. 

Niphtsoll.oflral 


sarv  expenses  of  levying  tin-  assessment  therefor,  sliall  be  levied,  e.*i  and 
assessed  and  collected  in  (he  same  manner  as  is  authorized  l»y  i-o~-i.-o.-i 
law  for  the  construction  of  sewers  in  said  city. 

,        ,     .  I874,ch.  830, 110, 

;>:>•;»;.  The  hoard  of  health  sliall  have  full  and  exclusive  power  ,  ,„„,,  ,.> 
and  authority  over  the  removal  of  night-soil,  and  in  the  removal  ,N,',:  M  *°  " 
of  dead  animals,  offal,  night-soil,  hlood,  hones,  tainted  or  im- 
pure meats,  and  other  refuse  matter  from  said  city.  It  is  hereby 
charged  with  the  duty  of  causing  the  removal  of  the  same  daily, 
or  as  often  as  may  be  necessary,  and  of  keeping  the  said  citj 
clean  from  all  matter  or  nuisance  of  a  similar  kind. 

§  r.t'.T.  The  board  of  health  is  authorized  to  make  contracts 
with  any  responsible  person  or  persons  for  the  removal  of  said  ;!;""''  ""J^SSt 
offal,  dead  animals.'  night-soil,  and  other  refuse  matter  from  the  1 '"' "r 
city  of  New  York,  and  to  require  and  receive  security  in  such 
form  and  amount  as  the  said  board  may  approve,  for  the  faith- 
ful performance  by  the  person  or  persons  aforesaid,  to  whom 
such  contracts  may  by  the  said  board  be,  in  its  discretion,  award- 
ed, of  all  and  every  of  the  provisions  of  such  contracts  on  his 
or  their  part. 

§  568.  The  board  of  health  may  from  time  to  time  fix  and  de-  om^^,tl4' 
tine  the  time  of  making,  and  the  form  of  returns  and  reports  to  bowdover  cor 
be  made  to  said  board  by  the  coronei-s  of  the  city  of  New  York,  ^Km*.1"  N' "A 
in  all  cases  of  post-mortem  inquests,  or  viewing  of  dead  bodies 
held  by  them  or  any  of  them;  and  the  said  coroners  are  hereby 
required  to  conform  to  the  directions  of  said  board  in  the  prem- 
ises, and  it  shall  be  the  duty  of  every  coroner  at  once,  and  be- 
fore holding  any  inquest,  upon  being  called  upon  to  bold  an  in- 
quest as  aforesaid,  or  notified  thereof,  to  immediately  transmit 
and  cause  to  be  delivered  to  the  secretary  of  said  board  of  health, 
written  notice  of  the  fact  of  such  call  for  holding  inquests,  in 
which  shall  be  stated  every  particular  then  known  to  said  coro- 
ner as  to  said  call,  the  body,  the  place  where  it  is,  and  the  re- 
ported cause  of  death.    If  at  anv  time  said  board,  or  the  sani-  n..nr.i  may 

r  »  '  order  bunal  of 

tary  superintendent,  shall  deem  the  protection  of  the  public  J.'.;^'"  °'r'Hi" 
health  to  demand,  it  may  (so  soon  as  the  coroner's  jury  shall 
have  viewed  the  dead  body,  and  an  autopsy  thereof  shall  have 
been  made,  provided  the  coroner  deems  the  same  necessary) 
order  the  immediate  burial  of  any  dead  body,  or  if  he  or  it 
deems  that  the  public  health  demands  an  immediate  removal  of 
said  body  from  the  place  of  death  to  another  place  for  inquest, 
may  likewise  at  anytime  order  said  immediate  removal,  and 
shall  have  power  to  cause  said  orders  to  be  obeyed  and  executed. 

§  509.  It  shall  be  the  duty  of  the  board  to  grant  a  permit  for  city  ordinance 
the  removal  of  the  body  of  any  deceased  person  from  the  city,  byl^'cha1,? 
which  has  not  been  buried,  upon  receiving  a  certificate  of  the  an,m.  omp' 
death  of  said  person,  made  in  accordance  with  its  rules.    It  may 


♦  >r  it<  removal. 


DL'TIKS  OF  BoAKI)  OF  HKALT11. 


Removal  of 
the  dead  from 
cemetertea 


Ifltffl.  ch.  74,  |84, 
t.'omp.  137. 


Slate  111  nl I ti 


Reports  from 
hospitals,  ete, 


officers  of  hos- 
pitals, etc.,  to 
gtn  informa- 
tion ami  make 
returns  to 
board. 


1874,  cb.  686,  |1, 
Comp.  466. 
Kxistence  ami 
cause  of  dis- 
ease, etc. 


1HC0,  ch.  74.  §10, 
Comp.  435. 
Information  as 
to  disease,  etc. 


1866,  ch.  74.  §15. 
Comp.  433. 
Duty  of  board 
to  give  infor- 
mation, to  co- 
operate with 
health  officer, 
etc. 


grant  ;i  permit  for  the  removal  of  the  remains  of  any  person  in- 
terred within  the  city  to  a  place  without  the  same,  on  the  appli 
cation  of  a  relative  or  friend  of  such  person,  when  there  shah 
appear  to  he  no  just  objection  to  the  same. 

$570.  It  shall  he  the  duty  of  said  boaiti  of  health  to  aid  in 
the  enforcement  of,  and,  so  far  as  practicable,  to  enforce  all  laws 
of  this  State,  applicahle  in  said  city,  to  the  preservation  of  human 
life,  or  to  the  care,  promotion,  or  protection  of  health;  and  said 
board  may  exercise  the  authority  given  by  said  laws  to  enahle  it 
to  discharge  the  duty  herehy  imposed;  and  this  section  in  in- 
tended to  include  all  laws  relative  to  cleanliness,  and  to  the  use 
or  sale  of  poisonous,  unwholesome,  deleterious,  or  adulterated 
drugs,  medicine,  or  food.  Said  hoard  is  authorized  to  require 
reports  and  information  (at  such  times  and  of  such  facts,  and 
generally  of  such  nature  and  extent,  relating  to  the  safety  of  life 
and  promotion  of  health  as  its  by-laws  or  rules  may  provide- 
from  all  public  dispensaries  hospitals,  asylums,  infirmaries, 
prisons,  and  schools,  and  from  the  managers,  principals,  and 
officers  thereof;  and  from  all  other  public  institutions,  their 
officers  and  managers,  and  from  the  proprietors,  managers, 
lessees,  and  occupants  of  all  theatres  and  other  places  of  public 
resort  or  amusement  in  said  city;  but  such  reports  and  informa- 
tion shall  only  be  required  concerning  matters  or  particulars  in 
respect  of  which  it  may,  in  its  opinion,  need  information  for  the 
better  discharge  of  its  duties  in  said  city.  And  it  is  hereby  made 
the  duty  of  the  officers,  institutions,  and  persons  so  called  on,  or 
referred  to,  to  promptly  give  such  information  and  make  such 
reports,  verbally  or  in  writing,  as  may  be  required  by  said  board. 

.i  61 L.  The  board  of  health  shall  use  all  reasonable  means  for 
ascertaining  the  existence  and  cause  of  disease  or  peril  to  life  or 
health,  and  for  averting  the  same  throughout  said  city,  and 
shall  promptly  cause  all  proper  information  in  possession  of  said 
board  to  be  sent  to  the  local  health  authorities  of  any  city,  vil- 
lage, or  town  in  this  State  which  may  request  the  same,  and 
shall  add  thereto  such  useful  suggestions  as  the  experience  of 
said  board  may  supply. 

§  572.  It  shall  be  the  duty  of  said  board,  so  far  as  it  may  be 
able,  without  serious  expense,  to  gather  and  preserve  such  in- 
formation and  facts  relating  to  deaths,  disease,  and  health,  from 
other  parts  of  this  State,  but  especially  in  said  city,  as  may  be 
useful  in  the  discharge  of  its  duties,  and  contribute  to  the  pro- 
motion of  health  or  the  security  of  life  in  the  State  of  Xew  York. 

*  57;'.  It  shall  be  the  duty  of  said  board  to  give  all  informa- 
tion that  may  be  reasonably  requested  concerning  any  threat- 
ened danger  to  the  public  health,  to  the  health  officer  of  the 
port  of  New  York,  and  to  the  commissioners  of  quarantine  of 


oKDKRS  OF  HOAUD  (»!■  HKAI.I1I. 


said  port  ;  who  shall  give  the  like  information  to  said  hoard  ; 

and  said  hoard,  and  said  officer  and  said  quarantine  commission 

crs  shall,,  so  far  as  legal  and  practicable,  co-operate  together  to 

prevent  the  spread  of  disease,  and  for  the  protection  of  life,  and 

for  the  promotion  of  -health,  within  the  sphere  of  their  respect-  ^c^m^in 

ive  duties.     Said  hoard  may  grant  hills  of  health  to  masters  of 

vessels  certifying  to  the  condition  of  the  city  in  respect, of 

health. 

§  574.  It  shall  be  the  duty  of  the  registrar  of  vital  statistics  iseo,  ch  m 
to  ascertain  and  report  to  each  captain  of  police  whether  any  ' 
physician  who  applies  for  registry,  as  willing  to  respond  to  any 
call  for  medical  attendance,  as  provided  in  section  two  hundred 
and  ninety-seven  of  this  act,  is  in  good  and  regular  standing, 
and  to  transmit  to  such  captain  a  certificate  thereof.  It  shall  be 
the  duty  of  the  board  of  health  to  pay  at  sight  the  fee  of  three 
dollars  certified  to  he  due  any  physician,  in  accordance  with  sec- 
tion two  hundred  and  ninety-eight  hereof,  and  to  enter  such 
payment  in  a  book  provided  for  that  purpose,  and  to  take  up 
such  certificate.  .  • 

§  :>~:>.  The  sanitary  code  adopted  and  declared  as  such  at  a  smiiiarj  co'al'' 
meeting  of  the  hoard  of  health  of  the  health  department  of  the  ™y^o*4TO 
city  of  New  York,  held  in  the  city  on  the  second  day  of  June.  ,V|'1,,'U,N,I(',  v  ': 
one  thousand  eight  hundred  and  seventy-three,  as  amended  in  ac-  K"''  " 
eordance  with  law,  is  hereby  declared  to  be  binding  and  in  force  in 
said  city,  and  shall  continue  to  be  so  binding  and  in  force  except 
as  the  same  may  from  time  to  time  be  altered,  amended,  or  an-  [878,ch.835,$8e. 
nulled  by  said  board.     Said  board  is  hereby  authorized  and  em-      p' m' 
powered  from  time  to  time  to  add  to  or  to  alter,  amend  or  annul 
the  said  sanitary  code  or  any  part  thereof.    It  may  therein  pub 
lish  additional  provisions  for  the  security  of  life  and  health  in 
the  city  of  New  York,  and  distribute  appropriate  powers  and 
duties  to  the  members  and  employees  of  the  board  of  health,  not  iw7.ch.9B6,  po, 
inconsistent  with  the  constitution  or  laws  of  this  State.    It  may 
embrace  therein  all  matters  and  subjects  to  which  and  so  far  as 
the  power  and  authority  of  said  board  of  health  extends  ;  not  i*'4»chiS?'*,5> 
hunting  their  application  to  the  subject  of  health  only.    But  no 
such  alteration  or  amendment  shall  take  effect  or  be  binding  or 
in  force  until  the  same  has  been  published  once  a  week  for  two 
successive  weeks  in  the  City  Record.     The  publication  of  addi- 
tional provisions  in  and  of  additional  ordinances  of  the  sanitary 
code  once  a  week  for  two  successive  weeks  in  the  City  Record  oomp^S?'*82 
shall  be  sufficient  and  render  any  further  publication  of  the 
same  in  any  other  newspaper  unnecessary.    Any  violation  of 
said  code  or  its  amendments  shall  be  treated  and  punished  as  a 
misdemeanor,  and  the  offender  shall  also  be  liable  to  pay  a 
penalty  of  fifty  dollars,  to  be  recovered  in  a  civil  action  in  the 


220 


ORDKRS  OF  i'.OARl)  OF  IIKALTli. 


1874,  cb.C68|,  4. 

1KGC,  Cfa.  74,  $20, 
Corap.  435. 

iw).  eta,  IAS,  |1. 


Ni.l  In  UlTeel 

powers  of 
board  of  health. 
1881,  eh.887,111, 


1887,  eta.  956,  |S 
Comp.  442. 
Service  of 
orders. 


On  agents  of 
tenement  and 
lodging  houses. 


name  of  the  health  department  of  the  city  of  New  York,  before 
any  justice  or  tribunal  in  said  city,  having  jurisdiction  of  civil 
actions  ;  and  nil  such  justices  and  tribunals  shall  take  jurisdic- 
tion of  such  action.  In  all  courts  of  justice  or  judicial  proceed- 
ings proof  of  the  said  sanitary  code,  and  of  the  proceedings  of 
such  board  of  health  in  relation  thereto,  by  the  production  of 
the  book  of  minutes  of  such  meeting  held  as  aforesaid,  or  a 
transcript  of  the  record  of  such  proceedings  duly  authenticated 
by  the  secretary  of  the  said  board  of  health,  shall  be  held  and 
taken  as  complete,  and  valid  evidence  of  the  slid  sanitary  code, 
its  due  adoption,  enactment,  and  publication. 

§  570.  The  board  of  health  shall  cause  to  be  enforced  the  pro- 
visions of  its  sanitary  code  requiring  that  separate  receptacles  be 
provided  for  ashes  and  rubbish,  and  for  garbage  and  liquid  sub- 
stances, and  forbidding  that  the  same  be  placed  or  kept  in  the 
same  receptacle,  and  requiring  the  streets  and  sidewalks  to  be 
kept  free  from  incumbrance  by  such  receptacles  except  at  such 
times  as  may  be  designated  by  the  commissioner  of  street  clean- 
ing for  the  collection  of  their  contents;  and  for  violation  of  any 
of  the  said  provisions  of  said  code  both  the  owners  and  occupants 
of  all  houses  in  the  city  shall  be  severally  responsible  and  subject 
to  the  penalties  and  prosecutions  imposed  by  the  said  code,  and 
all  other  provisions  of  said  code  and  of  the  city  ordinances  rela- 
tive to  the  cleanliness  of  the  streets,  and  the  said  board  of  health 
is  empowered  to  institute  prosecutions  and  suits  for  penalties  for 
the  violation  of  any  such  provisions,  in  the  name  of  the  mayor, 
aldermen,  and  commonalty  of  the  city  of  New  York. 

§  577.  Service  of  any  order  of  said  board  of  health  shall  be 
deemed  sufficient,  if  made  upon  a  principal  person  interested  in 
(or  upon  a  principal  officer  charged  with  duty  in  respect  of)  the 
business,  property,  matter,  or  thing,  or  the  nuisance'  or  abuse  to 
which  said  order  relates;  or  upon  a  person,  officer,  or  board,  or 
one  of  the  board  who  may  be  most  interested  in  or  affected  by 
its  execution.  If  said  order  relate  to  any  building  (or  the  drain- 
age, sewerage,  cleaning,  purification,  or  ventilation  thereof,  or 
of  any  lot  or  ground  on  or  in  which  such  building  stands),  used 
for  or  intended  to  be  rented  as  the  residence  or  lodging-place  of 
several  persons,  or  as  a  tenement-house  or  lodging-house,  service 
of  such  order  on  the  agent  of  any  person  or  persons  for  the  rent- 
ing of  such  building,  lot,  or  ground,  or  for  the  collecting  of  tke 
rent  thereof  (or  of  the  parts  thereof  to  which  said  order  may 
relate)  shall  be  of  the  same  effect  and  validity  as  due  service 
made  upon  the  principal  of  such  agent,  and  upon  the  owners, 
lessees,  tenants,-  occupants  and  of  such  buildings,  or  parts  there- 
of, or  of  the  subject-matter  to  which  such  order  relates. 


ORDERS  OF  lii>AUi>  OF  HEALTH. 


*  57^.  Service  of  anv  order  made  under  1 1  10  first  SUDdi  vision  yfA-  •■><.'•*■  »"• 
of  section  live  hundred  and  thirty-five  shall,  before  its  execution, 

ho  made  on  the  owner,  occupant.  or  truant  of  the  premises,  prop- 
erty, or  business,  or  sonic  of  them,  who  to  .-aid  hoard  may  appear 
most  directly  interested  in  its  execution,  provided  said  parties,  or 

any  of  them,  are  in  said  city  and  can  he  found,  and  such  service  '•'  v  111 

can  he  conveniently  made.    The  Orders  referred  to  in  the  second  irhomoniera 
subdivision  of  siiid  section  shall,  if  the  proper  person  or  persons      .'.i " 
are  known  to  the  board,  and  can  be  conveniently  found  in  said 
city,  be  served  upon  one  or  more  of  the  owners,  occupants, 
lessees,  or  tenants  of  the  subject-matter  to  which  said  order 
relates,  or  upon  one  or  more  of  the  persons  whose  duty  it  was  to 
have  done  what  is  therein  required  to  be  done,  as  the  case  may 
render  just  and  proper  in  the  opinion  of  said  board.    If  personal  - -<-y ••-•■•ann-.i 
service  of  any  order  cannnot  be  made  by  reason  of  absence  from 
the  said  city,  or  inability  to  find  such  person  therein,  to  be 
shown  by  the  official  certificate  of  the  officer  having  such  order 
to  serve,  then  service  may  be  made  through  the  mail,  or  by  a 
copy  left  at  the  residence  or  place  of  business  of  the  person 
sought  to  be  served,  with  a  person  of  suitable  age  and  discre- 
tion. 

§  579.  Said  board  shall  cause  to  be  kept  a  general  complaint  ^«h^  S8*. 
book,  or  several  such  books,  in  which  may  be  entered  by  any  J,;;^1'1'"" 
person,  in  good  faith,  any  complaints  of  a  sanitary  nature  which 
such  person  thinks  may  be  useful,  with  the  name  and  residence 
of  the  complainant,  and  may  give  the  names  of  the  person  or 
persons  complained  of,  and  the  date  of  the  entry  of  the  com- 
plaint, and  such  suggestions  of  any  remedy  as  may  in  goocrfaith 
be  thought  appropriate;  and  said  books  shall  be  open  to  all 
reasonable  public  examination  as  the  board  may  authorize;  and 
the  board  shall  cause  the  facts  in  regard  to  such  complaints  to  be 
investigated,  and  the  appropriate  remedy  to  be  applied. 

§  580.  The  health  department  may  use  in  compensation  of  mm, eh.su, ji; 

•  i  •  x  r.      ■   ■  i  i    *  t  -.    5?86,  Ch.  74, 06, 

special  inspectors,  phvsicians.  and  nurses  and  tor  supplies  and  <'<""!>  ,il 

.  .  i  •  .       n  .  1  ^  1874.  ch.  636.  fl, 

contingencies,  such  sum,  not  exceeding  in  the  aggregate  fifty  K**}-^ 
thousand  dollars  in  excess  of  the  annual  appropriation  as  maybe 
at  any  time  appropriated  by  the  board  of  estimate  and  apportion- 
ment for  the  prevention  of  dangers  from  contagious  or  infectious 
diseases  found  to  exist  in  said  city,  or  for  the  care  of  persons  ex- 
posed to  danger  from  contagious  or  infectious  diseases.  In  the 
presence  of  great  and  imminent  peril  to  the  public  health  by 
reason  of  impending  pestilence,  having  first  taken  and  filed 
among  its  records  what  it  shall  regard  as  sufficient  proof  to 
authorize  its  declaration  of  such  peril,  and  having  duly  entered 
the  same  in  itsrecords,  it  shall  be  the  duty  of  said  board  to  take 
such  measures,  and  to  do  and  order,  and  cause  to  be  done,  such 


222 


OFFICKKS  OF  I50AKI)  OF  I1KALTII. 


i  1 1  rdCTdlnai  i 
measure)  un<l 
expenditures, 


186CL  oh. 74,  Sii 
<  ovav,  IS0.  • 

1880,  Oh.  101. 

s.-<.  i8r:i.  <b 

335,  $81;  II  N. 
V  Supr.  SS8, 


Jti'(|iiisltc  ••: 

penditures, 


•    1866,  eh.  ;  I.  |S8 
( !omp.  487, 
Meetings  <>f 
board. 


I873,ch.885,  §81 
Comp.  133. 


J«06,  cb.  74.  §>•>. 
f  'oni(>.  ISTi. 


Unties  and 
powers  of 
president. 


1807,  ch.  950.  §1 
Comp.  441. 

Duties  of 
secretarv. 


acts  and  make  such  expenditures  (beyond  those  duly  estimated 
for  0i  provided)  for  the  preservation  of  the  public  health  (  though 
not  herein  elsewhere  or  otherwise  authorized)  as  it  may  in  good 
faith  declare  the  public  safety  and  health  to  demand,  and  the 
mayor  shall  in  writing  approve.  Bui  the  exercise  of  this  extraor- 
dinary power  shall  also,  so  far  as  it  involves  such  excessive 
expenditures,  require  the  written  consent  of  at  least  three  mem- 
bers of  the  board.  And  such  peril  shall  not  be  deemed  to  exisl 
except  when,  and  for  such  period  of  time,  as  the  said  board  -hall 
declare. 

£  581.  Said  board  may  tit  up  and  furnish  such  offices  provided 
for  it  in  accordance  with  law,  as  the  convenience  of  the  board, 
its  officers,  agents  and  employees,  and  the  prudent  and  proper 
discharge  of  the  duties  of  tin;  board  may  recpiire  ;  and  may,  sub- 
ject to  the  other  provisions  of  this  act,  make  such  incidental  and 
additional  expenditures,  having  due  regard  to  economy,  as  the 
purposes  and  provisions  of  this  chapter,  and  the  dangers  to  life 
and  public  health  may  justify  or  recpiire  ;  and  may  provide  thai 
any  failure  of  any  officer,  agent  or  employee  of  the  board  to  duly 
fulfil  his  engagements  or  discharge  his  duty,  shall  cause  a  for- 
feiture of  the  whole  or  any  less  portion  of  the  salary  or  compen- 
sation of  such  officer,  agent  or  employee,  as  the  rules  or  practice 
of  the  board  may  provide.  The  board  of  police  is  authorized 
to  allow  the  board  of  health  to  occupy  a  portion  of  its 
premises. 

5$  582.  Said  board  shall  hold  regular  and  special  meetings  as 
frequently  as  the  proper  and  efficient  discharge  of  its  duties  shall 
require  ;  the  same  to  be  held  (unless  it  shall  be  impracticable  so  to 
do,  or  shall  be,  for  good  reasons,  otherwise  ordered)  at  the  regu- 
lar office  of  said  board  in  the  city  of  New  York  ;  and  the  rules 
or  by-laws  shall  provide  for  the  giving  of  proper  notice  of  all 
such  meetings  to  the  members  of  the  board. 

^  5S3.  Said  board  may  delegate  any  portion  of  its  powers  to 
the  president  or  sanitary  superintendent,  to  be  exercised  when 
the  board  is  not  in  session. 

§  584.  The  president  of  said  board  shall  preside  and  preserve 
order  at  the  meetings  of  the  board  ;  and  in  case  of  the  absence 
ot  inability  of  the  regular  secretary  to  attend,  he  shall  appoint  a 
secretary  pro  tempore,  who,  for  the  time  being,  may  perform 
any  duty  of  the  secretary.  The  board  at  a*ny  time  may  elect 
persons  to  perform  the  duties  of  president  or  secretary  pro  tem- 
pore during  any  time  when  either  of  said  officers  may  be  absent 
or  be  unable  or  may  refuse  to  perform  their  respective  duties, 
who  shall  exercise  the  powers  of  such  officers,  respectively. 
The  secretary  shall,  subject  to  the  direction  of  sa^board,  keep 
and  authenticate  its  acts,  records,  papers  and  proceedings,  pre- 


i»i  PIES  OF  81  BOBQINAT£S. 


228 


serve  its  books  and  papers,  conduct  its  correspondence,  and  aid 
in  accomplishing  tlu1  purposes  of  tins  chapter,  as  the  board  may 

direct.    The  board  may  designate  one  of  the  clerks  in  the  see re-       ,  ■■' 

J  ( omp,  in. 

tary's  office  of  said  hoard  as     chief  clerk,"  who  may  perform 
such  dut  ies  of  the  secretary  as  shall  he  assigned  him  j  and  papers 
"certified  by  said  chief  clerk  shall  he  of  the  same  effect,  as  evi- 
dence and  otherwise,  as  if  certified  hv  the  secretary.    Said  heard       ■•>'  •*■>'>-■ 
•  m  J  *'  Comp.  188. 

shall  keep  records  of  its  acts  and  proceedings  as  a  board,  and  of  Seal  of  board 
the  execution  of  its  orders  so  far  as  reasonably  practicable. 
Said  hoard  may  design  and  adopt  a  seal,,  and  uso  the  same  in  the 
authentication  of  its  orders  and  proceedings,  commissioning  it^ 
officers  and  agents,  and  otherwise,  as  the  rules  of  the  hoard  may 

°         '  '  J    1806,  cb,  74,  {90, 

provide.  Said  hoard  may  enact  such  by-laws,  rules  and  regula-  Comp.  iss 
tions  as  it  may  deem  advisable,  in  harmony  with  the  provisions 
and  purposes  of  this  chapter,  and"  not  inconsistent  with  the  con 
stitution  or  laws  of  this  State,  for  the  regulation  of  the  action  of 
said  hoard,  its  officers  and  agents,  in  the  discharge  of  its  and 
their  duties,  and  from  time  to  time  may  alter,  annul  or  amend 
the  same. 

§  585.  Said  board  may  establish  reasonable  regulations  as  to 
the  publicity  of  its  records  and  proceedings;  and  may  publish 
such  information  as  may,  in  its  opinion,  bo  useful,  concerning 
births,  deaths,  marriages,  sickness,  and  the  general  sanitary  con- 
dition of  said  city  or  any  matter,  place,  or  thing  therein. 

§  586.  It  shall  he  the  duty  of  the  sanitary  superintendent,  as  gg*j#>|Wi 
he  may  be  directed,  to  execute,  or  cause  to  be  executed,  the  or-  Dutyofsani- 
ders  of  said  board,  and  generally,  according  to  its  instruction,  to  tendent. 
exercise  a  practical  supervision  in  respect  to  the  inspectors, 
agents,  and  other  persons  other  than  the  secretary/,  treasurer, 
and  members  of  the  board  or  the  members  of  the  police  force 
who  may  exercise  any  authority  under  this  chapter;  and  said 
officer  shall  devote  his  services  to  the  aforesaid  purposes,  as  the 
•board  may  from  time  to  time  direct.    Such  superintendent  shall 
make  reports  weekly,  or  oftener,  if  directed  by  the  board,  in 
writing,  stating  generally  his  own  action  and  that  of  his  sub- 
ordinates, and  the  condition  of  the  public  health  in  said  city,  and 
any  causes  endangering  life  or  health  that  have  come  to  his 
knowledge  during  that  period. 

§  587-  The  sanitary  superintendent  or  the  sanitary7  inspectors  jj^^1^ 
or  the  officers  of  said  hoard  may  visit  all  sick  persons  who  shall  ("r'  0omP- ** 
he  reported  to  the  board  of  health  as  sick  of  any  contagious,  duties, 
pestilential,  or  infectious  disease  and  report  to  the  hoard  of  health 
in  writing  his  or  their  opinion  of  their  sickness.    He  or  they 
shall  visit  and  inspect  all  vessels  coming  to  the  wharves,  landing 
places,  or  shores  of  said  city,  or  within  three  hundred  yards 


una 

thereof.  whicfflPe  suspected  of  having  on  hoard  any  infectious 


di  TIES  OF  SUBORDINATES. 


or  contagious  disease,  or  likely  to  communicate  the  disease  t<»the 
inhabitants  of  said  city,  and  all  stores  and  places  within  said  city 
which  arc  suspected  to  contain  putrid  or  unsound  provisions,  or 
other  articles  likely  to  communicate  disease  to  the  inhabitants, 
and  make  and  sign  a  report  in  writing,  stating  the  vessel,  stores, 
places,  and  articles  so  inspected  by  him  or  them,  and  the  nature, 
state,  and  situation  thereof,  and  his  or  their  opinion  in  relation 
thereto,  as  to  the  prohahility  of  disease  being  communicated  by 
or  from  the  same,  and  file  such  report  in  the  office  of  the  hoard 
of  health. 

i866,ch.r4, m,       ;^  588.  Said  hoard  may  appoint  and  commission  such  number 
"P-    ■       ,,[;  "sanitary  inspectors"  as  the  hoard  may  deem  needful,  not 
exceeding  fifteen,  and,  from  time  to  time,  prescribe  the  dutitt 
and  salaries  of  each  of  said  inspectors  and  the  place  of  their  per- 
formance (and  of  all  other  persons  exercising  any  authority 
under  said  hoard  except  as  herein  specially  provided);  hut  at 
h  ast  ten  of  such  inspectors  shall  he  physicians  of  skill  and  of 
practical  professional  experience  in  said  city,  and  the  residue 
thereof  shall  he  selected  with  reference  to  their  practical  know] 
edge  of  scientific  or  sanitary  matters,  which  may  especially 
qualify  them  for  such  inspectors.    Each  of  such  inspectors  shall, 
twice  in  each  week,  make  a  written  report  to  said  hoard,  stating 
what  duties  he  has  performed,  and  where  he  has  performed  them, 
and  also  such  facts  as  have  come  to  his  knowledge,  connected 
with  the  purposes  of  this  chapter,  as  are  by  him  deemed  worthy 
the  attention  of  said  hoard,  or  as  its  regulations  may  require  of 
him:  and  such,  and  the  other  reports  herein  elsewhere  men- 
tioned, shall  be  preserved  among  the  records  of  said  board. 
1878, ch.886,s8i,       §589.  Said  board  may  appoint  an  attorney  at  a  salary  not 
i&7™di.636,  f,.  exceeding  two  thousand  five  hundred  dollars  a  year,  to  be  pro- 
saiary  nf'uttor-  vided  for  and  paid  as  other  salaries  in  said  department.  He 
ney  of  board,    gjjgjj  w]ien  appointed  as  such  by  the  said  board,  be  also  its 
counsel,  and  shall  have  a  salary  for  his  services  as  attorney  and 
counsel  to  be  fixed  by  the  said  board  not  to  exceed  six  thousand 
dollars. 

isoe.cii.  ra,§!B,       §  590.  Said  board  may,  from  time  to  time,  engage  a  suitable 
Board  to  em-    person  or  persons  to  render  sanitary  engineering  service,  and  to 
e£gtaeer&aiy    make  or  supervise  practical  and  scientific  sanitary  investigations 
and  examinations  in  said  city  requiring  engineering  skill,  and  to 
prepare  plans  and  reports  relative  thereto. 
1866,  ch.  74  §22,       §  591.  And  said  board  may  provide  a  badge  of  metal,  with  a 
Badge  to  be     suitable  inscription  thereon,  and  direct  and  require  it  to  be 
"fToafd0ffiters  worn,  in  a  position  to  be  designated,  by  any  person  or  officer 
under  the  authority  of  said  board,  at  such  times  and  under 
such  circumstances  as  the  rules  or  bydaws'  of  said  board  shall 
direct.  £^ 


CO-OPERATE  WITH  BOARD  OF  HKAI.TM. 


1602.  The  members  of  said  board,  the  sanitary  superintend  isbb, ch.  74, §«. 

J  c    ,  (,'omp.  437. 

dent,  or  any  of  tin*  sanitary  inspectors,  and  such  other  officer  or 
person  ;is  may  at  any  time  bo  by  said  board  authorized,  may, 
without  fee  or  hindrance,  enter,  exairftnc,  and  survey  all 
grounds,  erections,  vehicles,  structures,  apartments,  buildings, 
and  places  in  said  city,  including  vessels  of  all  kinds  in  the 
waters,  and  all  cellars,  sewers,  passages,  and  excavations  of 
every  sort,  and  inspect  the  safety  and  sanitary  condition  and  , 
make  plans,  drawings,  and  descriptions  thereof,  according  to  the 
order  or  regnlat  ions  of  said  board.  Said  board  may  make  and 
publish  a  report  of  the  sanitary  condition,  and  the  result  of  the 
inspection  of  any  place,  matter,  or  thing  in  said  city  so  in- 
spected, or  otherwise  as  aforesaid,  so  far  as,  in  the  opinion  of 
said  board,  such  publication  may  he  useful. 

=i  593.  Proofs,  affidavits,  and  examinations  as  to  any  matter  aSm^jgt*14' 
under  this  chapter  may  he  taken  by  or  before  one  or  more  mem- 
bers of  the  board,  or  other  person,  as  the  board  shall  authorize  ; 
and  the  secretary,  the  sanitary  superintendent,  and  any  mem- 
ber of  said  board  shall,  severally,  have  authority  to  administer  £xa"""-"l""s 
oaths  in  such  matters,  and  any  person  guilty  of  willfully  testi- 
fying falsely  shall  incur  all  the  pains  and  penalties  of  perjury. 

§  594  It  shall  be  the  duty  of  the  board  of  police  (and  of  its  0^£«2!,§ir' 
officers  and  men,  as  said  board  shall  direct),  to  promptly  advise  Sd^geiSSui*0 
the  board  of  health  of  all  threatened  danger  to  human  life  or  b°<"-(iof(inng..r 

°  See  41  X.  Y. 

health,  and  of  all  matters  thought  to  demand  its  attention,  and  Snpr.Jtsa 
to  regularly  report  to  said  board  of  health  all  violations  of  its 
rules  and  of  said  ordinances,  and  of  the  health  laws  and  all  use- 
ful sanitary  information.  Said  boards  shall,  so  far  as  practicable 
and  appropriate,  co-operate  for  the  promotion  of  the  public 
health  and  the  safety  of  human  life  in  said  city.  The  board  ^r(:'1;n' ':,  s 
of  police  may,  if  requested  by  the  board  of  health,  employ  their 
surgeons  to  aid  the  sanitary  inspectors  in  the  discharge  of  their 
duties,  under  such  regulations  and  orders  as  the  board  of  police 
may  make  and  issue.  It  shall  be  the  duty  of  said  board  of 
police,  by  and  through  its  proper  officers,  agents,  and  men,  to 
faithfully  and  at  the  proper  time  enforce  and  execute  the  sani- 
tary rules  and  regulations,  and  the  orders  of  said  board  of  health 
(made  pursuant  to  the  power  of  said  boar.d  of  health),  upon  the 
same  being  received  in  writing  and  duly  authenticated  as  said 
board  of  health  may  direct.  Said  board  of  police  is  authorized 
to  emplov  and  use  the  appropriate  persons  and  means,  and  to  nee  iu  their"™ 

.      5T  t  -,  ,.j  r        i  forcementof 

make  the  necessary  and  appropriate  expenditures  for  the  execu-  winimn- ruie5. 
lion  and  enforcement  of  said  rules,  orders,  and  regulations,  and 
such  expenditures,  so  far  as  the  same  may  not  be  refunded  or 
compensated  by  the  means  herein  elsewhere  provided,  shall  be 
paid  as  the  otffier  expenses  of  said  board  of  health  are  paid.  In 


226 


LIABILITY  OF  BOARD  «>r  HEALTH. 


I878,cb.  885,|81, 
Conip.  YZ&. 

'l87l.  ch.  630,  $7. 
C'omp.  45H. 
Orders  of  board 
of  health,  how 
executed. 
Expennes,  how 
pai.l 


MB  ch.':iv>.  |8S, 
as  amended 
l878,ch.757,f!S, 
C'omp.  4'M. 


L806,  ch.  (4,  $22 
C  omp.  !3fl. 


1W6.  ch.  74,  $24. 
Tomp.  438. 


and  about  the  execution  of  any  order  of  the  board  of  health  or 
of  the  board  of  police  made  pursuant  thereto,  police  officers  and 
policemen  shall  have  as  ample  power  and  authority  as  when 
obeying  any  order  or  or  law  applicable  to  the  board  of  police,  or 
as  if  acting  under  a  ^special  warrant  of  a  justice  or  judge,  duly 
issued;  but  for  their  conduct  they  shall  be  responsible  to  the 
board  of  police  and  not  to  the  board  health.  Said  board  may, 
with  the  consent  of  the  board  of  police,  impose  any  portion  of 
the  duties  of  subordinates  in  said  department  upon  subordinates 
in  the  police  department. 

§  505.  The  said  board  of  health,  if  it  shall  consider  the  public 
health  or  interests  so  to  require,  may  execute  orders  through  its 
own  officers  or  persons,  and  means  to  be  engaged  by  the  said 
board  of  health.  Whatever  expenses  said  board  of  health  may 
lawfully  and  properly  incur  in  the  execution  of  any  judgment 
aforesaid,  or  in  executing,  or  in  connection  with  its  own  orders, 
made  in  good  faith,  or  in  and  about  the  discharge,  in  good 
faith,  of  its  duties,  or  in  satisfying  any  liability  or  judgment  it 
may  have  in  good  faith  incurred  or  suffered  by  reason  of  its  acts 
done  in  good  faith  as  aforesaid,  or  in  satisfying  any  claim 
against  its  officers  or  subordinates,  arising  from  their  acts  in  the 
discharge  in  good  faith  of  their  respective  duties,  shall,  so  far 
as  established,  be  paid  out  of  its  fund  or  other  moneys. 

§  590.  All  orders  duly  made  by  the  department  of  health  to 
which  said  department  succeeded,  and  by  their  terms  or  neces- 
sary legal  effect  to  be  executed  in  the  city  of  New  York,  may  be 
executed,  and  the  execution  thereof  compelled,  and  the  execu- 
tion of  such  of  them  as  are  partly  executed  maybe  compelled  by 
the  department  of  health:  and  the  said  orders  may  be  severally 
rescinded  or  modified  by  said  department,  with  like  effect  as 
could  have  been  done  by  the  department  existing  at  the  time 
the  said  orders  were  severally  made.  The  said  department  may 
discharge  all  liens  upon  real  estate  in  the  city  of  New  York,  cre- 
ated in  proceedings  instituted  by  the  metropolitan  board  of 
health,  or  the  department  of  health  which  succeeded  thereto,  in 
the  same  manner  and  for  the  same  causes  that,  by  laws  existing 
January  first,  eighteen  hundred  and  seventy,  they  could  be  dis- 
charged by  the  metropolitan  board  of  health. 

§  597.  It  is  made  the  duty  of  all  boards,  officers,  and  agents, 
having  the  control,  charge  or  custody  of  any  public  structure, 
work,  ground  or  erection,  or  of  any  plan,  description,  outline, draw- 
ing, or  charts  thereof,  or  relating  thereto,  made,  kept  or  controlled 
under  any  public  authority,  to  permit  and  facilitate  the  exam- 
ination and  inspection,  and  the  making  of  copies  of  the  same  by 
any  officer  or  person  thereto  by  said  board  authorized.  It  is 
made  the  duty  of  all  persons,  officers  and  boards  to  make  to  said 


LIABILITY  OF  BOARD  OF  HEALTH.  --T. 

board  of  health  tho  reports  and  returns,  and  to  give  the  infor- 
mation and  afford  t  >  said  board  the  aid  -  and  facilities  which  by 
law  or  ordinance  they  or  any  of  them  were  required  to  make, 
afford,  or  give  to  any  person,  officer  or  board,  when  any  powers 
conferred  on  said  board  of  health  were  exercised  by  any  other 
officer  of  board. 

§  59S.  Such  board  shall  not  be  required  to  make  anv  return  or  Id  25« 

0  .    „  ..  ,.  ,  ,  .  ,      Whnt  board  U 

report,  or  give  anv  lnlormation  or  advice,  or  do  any  act  winch,  not  require 

*  a  _  to  <lo. 

under  the  former  administration  of  the  health  laws  in  said  city, 
was  made  necessary  or  appropriate  by  reason  of  the  various 
officers,  boards,  or  agents  by  or  through  which  said  laws  were 
executed  or  administered,  or  the  powers  conferred  were  exer- 
cised. 

J ;  591).  No  member,  officer  or  agent  of  said  board  of  health,  ^mp^t?6,  |7, 
and  no  person  (but  only  the  board  itstdf )  shall  be  sued  or  held  to  M-mi-rs n,..i 

1  J  '  .      officers  of 

liability  for  any  act  done  or  omitted  by  either  person  aforesaid  ^^ftj^ 
(in  good  faith  and  with  ordinary  discretion)  on  behalf  of  or  under  Beei874,ch. 
said  board,  or  pursuant  to  its  regulations,  ordinances  or  the  Bouni  liable  to 
health  laws.    And  any  person  whose  property  may  have  been  act'°" 
unjustly  or  illegally  destroyed  or  injured,  pursuant  to  any  order, 
regulation  or  ordinance,  or  action  of  said  board  of  health  or  its 
officers,  for  which  no  personal  liability  may  exist  as  aforesaid, 
may  maintain  ti  proper  action  against  said  board  for  the  recovery 
of  the  proper  compensation  or  damage  to  be  paid  by  and  from 
the  funds  of  said  board  of  health.    Every  such  suit  must  be 
brought  within  six  months  after  the  cause  of  ^action  arose,  and 
the  recoverv  shall  be  limited  to  the  damages  suffered.    And  there  AVliat  uia,y 1)0 

a  recovered 

shall  1)0  the  same  right  to  sue  and  recover  against  said  board  (  the  «her?nou"" 

°  0  k  dertakint: 

amount  to  be  paid  from  its  funds)  when  no  security  or  under-  K>ve"- 
taking  is  given  by  the  board  on  appeal,  or  the  granting  of  an  in- 
junction, that  would  have  existed  to  sue  and  recover  of  any 
party  to  such  undertaking,  had  the  same  been  duly  executed  by 
any  such  party  and  board,  and  duly  approved  and  filed  according 
to  the  practice  in  analogous  cases. 

£  GOO.  Whenever  the  words  "place,  matter,  or  thing,''  or  J*^^?4- 
either  two  of  said  words,  are  used  in  this  title  or  in  titles  four  and 
five  of  this  chapter,  they  .shall,  unless  the  sense  plainly  requires 
a  different  construction,  be  construed  to  include  whatever  is  em- 
braced in  the  enumeration  with  which  they  are  connected  in  sec- 
tion five  hundred  and  thirty-five. 

£  601.  No  salary  or  compensation  shall  be  paid  to,  or  fees  de-  laee,  ch.  74,  §1;. 
manded  by,  or  expense  ordered  to  be  incurred  by  any  officer,  see  h.,  <■»>, 
board  or  agent,  or  in  respect  to  any  service,  expenditure  or  em-  ^Tinty  em- 
ployment uuder  the  authority  of  any  health  law,  ordinance,  re-  excep\bJsTedre 
gulation  or  appointment  of  or  in  said  city,  unless  such  salary,  inProvided- 
expenditure,  employment  fees  or  expense  shall  be  authorized  by 


228 


REOISTR1  OF  MARBIAQE8,  Vft 


the  department  of  lioalth.  No  municipal  body  or  other  authority 
shall  create  or  employ  any  officer  or  agent,  or  incur  any  expense 
under  any  health  laws  or  ordinances,  or  in  respect  of  any  matter 
concerning  which  '-aid  department  is  by  this  chapter  given  con- 
trol or  jurisdiction. 

Title  -.    Matn'ctges.  Births}  and  Deaths. 


ik.->;s.  ch.  ;j.  |1, 

( 'omp.  17'J 

Unchanged. 

Registry  of 
inniTinges. 


I880,cb.  74;  |13, 
<  !omp.  -129. 
Report  nsl" 
tiirtlis. 

1868,  ch.  '.5,  |1. 
(  'omp.  IT". 


I860,  ch.  14,  {18, 
Comp.  4'i9. 
R*>l>ort  as  to  de- 
ceased persons. 


1S5;;.  ch. |i, 

t  'onip.  47:!. 


§  602.  It  shall  be  the  duty  of  the  clergymen,  magistrates,  and 
other  persons  who  perform  the  marriage  ceremony  in  the  city 
of  New  York,  to  keep  a  registry  of  the  marriages  celebrated  by 
thorn,  which  shall  contain,  as  near  as  the  same  can  be  ascertained, 
the  name  and  surname  of  the  parties  married  :  the  residence, 
age,  and  condition  of  each;  whether  -ingle  or  widowed. 

603.  Tt  shall  be  the  duty  of  the  parents  of  any  child  born  in 
said  city  (and  if  there  be  no  parent  alive  that  has  made  such 
report,  then  of  the  next  of  kin  of  such  child  born  i.  and  of  even 
person  present  at  such  birth,  within  five  days  after  such  birth, 
to  report  to  said  board  in  writing,  so  far  as  known,  the  date, 
ward,  and  street  number  of  said  birth,  and  the  sex  and  color  of 
such  child  born,  and  the  names  of  the  parents.  It  shall  also  be 
the  duty  of  physicians  and  professional  mid  wives  to  keep  a 
registry  of  the  several  births  in  which  they  hare  a-sisted  pro- 
fessionally, which  shall  contain,  as  near  as  the  same  can  be  as- 
certained, the  time  of  such  birth,  name,  sex,  and  color  of  the 
child,  the  names  and  residence  of  the  parents,  and  to  report  the 
same,  on  or  before  the  first  Monday  of  each  and  every  month,  to 
the  board  of  health. 

§  604.  It  shall  be  the  duty  of  the  next  of  kin  of  any  person 
deceased,  and  of  each  person  being  with  such  deceased  person  at 
his  or  her  death,  and  of  the  person  occupying  or  living  in  any 
house  or  premises  in  or  on  which  any  person  may  die  to  report 
in  writing  to  said  board  within  five  days  after  such  death,  the 
age,  color,  nativity,  last  occupation,  and  cause  of  death  of  such 
deceased  person,  and  the  ward  and  street,  the  place  of  such  per- 
son's death,  and  last  residence.  Physicians  who  have  attended 
deceased  persons  in  their  last  illness  shall,  in  the  certificate  of 
the  decease  of  such  persons,  specify,  as  near  as  the  name  can  be 
ascertained,  the  name  and  surname,  age,  occupation,  term  of 
residence  in  said  city,  place  of  nativity,  condition  in  life;  whether 
single,  married,  widow,  or  widower;  color,  last  place  of  residence, 
and  the  direct  and  indirect  cause  of  death  of  such  deceased  per- 
sons, and  the  coroners  of  the  city  in  such  cases  as  an  inquest 
may  have  been  held,  shall  in  their  certificates  conform  to  the 
requirements  of  this  section. 


REGISTRY  Of  MARRJ  LOBS,  ETC 


!605.  h'l >r  t>\ ci  v  omission  of  anv  person  to  niakr  ami  kocii  iHM,ch.M,|ia 

.  .       romp  r.".i 

the  registry  i>f  marriages  and  births  requited  by  the  preceding 
sections,  and  for  every  omission  to  report  a  written  copy  of  the  I'euitjrfoi 
same  to  said  board  within  ten  days  after  any  birth  or  marriage  report 
provided  to  ho  registered;  and  for  every  omission  by  any  personto 
make  the  report  of  any  death  or  hirtli,  with  the  particulars  as 
herein  required,  any  person  guilty  of  such  omission  shall  h<-  lia 
ble  <<>  pay  a  line  of  tendollais,  which  may  he  sued  for  and  recov- 
ered in  the  name  of  said  depart menl  for  the  henetit  of  said  de- 
partment.   15ut  no  person  shall  he  liable  for  such  fine  for  not  uSS?^rtyno1 

making  the  report  herein  required,  if  be  or  she  shall  prove  that   > 

such  report  has"  been  made  to  the  hoard  hv  some  other  person 
before  snit  brought  for  such  penalty,  or  that  he  or  she  was  ig- 
norant of  such  birth  or  death. 

t'li'd.  The  hoard  of  health  shall  keep  a  record  of  the  births,  j86S.ch.7a.12, 
marriages,  and  deaths  reported  to  it;  the  births  shall  be  num-  Record  or 
hered  and  recorded  in  the  order  in  which  they  are  received  by  it;  rfcgeeland 
and  the  record  of  births  shall  state,  "n  separate  columns,  the  '1"'lU^ 
place  and  date  of  birth,  the  name,  sex,  and  color  of  the  child, 
the  names  and  residence  of  the  parents,  as  fully  as  they  have 
been  received,  and  the  time  when  the  record  was  made.  The 
marriages  shall  be  numbered  and  recorded  in  the  order  in  which 
they  are  received  by  the  hoard,  and  the  record  thereof  shall 
state,  in  separate  columns,  the  date  of  marriage,  name,  resi- 
dence, and  official  station,  if  any.  of  the  persons,  by  whom 
married,  the  names  and  surnames  of  the  parties,  age,  the  color 
and  condition  of  each;  whether  single  or  widowed,  and  the  time 
when  the  record  was  made.    The  deaths  shall  he  likewise  num 
hered  and  recorded;  and  the  record  thereof  shall  state,  in  separ- 
ate columns,  as  far  as  the  same  is  reported,  the  date  of  decease, 
name  and  surname,  condition;  whether  single,  married  or  wid- 
owed; age,  place  of  birth,  place  of  death,  occupation,  names  of 
the  patents  when  an  infant-  without  name,  disease,  direct  or  in- 
direct cause  of  death,  color,  and  last  place  of  residence  of  such 
deceased  person,  and  the  time  when  the  record  was  made.  Said 

1  '  B  ■  ,  law;,  eh.  U.  fit. 

hoard  shall  perform  all  the  duties  by  this  section  imposed,  as  a  ('°mp.  ■». 
part  of  its  regular  duties,  and  no  fees  shall  he  demanded  or  re- 
ceived by  reason  thereof. 

£  007.  The  births  of  the  children  of  actual  residents  of  the  im  ch 
city  of  New  York  which  may  have  occurred  during  the  tempor-  jS^^,  , 
ary  absence  of  the  parents  of  such  children  from  the  city  Mrtba ' 
of  New  York,  and  the  births  of  children  which  failed  to  be 
recorded  through  the  neglect  of  the  physician  or  other  medical 
attendant  present  at  such  birth,  may  be  recorded  in  the  bureau 
of  vital  statistics  of  the  health  department  of  said  city,,  in  a  reeorted 
special  book  to  he  kept  for  such  purpose,  upon  application  in 


-'30  DUTIES  OF  PHYSICIANS. 

Such  behalf  by  the  parents  or  guardians  of  such  children.  Tran 
scripts  of  any  record  in  the  said  bureau  of  vital  statistics  may  be 
given,  in  the  discretion  of  the  board  of  health,  to  a  parent  or  the 
next  of  kin  to  any  person  whose  birth,  death,  or  marriage  is 
there  recorded,  or  to  any  one  person  authorized  to  apply  for  the 
same,  but  no  transcripts  of  false  or  fraudulent  returns  made  to 
the  said  bureau,  nor  of  the  entries  thereof,  shall  be  given;  and 
they  shall  be  canceled  upon  due  proof  of  the  facts  to  the  board 
physician <>.■'     of  health.     Such  application  shall  be  made  to  the  board  of 

mldfl  If) 


health,  and  shall  be  accompanied  by  a  certificate  of  the  physician 
»>r  midwife  attending  professional}'  at  such  birth,  and  personally 
cognizant  thereof,  together  with  the  affidavit  of  at  least  two 
citizens  certifying  to  their  knowledge  of  the  facts,  and  that  the 
physician  or  midwife  milking  such  certificate  of  birth  is  a  repu- 
table person  in  good  standing  in  the  community  in  which  he  or 
she  may  reside.  No  change  or  alteration  shall  at  any  time  be 
made  in  any  of  the  records  of  the  said  bureau  of  records  in  said 
city  without  proof  satisfactory  to  and  upon  the  approval  of  the 
said  board  of  health. 

Title  3. — Duties  of  Physicians  and  otlicrs. 

SS2'maI  $  608-  14  sha11 1)0  tho  (m<y  of  each  an(l  every  practising  phvsi 

iio  cimp. -wo.  dan  in  the  citv  of  New  York  : 

Duties  of 

physicians.  i.  Whenever  required  by  the  board  of  health,  to  report  to 

Pestilential  and        .,.  ,  .  .    "       ,     .  ...  ,x 

contagious  said  board  at  such  times,  in  such  forms  as  said  board  may  pre- 
scribe,  the  number  of  persons  attacked  with  any  pestilential, 
contagious  or  infectious  disease  attended  by  such  physician  for 
the  twenty-four  hours  next  preceding,  stating  the  name  of  such 
patient  and  the  name  and  place  where  he  shall  then  be,  and  the 
number  of  persons  attended  by  such  physician,  who  shall  have 
died  in  said  city  during  the  twenty-four  hours  next  preceding 
such  report,  of  any  such  pestilential,  contagious  or  infectious 
disease. 

2.  To  report  in  writing  to  the  said  board  every  patient  he 
Report  of  sick.  gjj|jfl|  have  laboring  under  any  pestilential,  contagious  or  infec- 
tious disease,  and  within  twenty-four  hours  after  he  shall  ascer- 
tain or  suspect  the  nature  of  the  disease. 
Repon oi  dead.       3.  To  report  to  the  said  board  when  required  by  it,  the1  death 
of  any  of  his  patients  who  shall  have  died,  of  disease  within 
twenty-four  hours  thereafter,  and  to  state  in  such  report  the 
specific  name  and  type  of  such  disease. 
BwwSfn^i»-      §        The  board  of  health  may  require  any  physician  to 
sTe  Se^e&^ii  make  and  file  in  its  office,  within  such  time  as  they  may  pre- 
§13,  comp.  m.  scrj|)ej  noi  ]ess  than  three  hours  after  service  of  a  copy  thereof 
upon  him,  an  affidavit,  stating  therein  whether  he  has  or  has 


ANIMALS  IN  STREETS,  281 

not  any  patient,  who.  in  his  opinion,  shall  then  be  ->ick  of  any  n  1  ■ 

Ji  I  ,m    _  ii-|)i>rt  cuttfs  i.r 

pestilential,  contagious,  or  infectious  disease,  and  if  he  has  any 
snch  patient,  to  state  in  his  affidavit  his  or  her  name,  and  the 
house  or  place  in  said  city  where  he  or  she  shall  then  he,  and  the 
nature  or  name  of  such  disease,  to  the  hest  of  hi-;  knowledge  and 

bHief- 

$010.  Every  practising  physician  who  shall  refuse  or  neglect  title's,  art  8. 
to  perform  tlie  duties  enjoined  on  him  by  the  six  hundred  and  *  "  1  ' 
eighth  section  hereof,  shall  he  considered  guilty  of  a  misde- 
meanor, and  shall  also  forfeit  for  each  offense  the  sum  of  two 
hundred  and  fifty  dollars,  to  he  suejj  for  and*  recovered  hy  the 
department  of  health.    It  shall  he  the  duty  of  each  commissioner 
of  health,  and  of  each  visiting,  hospital,  and  consulting  physi-  j>|lv^,J.Mll, 
cian,  to  make  an  immediate  report  to  the  hoard  of  health,  of  j"'!tnf0sf',™  H^'i 
the  name  of  every  practising  physician  by  whom  he  shall  have  i»'i>ri^",,"'» 
reason  to  believe  the  provisions  of  said  section  have  been  vio- 
lated; and  if  such  physician  shall  neglect  or  refuse  to  perform 
ins  duty,  the  board  shall  suspend  him  from  any  office  under  said 
board,  and  he  shall,  moreover,  be  liable  to  such  further  penalty 
as  the  said  board  shall  prescribe. 

§  Gil.  Every  person  keeping-  a  boarding  or  lodging  house  in  tiuesfart-l' 
the  city,  shall,  whenever  required  by  the  board  of  health,  report  Srtta^' 
in  writing  to  the  board  the  name  of  every  person  who  shall  bo  J^|™^«"h0U8€ 
sick  in  his  house  within  twelve  hours  after  each  case  of  sickness 
shall  have  occurred. 

§012.  Every  master,  owner,  or  consignee  of  a  vessel,  laying  1,1  •*'•-*• 
at  a  wharf,  or  in  the  harbor  of  the  citvdf  New  York,  shall  make  1),lties  ,of  "»>s 

J  ters  and  owners 

a  like  report,  and  within  the  same  period,  of  the  name  of  every  of  vess*lR- 
sick  person  on  board  such  vessel;  and  no  person  shall  he  re- 
moved therefrom  without  a  written  permit  for  that  purpose 
from  the  board  of  health. 

§  013.  It  shall  not  be  lawful  to  drive  any  cattle, sheep,  swine,  oJS^bo0, S1, 
pigs,  or  calves  through  the  streets  or  avenues  of  New  York,  or  Cattle driy en 

1  0  0  '         through  streets 

any  of  them,  except  at  such  times  and  in  such  manner  as  the 
board  of  health  may,  by  ordinance  or  resolution,  prescribe.  But 
so  long  as  said  board  shall  permit  the  business  of  slaughtering 
animals  for  food  to  be  earned  on  in  that  portion  of  the  city 
south  of  Fortieth  street,  it  shall  he  lawful  to  drive,  through  such 
streets  and  avenues  as  may  be  designated  by  said  board,  and 
under  such  restrictions  as  to  numbers  as  said  board  may  pre- 
scribe, cattle  from  eight  o'clock  in  the  evening  till  two  hours 
after  sunrise  in  the  morning,  and  sheep  until  twelve  o'clock 
at  noon.  But  m  designating  the  streets  and  avenues  the  said 
hoard  shall  have  regard  as  well  to  fhe  convenience  of  persons 
driving  the  same  as  to  the  character,  condition,  and  ordinary 
use  of  said  streets  and  avenues. 


t 


ENFORCEMENT  OF  HEALTH  ORDINANCES. 


Comp.  43.3. 


Order  for  ex- 


Title  4. — Enforcement  of  Orders  and  Ordinances. 

i860, ch. 74, (14,       §614.  Any  judge  of  the  supreme  court  of  the  first  judicial 
ihoo,  ch.ow.j.-).  district,  or  who  is  holding  court  or  chambers  therein,  upon  the 
written  application  of  said  hoard  or  its  president,  to  he  made  hy 
or  through  its  attorney,  may  issue  his  order  by  him  subscribed, 
for  the  examination  without  unreasonable  delay  by  or  before 
such  justice,  of  any  person  or  persons,  and  the  production  of 
books  or  papers,  or  the  inspection  and  taking  of  copies  of  the 
whole  or  parts  thereof,  at  a  time  and  place  within  said  city,  and 
in  said  order  to  be  named  ;  and  it  shall  he  the  duty  of  such 
iwe'iustfceof  justice  to  take  or  superintend  such  examination,  which  shall  be 
i!»^K^urt'  under  oath,  and  shall  be  signed  by  the  party  or  parties  exam- 
ined and  be  certified  by  said  judge,  and  with  any  copies  of  books 
or  papers  be  delivered  to  said  board  or  its  secretary,  for  the  use 
of  said  hoard.    And  such  examination,  and  any  proceeding  con- 
nected therewith  or  under  said  order,  may  wholly  or  in  part  he 
had,  conducted  or  continued  hy  or  before  any  other  of  said 
judges,  as  well  as  that  one  thereof  who  made  said  order  ;  and  in 
and  about  the  same,  every  such  judge  shall  have  as  full  power 
and  authority  to  punish  for  contempt,  and  enforce  obedience  to 
his  said  or  other  order  or  directions  respecting  the  matter  afore- 
said (or  that  of  any  other  judge),  as  any  such  judge  or  the 
supreme  court  may  now  have  or  shall   possess  to  enforce 
obedience  or  punish  conteiflpt  in  any  case  or  matter  whatever, 
what appiica-   Such  application  shall  name  or  describe  the  person  or  persons 
^imi/state!1' '    whose  examination  is  sought  (and  so  far  as  possible  the  books 
or  papers  desired  to  be  inspected),  and  the  matters  or  points 
affecting  life  or  health  in  said  district  as  to  which  said  board 
requests  the  same  to  take  place,  and  the  judge  shall,  on  the  pro- 
ceedings, decide  what  questions  are  pertinent  and  allowable  in 
respect  thereto,  and  shall  require  the  same  to  be  properly 
answered  ;  but  no  answer  of  auy.'person  so  examined  shall  be 
used  in  any  criminal  proceeding.    Service  of  any  order  of  any 
such  judge  may  be  made,  and  the  same  proved  in  the  same 
Answers  of      manner  as  the  service  of  either  an  injunction  or  of  a  subpoena 
ineTno6!  io  IT  may  be  made  or  proved.    And  it  shall  be  the  duty  of  all  said 
proce«ungTal  judges  to  facilitate  the  early  determination  of  the' aforesaid  pro- 
ceedings. . 

i8T4,ch.68B,§i3,  §615.  Upon  the  application  of  any  party  in  interest  in  any 
comp.  4o9.  matter  pending  examination  before  said  board  of  health,  by 
Appearance .    affidavit,  stating  the  grounds  of  such  application,  to  any  judge 

and  Exainina-        r.  <•  i  -i        i  •         j.i  x 

tion  of  wit  of  a  court  of  record,  and  asking  that  any  person  or  persons 
therein  named  shall  appear  before  said  board  of  health,  or  any 
person  taking  or  about  to  take  such  examination,  at  some  time 
or  times  and  place  to  be  stated  in  said  affidavit,  it  shall  he  the 


ENFORCEMENT  OF  HEALTH  ORDINANCES. 


333 


duty  of  such  judge,  if  he  shall  discover  reasonable  cause  so  to 
do,  to  issue  his  order  requiring  such  j)erson  or  persons  named  t<> 
appear  and  suhiuit  to  such  examinat  i<  »n  as  and  to  the  extent  such 
order  may  state,  at  the  time  and  place  to  he  in  said  order  named: 
and  such  order,  to  he  signed  by  such  judge,  may  he  served,  and 
shall  in  all  respects  he  obeyed  as  a  suhpu-na  duly  issued;  and  a 
refusal  to  submit  to  the  proper  examination  may  he  punished 
by  such  judge,  <»r  by  any  judge  of  Such  court  as  a  contempt 
of  court,  upon  the  facts  as  to  such  refusal  being  brought  before 
any  such  judge  by  affidavit. 

§  f>ir>.  Said  board  of  health  may  sue  or  be  sued  in  or  by  the  i«74, di. osc, h 
proper  name  of  "the  health  department  of  the  city  of  New  ',','„,„, 
York,"'  and  not  in  or  by  the  name  of  the  members  of  said  board  !",,'!iri!,.l"";,r'' 
or  any  of  them:  and  service  of  all  process  in  suits  and  proceed-  f' i^iy . 
ings  against  or  affecting  said  board,  and  other  papers  may  be 
made  upon  the  president  of  said  board,  or  upon  its  secretary, 
and  not  otherwise,  except  that,  according  to  usual  practice  in 
other  suits,  papers  in  suits,  to  which  said  board  of  health  is  a 
party,  may  be  served  on  its  attorney. 

£  »;17.  Said  board  of  health  may  institute  and  maintain  all  ism, ch.  we,  %s 
such  suits  and  proceedings  as  shall  be  reasonable,  necessary,  and 
proper,  for  recovering  any  moneys  expended,  enforcing  any  lien 
or  the  payment  of  any  fine,  the  punishment  for  any  offense,  or  Boarfmaj  re 

'    J  .  cover  moneys, 

in  other  respects  carrying  out  the  provisions  of  the  laws  under  etc- 
which  it  acts. 

£  618.  In  all  actions  in  proceedings  against  the  mayor,  alder-  ro  x.  v.. ra 
men  and  commonalty  of  the  City  of  New  York,  or  any  other  c,'„\]^\-'„ f'  • 
department  or  person  whatsoever  in  which  any  action,  order,  K 
regulation,  ordinance,  or  proceeding  of  the  said  board,  or  of  any 
persons  acting  under  or  pursuant  to  its  authority  shall  be  called 
in  question  or  made  the  subject  of  the  action  or  proceeding,  the 
said  board  of  health  shall  be  a  necessary  party,  and  have  the 
right  to  answer,  to  appear,  and  to  take  part  therein  by  its  own 
attorney  and  counsel. 

§  619.  No  preliminary  injunction  shall  be  granted  against  the  t»7,ch.  kb,  p 
board  of  health,  or  its  officers,  except  by  the  supreme  court,  at  No  injunction 
a  special  or  general  term  thereof,  after  service  of  at  least  eight  except1  by°su-' 
days' notice  of  a  motion  for  such  injunction,  together  with  no<t"ce.court  on 
copies  of  the  papers  on  which  the  motion  for  such  injunction  is 
tote  made.    Whenever  said  board  shall  seek  any  provisional  lser.cn  roo,fa 
remedy,  or  shall  prosecute  any  appeal,  it  shall  not  be  necessary    mp"  ' 
before  obtaining  or  prosecuting  the  same  to  give  any  under- 
taking, but  such  board  shall  be  liable  in  the  same  manner  as  if 
an  undertaking  had  been  given  in  the  ordinary  manner. 

jj  020.  The  action,  proceedings,  authority,  and  orders  of  said  J25^fhi^'J81' 

«■  *  °  '  *  '  Comp.  +10. 

board  shall  at  all  times  be  regarded  as  in  their  nature  judicial, 


VIOLATIONS  OF  HEALTH  REGULATIONS. 


lHOli,  C)l.  7 

f'omp.  487 


1800,  eh.  74 
Oomp.  43-1. 


1807,  oh.  !t.r>6,  jjl, 
(.'omp.  4-11. 
1870,  ch.688,112, 

Cojnp.  45'J. 
Court  tn  take 

Judicial  notice. 


Record  of  pr<> 
reedinps,  certi- 
fied copies  of. 
evidence. 


1800,  cli.  74,  |80, 
us  amended. 
1800,  ch.  080,  $2, 
Conip.  430. 
1807,  oh.9.r>0,  $17. 
t'omp.  45-J. 
Violating 
orders  of 
board  a  mi  ide 

meanor. 


Refusal  to  con- 
form to  regula- 
tions, etc.,  a 
misdemeanor. 


Penaltv. 


and  be  treated  as  prima  facie  just  and  legal.  All  meetings  of 
said  hoard  shall  in  every  suit  and  proceeding  be  taken  to  have 
been  duly  called  and  regularly  held,  and  all  orders  and  proceed- 
ings to  have  been  duly  authorized,  unless  the  contrary  he 
proved,  [n  any  suit,  the  right  of  said  board  or  the  hoard  of 
police  to  make  any  order,  or  cause  the  execution  thereof,  shall 
be  presumed. 

?'  <!lM.  All  courts  shall  take  judicial  notice  of  the  seal  of  said 
board  and  of  t  he  signature  of  its  secretary  and  chief  clerk.  Copies 
of  the  record  of  the  proceedings  of  said  board,  of  its  rules,  reg- 
ulations, ordinances,  by-laws,  and  books,  and  papers  constitu- 
ting part  of  its  archives,  when  authenticated  by  its  secretary  or 
secretary  pro  tempore,  shall  bo  presumptive  evidence,  and  the 
authentication  be  taken  as  presumptively  correct  in  any  court  of 
justice  or  judicial. proceeding,  when  they  may  be  relevant  to  the 
point  or  matter  in  controversy,  of  the  facts,  statements,  and  re- 
citals therein  contained. 

622.  Whoever  shall  violate  any  provisions  of  this  chapter, 
or  any  order  of  said  board  made  under  the  authority  of  the 
same,  or  any  by-law  or  ordinance  therein  referred  to,  or  shall 
obstruct  or  interfere  with  any  person  in  the  execution  of  any 
order  of  said  board  or  any  order  of  the  board  of  police,  in  pur- 
suance or  execution  of  the  order  of  the  board  of  health,  or  will- 
fully omit  to  obey  any  such  order,  shall  be  guilty  of  a  misde- 
meanor and  be  liable  to  be  indicted  and  punished  for  such 
offense  ;  and  in  cases  where  it  was  made  a  misdemeanor  to  do 
or  omit  any  act  or  thing,  when  any  power  or  authority  hereby 
conferred  upon  the  department  of  health  were  exercised  by  any 
other  board  or  officer  or  officers,  the  omission  or  doing  of  such, 
or  a  corresponding  act  or  thing,  which  this  chapter  requires,  or 
contemplates  to  be  done  or  forbids,  shall  in  like  manner  be  a 
misdemeanor,  and  the  offender  shall  be  liable  to  indictment  and 
punishment  for  the  same.  A  willful  omission  or  refusal  of  any 
individual,  corporation  or  body  to  conform  to  any  regulation  of 
said  board  duly  made  for  the  protection  of  life  or  the  care,  pro- 
motion or  preservation  of  health,  or  the  carrying  out  the  pur- 
poses of  this  chapter  pursuant  to  its  power  or  authority,  shall 
be  a  misdemeanor,  and  the  person  or  officers  guilty  thereof 
shall  be  liable  to  indictment  and  punishment  as  for  a  misde- 
meanor. All  prosecutions  and  proceedings  against  any  person 
for  a  misdemeanor  under  this  chapter  may  be  had  or  tried  before 
any  judge  or  tribunal  having  jurisdiction  of  any  misdemeanor 
within  said  city.  Any  person,  corporation  or  body  which  may 
have  willfully  done  or  omitted  any  act  or  thing  which  is  in  this 
chapter,  or  any  law  or  ordinance  therein  referred  to,  declared  to 
be,  or  to  subject  the  party  guilt}-  thereof  to  punishment  for  a 


VIOLATIONS  OP  IIKAI.TII  \l EQULATION8. 


235 


misdemeanor,  shall,  in  addition  thereto,  he  snhjert  to  a  penalt) 
of  two  hundred  and  fifty  dollars,  to  he  sued  for  and  recovered 
by  said  board  in  any  civil  tribunal  in  said  city.    Where  in  am  (,::,V1)',,'1, 
case  the  minimum  penalty  for  a  refusal  to  obey,  or  for  a  viola- 
tion of  any  order,  regulation  or  ordinance  of  said  hoard  of  ^^'U',!' ' 
health,  or  any  law,  is  not  fixed,  the  amount  recovered  in  such  l^;,;,1',.-^  *" 
case  shall  not  be  less  than  twenty  dollars,  and  the  judge  or 
justice  who  presided  at  a  trial  where  such  penalty  is  claimed, 
shall,  on  said  trial,  in  writing,  fix  the  amount  (not  contrary  to 
said  provisions)  of  said  penalty  to  be  recovered,  and  shall  direct 
such  amount  so  fixed  to  be  and  it  shall  be  included  in  the  judg- 
ment.   Any  such  suits  mav  be  against  one  or  more,  or  each  against  one  01 

i  i  •        !  r        i  ••  more  partlctt 

or  all  of  those  who  particulate  m  the  act.  refusals  or  omissions  u».i  ini.am.-..i 

r  '  board. 

complained  of,  and  the  recovery  may  be  against  one  or  more 
of  those  joined  in 'the  action  as  the  justice  of  the  court  shall 
direct.  The  provisions  of  this  section-  as  to  the  jurisdiction  of 
tribunals,  parties  and  costs,  shall  apply  to  all  suits  by  said  board 
or  its  assignees,  or  the  assignees  of  the  police  hoard  under  this 
chapter.  All  processes  and  papers  usual  or  necessary  in  the  ^5SfD^ba 
commencement  and  prosecution  of  actions,  or  for  the  collection  p°"«,m«'"- 
of  money  in  suits  or  proceedings  under  this  chapter,  on  execu- 
tion may  be  served  by  any  policeman,  and  in  and  about,  such 
matters  the  policeman  so  engaged  shall  have  all  the  powers  of 
marshals,  and  no  fees  shall  be  charged  by  any  court,  magistrate 
or  clerk  for  the  issue  of  any  paper  or  process,  or  the  perform- 

,  -         .         .,  j       -  t  •       i  a  .  , •        Civil  actions,  In 

ance  of  any  duty  in  suits  under  this  chapter.  Any  civil  action  what  courts 
brought  under  or  by  authority  of  this  chapter,  may  be  brought  brouKnV 
in  any  court  in  said  city,  having  jurisdiction  in  any  civil  action 
to  an  amount  as  large  as  is  demanded  in  such  action  ;  and  if 
judgment  be  rendered  for  the  plaintiff  in  any  amount,  costs  of 
.  the  court  in  which  action  is  brought  shall  also  be  recovered, 
without  reference  to  the  amount  of  the  recovery,  provided  pay- 
ment was  demanded  before  suit  brought,  and  the  defendant  or 
defendants  in  the  action  against  whom  the  recovery  is  had,  did 
not,  as  the  Code  of  Civil  Procedure  authorizes,  offer  to  pay  an 
amount  equal  to  the  recovery  against  him  or  them,  except  that 
in  cases  where  the  recovery  shall  be  less  than  fifty  dollars,  the 
amount  of  costs  shall  be  ten  dollars  ;  and  in  case  no  recovery  is 
had,  the  plaintiffs  shall  not  pay  costs  unless  the  judge  or  justice, 
at  the  conclusion  of  the  trial,  shall  certify  in  writing  that  there 
was  not  reasonable  cause  for  bringing  the  action,  and  in  such 
case  the  costs  shall  not  exceed  ten  dollars,  unless  the  amount 
claimed  exceeded  fifty  dollars.  No  action  shall  abate,  or  right  of  When  actions 
action  already  accrued  be  abolished,  by  reason  of  the  expiration, 
repeal  or  amendment  of  any  ordinance,  code  of  sanitary  ordi- 
nances or  regulation  of  said  hoard  ;  nor  shall  any  court  lose 


236 


VIOLATIONS  OK  HKAl.Til  IM',(;LLATIOKS. 


jurisdiction  of  any  action  l>\  reason  of  a  plea  that  till**  to  n-al 
estate  is  involved,  provided  the  defendant  is  sought  by  the 
pleadings  to  he  charged  in  said  action  on  any  of  the  grounds 
mentioned  in  this  chapter,  other  than  by  virtue  of  ownership  of 
such  real  estate.  In  respect  to  all  proofs  and  proceedings  by 
said  board,  or  its  agents  or  officers,  under  this  chapter,  papers 
filed  shall  he  deemed  entered  upon  or  in  the  minutes  of  the 
board. 

law  ch.74,jH  £  02:».  Said  board  of  health,  having  lirst  entered  on  its  min 
ures,  or  tiled  m  its  records,  what  it  may  regard  as  adequate 
proof  of  a  violation  or  resistance  by  any  person  in  said  city,  of 
any  law,  or  ordinance,  the  authority  conferred  by  which  is 
given  to  said  board,  or  of  any  order  made  by  said  board,  may 
order  (by  its  wan-ant,  under  its  seal  and  attested  by  the  signa 
tine  of  its  president  and  secretary,  and  indicating,  as  far  as  con- 
veniently practicable,  the  time,  place,  and  nature  of  the  offense 
committed i  the  arrest  of  any  such  person,  and  such  order  of 
arrest  shall  be  of  the  same  effect  and  shall  be  executed  as  a  war 
SHTO^ertobe  ran*  ^',,|n  a  jllstice  or  judge,  duly  issued;  and  the  party  arrested 
trouffht.  shall  be  taken  before  a  magistrate,  and  thereupon  and  thereafter 
shall,  by  all  officers,  be  treated  as  being  and  have  the  rights  and 
liability  of  a  party  under  arrest  by  order  of  the  proper  officer  or 
tribunal,  for  a  misdemeanor  of  the  nature  indicated  in  the  said 
order  of  arrest. 

i8M,ch.74,ji4,  ^  024.  Any  member  of  the  police  force,  and  every  inspector 
Arrest  fnr  vie    Ol"  officer  of  said  board  of  health,  as  the  regulations  of  either  of 


latioiu  of  art. 


said  hoards  may  respectively  provide  relative  to  its  own  subor- 
dinates, may  arrest  any  person  who  shall,  in  view  of  such  mem- 
ber or  officer,  violate,  or  do,  or  be  engaged  in  doing  or  commit- 
ting in  said  city,  any  act  or  thing  forbidden  by  this  chapter,  or 
by  any  law  or  ordinance,  the  authority  conferred  by  which  is 
given  to  said  board  of  health,  or  who  shall  in  such  presence, 
resist  or  be  engaged  in  resisting  the  enforcement  of  any  of  the 
orders  of  said  board,  or  of  the  board  of  police  pursuant  thereto. 

Violation?,  of 

And  any  person  so  arrested  shall  be  thereafter  treated  and  dis- 

set  misclt*"  • 
liieunors. 

posed  of  as  any  other  person  duly  arrested  for  a  misdemeanor. 
i8cc,  oh.  74,  §20,       ^  625.  Upon  the  complaint  of  any  citizen  of  said  city  against 

as  amended  .  _  , .     .  •  .  _  ,  ...  -ij-  t 

isc6.rii._68t;.  §1.  any  person  for  violation  of  any  rule,  sanitary  regulation,  ordi- 
nance, or  order,  made  to  any  police  justice  or  magistrate  having 
jurisdiction  in  criminal  cases,  such  justice  or  magistrate  shall 
order  the  arrest  of  any  person  against  whom  such  complaint  is 
inade3  as  in  any  other  case  of  a  criminal  offense,  and  by  his 
warrant  may  require  any  policeman  or  constable  to  make  such 
arrest,  and  may,  after  such  arrest,  proceed  summarily  to  try 
such  person  for  such  alleged  offense;  but  no  such  trial  shall  be 
had  on  any  arrest  made  in  the  city,  without  sufficient  notice 


VIOLATIONS  OF  HEALTH  REGULATIONS, 


thereof  being  Oral  given  to  said  board  or  its  president.   And  whentriwto 

upon  an  application  in  behalf  of  said  board,  made  before  the  ^r;^'1 

trial  is  commenced,  the  trial  of  such  person,  together  with  the 

papers,  shall  be  remitted  to  the  court  of  special  sessions,  upon 

which  court  jurisdiction  to  try  such  persons  is  hereby  conferred: 

but  the  right  of  any  person  to  elect  to  be  tried  before  a  jury,  as 

it  may  now  exist,  is  not  affected  by  anything  herein  contained. 

II  such  person  shall,  upon  such  trial,  be  found  guilty,  he  or  she  jJSalty!0' 

may  be  lined  in  any  amount  not  exceeding  twenty-five  dollars; 

and  the  payment  thereof  may  be  enforced  in  the  same  manner 

as  is  usual  in  other  cases  where  lines  are  imposed.    Such  fines  ,l,','i"1'i',l!'„V1""" 

when  collected  shall  be  at  once  paid  over  to  the  treasurer  of  said 

board,  to  the  credit  of  said  board.    Reports  of  all  such  trials, 

and  of  fines  imposed  for  violations  of  this  chapter,  or  of  the 

Code  of  Sanitary  ordinances,  shall  be  made  monthly  to  said 

board,  by  the  justice  before  whom  such  trial  is  had.  But 

nothing  in  tins  section  contained  shall  be  construed  as  in  any 

manner  limiting  any  powers,  penalty,  and  punishment  in  this 

chapter  elsewhere  conferred. 

§026.  If  any  person  shall  knowingly  make  to  said  board  of  i8M,ch.«6,fl4. 
health  or  any  officer  thereof  any  false  return,  statement.  01'  1'C-  Kalse  return, 
port  relative  to  any  birth,  death,  or  marriage,  or  other  matter,  f"p!iv"r.^,rt. 
concerning  which  a  report  or  return  maybe  legally  required  of  m'.'.-; 
or  should  be  made  by  sucli  person;  or  if  any  member,  inspector, 
or  officer,  or  any  agent  of  said  board  of  health  shall  knowingly 
make  to  said  board  of  health  any  false  or  deceptive  report,  or 
statement  (in  connection  with  his  duties),  or  shall  accept  or  re- 
ceive, or  authorize,  or  encourage,  or  knowingly  allow  any  other 
person  to  accept  or  receive  any  bribe  or  other  compensation  as  a 
condition  of  or  an  inducement  for  not  faithfully  discovering  and 
fully  reporting  or  otherwise  acting  according  to  his  duty  in  any 
respect,  then  any  and  every  such  person  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall  he  liable  to  be  for  such  crime  in- 
dicted, tried,  and  punished  according  to  law,  and  shall,  in  addi-  Punishment, 
tion,  forfeit  all  compensation  due  or  to  grow  due  from  said 
board. 

<j  627.  It  shall  be  a  misdemeanor,  punishable  by  imprison-  i866,ch.7vsa, 
nient  in  the  penitentiary,  for  not  less  thin  one  year  nor  exceed-  Fakerepre- 
ing  two  years,  or  by  a  fine  of  not  less  than  two  hundred  and  ann^c°er.as 
fifty  dollars,  for  any  person,  not  an  officer  under  the  department 
of  health,  to  falsely  represent  himself  as  such,  with  a  fraudulent 
design  upon  persons  or  property,  or  to  have,  use,  wear,  or  dis- 
play, without  authority,  any  shield,  or  other  insignia  or  emblem 
such  as  is  worn  by  such  officer. 

$  628.  Every  keeper  of  a  boarding  or  lodging  house  and  every  i860,  ch.  ns, 
master,  owner,  or  consignee  of  a  vessel  who  shall  refuse  or  neg-  jasfcflmp-Vi 


238  „ 


EXPENSES  OF  BOARD  OF  HEALTH. 


Penalty  for  vio- 
lating ||611  un<i 
tiltfof  this  act. 


1866,  eh.  71,  {88, 
Coinp.  +10. 
Prosecuting 
ofllcers  and 
ma^ist rates  to 

net  promptly, 


lect  to  obey  the  orders  and  directions  of  the  board  of  health,  as 
provided  id  sections  six  hundred  and  eleven  and  six  hundred 
and  twelve,  shall  he  considered  guilty  of  a  misdemeanor,  and  on 
conviction  shall  be  fined  for  each  offense  in  a  sum  not  exceeding 
two  hundred  and  fifty  dollars,  or  be  imprisoned  for  a  term  not 
exceeding  six  months. 

§  629.  It  shall  be  the  duty  of  all  prosecuting  officers  of  crimi- 
nal courts  and  police  justices  to  act  promptly  upon  all  com- 
plaints, and  in  all  suits  or  proceedings  for  any  violation  of  this 
chapter,  and  in  all  proceedings  approved  or  promoted  by  said 
hoard,  and  to  ^bring  the  same  to  a  ^speedy  hearing  or  termina- 
tion, and  to  render  judgment  and  direct  execution  therein  with- 
out delay. 


iHWi.  CD.  74,  >l 
Coin  p.  131. 


On  what  ex- 
J>ense9  to  be 
ii  lien. 


1«60.  ch.  74, 

Comp.  431. 


Suit  for 
expenses. 


Title  o. — Reimbursement  for  Expenses,. 

§  630.  The  expenses  attending  the  execution  of  any  and  all 
orders  duly  made  by  said  board  shall  respectively  "be  a  several 
and  joint  personal  charge  against  each  of  the  owners  or  part 
owners  and  each  of  the  lessees  and  occupants  of  the  building, 
business,  place,  property,  matter,  or  thing  to  which  said  order 
relates,  and  in  respect  of  which  said  expenses  were  incurred;  and 
also  Against  every  person  or  body  who  was  by  law  or  contract 
bound  to  do  that  in  regard  to  such  business,  place,  street,  prop- 
erty, matter,  or  thing  which  said  ci  der  requires,  and  said  expenses 
shall  also  he  a  hen  on  all  jent  and  compensation  due,  or  to  grow 
due.  for  the  use  of  any  place,  room,  building,  premises,  matter, 
or  thing  to  which  said  order  relates,  and  in  respect  of  which  said 
expenses  were  incurred ;  and  also  a  lien  on  all  compensation  due, 
or  to  grow  due,  for  the  cleaning  of  any  street,  place,  ground,  or 
thing,  or  for  the  cleansing  (or  removal)  of  any  matter,  thing,  or 
place,  the  failure  to  do  which  by  the  party  hound  so  to  do,  or 
the  doing  of  the  same  in  whole  or  in  part  by  order  of  said  board, 
was  the  cause  or  occasion  of  any  such  order  or  expense. 

^  631.  Said  board  of  health,  its  assignee,  or  the  part}'  who  has 
under  its  order,  or  that  of  the  board  of  police  acting  thereunder 
incurred  any  expense,  or  has  rendered  service  for  which  pay- 
ment is  due,  and  as  the  rules  of  said  board  of  health  may  pro- 
vide, may  institute  and  maintain  a  suit  against  any  one  in  this 
chapter  declared  liable  for  expenses,  or  against  any  person,  firm, 
or  corporation  owing,  or  who  may  owe  such  rent  or  compensa- 
tion, and  may  recover  the  expenses'so  incurred  under  any  order 
aforesaid.  And  only  one  or  more  of  such  parties  liable  or  inter- 
ested may  be  made  parties  to  such  action  as  the  board  may  elect ; 
hut  the  parties  made  responsible  as  aforesaid  for  such  expeuses 
shall  be  liable  to  contribute  or  to  make  payment  as  between 


EXPENSES  OK  HOAKI)  OF  HEALTH. 


themselves,  m  respect  of  such  expenses  and  of  any  sum  recov- 
ered for  such  expenses  or  compensation,  <»r  by  any  party  paid  on 
account  (hereof,  according  to  the  legal  or  equitable  obligation 
existing  between  them. 

^  63*2.  The  said  hoard,  its  assignee,  or  anv  person  acting  i -a !.:*,, n. 

°  '        ,  °        *  /  Com  p.  1&0. 

under  its  authority,  in  executing  any  order  of  said  board,  shall 

have  a  lien  for  the  expenses  necessarily  incurred  in  the  execu-  kxi«;»m) <»f  *.\ 

I  -'  editing  order* 

tion  of  Baid  order,  and  said  expenses  shall  be  a  lien  upon  the  to  be  a  lien, 
land  and  buildings  upon  or  in  respect  of  which,  or  either  of 
which,  the  work  required  by  said  orderjhas  been  done,  or  ex- 
penses incurred,  which  lien  shall  have  priority  over  all  other 

liens  and  incumbrances,  except  taxes  and  assessments.    But  no  "  ',"'"/ ' 

*  to  be  Bled. 

such  lien  shall  be  valid  for  any  purpose  till  the  said  hoard  or  per- 
son shall  have  caused  to  be  filed  in  the  office,  or  with  the  officer 
where  notices  of  mechanics'  liens  are  now  or  may  be  hereafter 
required  to  be  tiled,  a  notice  containing  the  same  particulars  re- 
quired to  be  stated  with  reference  to  mechanics'  liens,  with  the 
further  statement  that  the  expense  has  been  incurred  in  pur- 
suance of  an  order  of  said  board,  and  giving  its  date.  Upon  such 
filing  the  said  officer  shall  make  the  same  entry  on  the  book  or 
index  in  which  mechanics'  liens  are  entered  as  he  is  required  to 
enter  in  cases  of  mechanics'  liens,  together  with  a  reference  to 
said  order  by  date;  and  thereafter  the  same  shall,  except  a-> 
herein  elsewhere  provided,  have  the  same  effect  in  all  respects  as 
a  mechanic's  lien;  and  all  proceedings  with  reference  to  said  lien, 
its  enforcements  and  discharge,  shall  be  had  and  carried  on  in 
the  same  manner  as  similar  proceedings  with  reference  to 
mechanics'  liens  are  now  or  may  be  hereafter  by  law  had  or  car- 
ried on.    The  filing  of  such  statement  shall  as  to  all  persons  have 

a-  ^>t  *       ±-         a  i  «  t  When  notice  to 

the  same  ertect  as  filing  of  notice  of  mechanics  hen;  and  unless  become  conciu 

7  ive. 

within  two  months  after  actual  notice  of  such  filing,  proceedings 
are  taken  by  the  party  against  whom  or  whose  said  property  the 
lien  is  claimed,  to  discharge  such  lien,  the  filing  shall,  as  to  all 
persons  having  such  actual  notice,  become  conclusive  evidence 
that  the  amount  claimed  in  such  statement,  with  interest,  is 
due,  and  is  a  just  lien  upon  said  land  and  building.  Such  lien  Howiongt^ 
shall  continue  to  be  a  lien  for  the  space  of  four  years  from  the  continue a  ,,en- 
time  of  filing  such  statement,  unless  proceedings  are  in  the 
meantime  taken  to  enforce  or  discharge  the  same,  which  maybe 
done  at  any  time  during  its  continuance.  In  case  proceedings 
are  so  taken,  it  shall  remain  a  lien  until  the  final  termination  of 
such  proceedings;  and  if  such  proceedings  shall  result  in  a  judg- 
ment for  the  amount  claimed  in  such  statement,  or  any  portion 
thereof,  such  judgment  shall,  to  such  extent,  be  a  lien  in  the 
same  manner  and  from  the  said  time  as  said  statement. 

§  633.  When  anv  order  of  said  hoard  of  health  has  been  exe-  '^.cb.ose.sis. 

■  Com  p.  152. 


240 


KXI'ENSKS  OK  HO  A  1(1)  OF  HEALTH. 


statement  of    cuted,  or  so  far  executed  assaid  hoard  may  require,*  the  expenses 

expenses  of  ex-  .  *         *         '  1 

ecuUnKoniers  Gf  such  execution,  giving  in  general  terms  the  items  of  such  ex- 
pense and  the  date  of  execution,  shall  he  stated  in  an  affidavit, 
and  the  same  shall  he  filed  among  the  records  of  said  hoard,  with 
the  older  so  executed;  and  said  hoard  shall  take  care,  hy  or 
through  some  proper  officer,  or  otherwise,  that  the  expenses  of 
such  execution  he  so  stated  with  fairness  and  accuracy;  and  when 
it  shall  appear  that  such  execution,  or  the  expenses  thereof,  re 
lated  to  several  lots  or  buildings  belonging  to  different  persons, 

i  MMfm.m  said  affidavit  shall  state  what  belongs  to*or  arose  in  respect  t<> 

corrected.  ' 

each  lot  of  said  several  lots  or  buildings,  as  said  board  or  its  au- 
thorized officer  may  direct;  and  the  correctness  of  such  appoint 
ment  or  expenses,  as  stated  in  any  such  affidavit,  shall  not  he 
called  in  question  or  reviewed  elsewhere  than  before  said  board; 
hut  said  board  may  revise  and  correct  the  same,  as  said  board 
ai'tynn-i't'.'^ .'-x-  smi"  think  truth  and  justice  may  require.  Whenever  the  ex- 
[if<roaction  pensea  attending  the  execution  of  any  order  of  said  board  of 
health,  may  he  made  the  subject  of  a  suit  by  said  board,  or  its 
assignee  (Or  the  person  having  aright  to  recover  such  expenses), 
there  may  he  joined  in  the  same  suit  a  claim  or  claims  for  any 
penalty  or  penalties  for  violations  of  any  provisions  of  this  chap- 
ter, or  for  the  violation  or  omission  to  perform  or  obey  said  or- 
der (or  any  prior  order  of  said  board),  or  for  the  not  doing  of 
that  or  any  portion  of  that,  for  the  doing  of  which  said  expenses 
arose  or  were  incurred;  and  said  hoard  may  make  an  assignment 
of  the  claim  for  any  such  penalty  or  penalties,  to  enable  the  claim 
for  the  same  and  the  claim  for  said  expenses  to  he  joined  in  the 
joini  orsereiai  same  suit;  and  the  proper  joint  or  several  judgment  may  be  had 

judgment,  i       i         i  jo  j 

against  one  or  more  oT  the  defendants  in  the  suit,  as  they  or 
either  of  them  may  he  liable  in  respect  of  both  said  claims,  or 
H&rmenta*     either  or  any  of  them.    And  said  expenses  of  executing  said 
den  upon  rent    Qx^ex,  and  the  expenses  of  executing  any  judgment  in  any  abate- 
ment suit  in  this  chapter  provided  for,  and  the  several  judgments 
that  may  be  recovered  hereunder  or  otherwise,  for  any  such 
penalty  or  expenses  (or  for  both  such  penalty  and  expenses  to- 
gether), until  the  same  are  paid  or  discharged,  shall  be  (a  hen  as 
other  judgments,  and  also)  a  lien  and  charge  upon  rent  and  com- 
pensation due  or  then  maturing  from  any  tenant  or  occupant  of 
the  building,  lots,  and  premises,  or  the  parts  thereof  to  which 
any  such  order  or  judgment  relates,  or  in  respect  of  which  any 
such  expenses  were  incurred.    And  such  expenses  and  judg- 
Ated upon  cam-  ments  shall  respectively  be  a  hen  on  all  compensation  due  or  to 
i866,ch°74,  §14.  grow  due  for  the  cleaning  of  any  street,  place,  ground  or  thing. 
comP.-i3i.      Qr  £Qr  the  cieansing  (or  removal  )  of  any  matter,  thing  or  place, 
the  failure  to  do  which  by  the  party  bound  so  to  do,  or  the  do- 
ing of  the  same  in  whole  or  in  part  by  order  of  said  board,  was 


EXPENSES  OF  BOARD  OF  HEALTH. 


the  cause  .or  occasion  of  any  such  order  or  expense.  For  the 
purpose  of  rendering  such  lien  and  charge  more  effectual  to  se- 
cure payment  of  any  such  expenses  or  judgment,  from  any 
rent  or  compensation  aforesaid,  the  following  proceedings  may 
he  taken: 

1.  The  hoard  of  health,  or  any  person  owning  any  such  judg- 
ment, or  the  claim  of  any  such  expenses,  or  having  a  right  to 
receive  payment  therefor,  may  serve  a  copy  of  the  order  under 
or  by  reason  of  which  such  expenses  were  authorized  or  incurred 
(with  a  copy  of  any  affidavit,  stating  the  expenses  of  the  execu- 
tion of  such  order),  or,  if  the  claim  ho  a  judgment,  may  serve 
a  transcript  of  such  judgment  (and  any  affidavit  showing  the 
expense  of  its  exe;  utiou,  if  there  he  any)  upon  any  person  or 
corporation  owing,  or  who  is  ahout  to  owe  any  such  compensa- 
tion, or  owing  or  ahout  to  owe  any  rent  or  compensation  for  the 
use  or  occupation  of  any  grounds,  premises  or  building,  or  any 
part  thereof,  to  which  said  order  or  judgment  relates,  and  in 
respect  of  which  such  expenses  or  the  expenses  embraced  in 
said  judgment  related  or  were  incurred;  and  may,  at  any  time 
of  such  service,  demand  in  writing  that  such  rent,  or  any  such 
compensation  (to  the  extent  of  said  claims  for  said  expenses,  or 
of  any  such  judgment  or  expense  in  executing  the  same),  shall, 
when  such  rent  or  compensation  becomes  due  and  payable,  be 
paid  to  the  treasurer  of  said  board  of  health. 

2.  After  the  service  of  the  papers  aforesaid  and  such  demand, 
any  tenant,  lessee,  occupant  or  other  person  owing  or  ahout  to 
owe,  any  such  rent  or  any  such  compensation,  shall,  when  such 
rent  or  any  such  compensation  shall  mature  or  become  payable, 
pay  the  same,  and  from  time  to  time  any  other  amount  thereof, 
as  the  same  may  become  due  and  payable  (or  so  much  thereof 
as  is  sufficient  to  satisfy  any  such  judgment  or  claim  for  ex- 
penses, or  both,  so  served),  to  the  treasurer  of  said  board  of 
health;  and  such  treasurer  shall  give  his  receipt  as  treasurer 
therefor,  stating  on  account  of  what  order  or  judgment  and  ex- 
penses the  same  has  been  paid  to  him  and  received;  and  the 
amount  so  received  shall  be  deposited  in  the  bank  in  the  city  of 
New  York,  where  other  funds  of  the  board  are  kept,  to  the 
special  account  of  such  treasurer. 

3.  Any  person  or  corporation  refusing  or  omitting,  as  herein 
directed,  to  make  such  payment  to  said  treasurer,  after  service 
of  the  paper  and  demand  aforesaid,  as  herein  required,  shall  be 
personally  liable  to  said  board  of  health,  or  to  the  party  owning 
any  such  claim  for  expenses  or  judgment  (if  not  belonging  to 
said  board)  for  the  amount  that  should  have  been  paid  to  said 
treasurer,  according  to  the  provisions  hereof,  and  may  by  such 
party  (br  board,  if  the  owner  aforesaid)  be  sued  therefor  ;  and 


Id.  Cump.  4j3. 
Copy  of  order 
with  statement 
of  expense  of 
transcript  of 
judgment  to 
De  served . 


After  demand 
of.  rent  to  be 
paid  to  treas- 
urer. 


Treasurer  to 
give  receipt, 
and  deposit 
in  bank. 


Persons  refus- 
ing to  pay  liable 
for  amount. 


May  be  sued 
therefor. 


•_'4^  EXPENSES  OF  BOARD  OF  HEALTH. 

such  persons  shall  not  in  such  suit  dispute  or  call  in  question  the 
authority  of  said  hoard  of  health  to  incur  or  order  such  expense 
or  the  validity  or  correctness  of  such  expenses  <»r  judgment  in 
any  particular,  or  the  right  of  th<-  party  making  said  demand, 
or  his  assignee,  to  have  the  same  paid  from  such  reni  or  com- 
pensation. But  the  receipt  of  such  treasurer  for  any  sum  paid 
him  as  aforesaid,  shall,  in  all  suits  and  proceedings,  and  for  every 
purpose,  he  as  effectual  in  favor  of  any  person  holding  the  same 
as  actual  payment  of  the  amount  thereof  to  the  proper  landlord, 
lessor,  owner,  or  other  person  or  persons  who  would,  hut  for  the 
provisions  of  this  title,  or  said  service  and  demand,  have  heen 
entitled  to  receive  the  sum  so  paid  to  such  treasurer,  could  or 
would  have  heen.  And  it  is  further  expressly  declared  that  no 
tenant  or  occupant  of  any  lot,  building  or  premises,  or  his  or 
1  heir  assignee  or  lessee,  shall  ho  dispossessed  or  disturbed,  nor 
shall  any  lease  or*  contract,  or  rights,  be  forfeited  or  impaired, 
nor  any  forfeiture  or  liability  be  inclin  ed  by  reason  of  any  omis- 
sion to  pay  to  any  landlord,  owner,  lessor,  contractor,  party,  or 
other  person,  the  sum  so  paid  to  said  treasurer,  or  any  pari 
thereof. 

S;1'^'**  §  634.  The  treasurer  of  said  board  of  health  shall  retain  said 
re^mo  eve  money  SO  paid  him  until  twelve  days  after  it  shall  he  made  to 
tm  twfho  d'nvs  appear  to  said  board  of  health,  or  some  proper  officer  thereof. 

by  satisfactory  affidavit,  that  the  party  or  parties,  or  his  or  their 
agent,  for  the  collection  oi  any  such  rent  or  compensation,  who 
(hut  for  the  provisions  hereof  would  have  been  entitled  to  re- 
ceive the  same)  has  had  written  notice  of  such  payment  being 
made  to  said  treasurer,  and  a  copy  of  his  receipt  therefor  ;  and 
and  if  at  the  end  of  said  twelve  days,  the  party  or  parties  afore- 
said, so  notified,  have  not  instituted  suit  to  recover  said  money, 
as  hereinafter  provided,  then  the  same  shall,  by  said  treasurer, 
he  paid  to  any  person  who  may  own  or  have  the  right  to  recover 
the  amount  of  the  judgment  or  J;he  claim  for  expenses  so  served 
as  aforesaid  (or  so  much  thereof  as  the  party  may  be  entitled 
to),  or  on  account  of  which  the  money  was  paid  to  said  treas- 
urer ;  and  after  such  payment  by  the  treasurer,  the  party  or 
may  bedimed  parties  aforesaid  (who  failed  to  sue)  shall  have  no  right  to  de- 
urera°ft<£eas"  mand  or  receive  any  such  money,  unless  they  shall,  within  six 
twelve  day*.  ealendai  months  from  the  expiration  of  said  twelve  days,  in  a 
suit  allege  that  they  had  no  notice  of  such  payment  to  said 
treasurer,  and  shall,  on  the  trial  of  such  suit,  prove  said  allega- 
tion, and  also  that  they  were  not  liable  to  pay  the  said  claim  for 
expenses,  or  the  said  penalty  or  judgment,  and  that  the  said 
board  had  not  jurisdiction  to  order  the  expenses  aforesaid,  on 
•account  of  which  the  money  was  so  paid  to  said  treasurer,  or  on 
which  any  such  judgment  was  obtained  ;  and  in  case  of  a  re- 


EXPENSES  OF  BOARD  uK  HEALTH. 


243 


eovery  in  such  suit  it  shall  bo  only  to  the  extent  such  parties 

were  not  so  liable  :  and  in  such  suit  any  person  or  persons  who  who  to  be  made 

'  J    i  i  partier. 

may  have  received  said  money  from  said  treasurer  or  said  board,  .lu.^m.-ni 
shall,  by  the  plaintiff,  ho  made  a  party  defendant ;  and  if  the  defendant 
plaint  ill'  shall  recover  sncli  money,  or  any  part  thereof,  said 
board  of  health  shall  be  entitled  to  any  equitable  judgment  in 
such  suit  which  the  court  may  seo  fit  to  direct  for  recovering 
said  money  back,  or  any  part  thereof,  from  such  co-defendant, 
which  had  been  paid  to  him  by  said  treasurer. 

§  635.  In  case  any  suit  shall  be  brought  under  the  last  sec-  [^;pbi^,,s,s 
tion,  or  before  the  expiration  of  the  said  twelve  days,  said  board 
of  health  (but  not  said  treasurer)  shall  be  joined  as  a  party 
defendant;  and  any  person  or  persons  other  than  said  board,  h  rait  brought 
claiming  the  right  to  receive  said  money  on  account  of  said  daya^bomay 
order,  expenses  or  judgment,  or  who  has  received  the  same,  be  part"'s- 
shall  also  by  the  plaintiff  be  made  parties  defendant ;  and  no 
answer  need  be  made  by  said  board  (except  at  its  option,  or  if  it 
be  not  a  claimant  as  having  paid  or  incurred  said  expenses,  or 
as  being  the  owner  of  said  judgment),  further  than  the  allega- 
tion that  it  holds  said  money  so  paid,  and  is  ready  to  pay  it  over, 
as  the  result  of  the  suit  may  render  it  proper,  or  to  pay  an  equal 
amount  to  the  plaintiff,  if  adjudged  to  do  so;  and  said  money 
shall  beheld  by  said  board  pending  said  suit  (if  not  paid  over 
before  suit  brought  as  aforesaid),  and  provided  said  suit  be  dili-  Money  to  be 

,         .         ,  ..  .  beld  pending 

ently  prosecuted  to  judgment ;  and  #n  its  conclusion  the  board  suit- 


of  health  shall  cause  the  money,  if  still  with  its  treasurer,  or 
the  proper  amount  from  its  funds,  to  be  paid  as  the  determina- 
tion of  the  suit  mav  render  proper  :  and  no  costs  in  any  suit  in  no  costs 

,  ^  against  board. 

this  section  mentioned  shall  be  recovered  against  said  board  of 
health.  But  to  entitle  a  plaintiff  to  recover  in  any  such  last 
named  suit,  he  must  make  the  same  proof  and  establish  the 
same  facts  as  is  required  to  enable  him  to  recover  in  any  afore- 
said suit  in  this  title  mentioned,  except  as  to  his  not  having  had 
notice  of  such  payment  to  such  treasurer.  The  treasurer  shall 
obey  the  directions  of  said  board,  and  shall  not  be  personally 
liable  (unless  for  his  own  fraudulent  acts)  for  or  in  respect  of 
any  such  money  or  facts  aforesaid  to  any  one,  but  said  board  of 
health  shall  pay  such  sum  as  may  be  finally  adjudged  against  it 
in  any  suit. 

.:Jl  « t*  3 


A  JJATE.M  ENT  OF  NUISANCES. 


Title  8.— Abatement  lnj  Suit. 


( iomp.  44'J. 

Nuisance 

defined, 


Liability  fur 
expense  of 
abating. 
1SW.  ciiH.  14,086. 


1867,  ch.flSti, 
subs.  i,  a. 
Comp.  448,  144. 
Suits  to  abate 
nuisances 
Set-  1874.ch.686, 

*4. 


Disposition  of 
costs. 


ch.  9o6.  §6. 
subd.  3. 
Comp.  441.  . 

How  issue  to  be 
tried. 


,i  636.  The  word  nuisance,  as  used  in  this  title,  .shall  be  held 
to  embrace  public  nuisance  as  known  at  common  law,  or  in 
equity  jurisprudence;  and  it  is  further  enacted  that  whatever  is 
dangerous  to  human  life  or  detrimental  to  health:  whatever 
building  or  erection,  or  part  or  cellar  thereof,  is  overcrowded 
with  occupants,  or  is  not  provided  with  adequate  ingress  and 
egress  to  and  from  the  same,  or  the  apartments  thereof,  or  is 
not  sufficiently  supported,  ventilated,  sewered,  drained,  cleaned, 
or  lighted,  in  reference  to  their  or  its  intended  or  actual  use; 
and  whatever  renders  the  air,  or  human  food  or  drink,  unwhole- 
some, are  also,  severally,  in  contemplation  of  this  title,  nuisan- 
ces; and  all  such  nuisances  are  hereby  declared  illegal;  and  each 
and  all  persons  and  corporations  who  created  or  contributed 
thereto,  or  who  may  support,  continue,  or  maintain  or  retain 
them,  or  any  of  them,  shall  be  jointly  and  severally  liable  for  or 
toward  the  expense  of  the  abatement  and  remedying  of  tho 
same;  but,  as  between  themselves,  any  such  persons  and  cor- 
porations may  enforce  contribution  or  collect  expenses,  accord- 
ing to  any  legal  or  equitable  relations  existing  between  them; 
but  nothing  herein  contained  shall  annul  or  defeat  any  common- 
law  liability,  or  responsibility  in  respect  of  nuisances. 

§637.  Said  board  of  health  may  institute  and  maintain  in 
any  court  in  said  city  having  jurisdiction  in  suits  where  the 
amount  claimed  exceeds  one  thousand  dollars,  a  suit  or  suits  for 
the  abatement  or  remedying  of  any  of  the  aforesaid  nuisances, 
either  completely  or  as  fully  as  may  be  thought  necessary  by 
the  court.  And  all  costs  collected  in  any  such  action  or  pro- 
ceeding shall  be  paid  over  to  the  treasurer  of  the  board  and  ac- 
counted for  by  him.  To  all  such  suits  the  provisions  of  this 
chapter,  relative  to  jurisdiction,  costs,  and  parties,  shall  be  ap- 
plicable; and  the  courts  shall  allow  the  plaintiff,  at  any  proper 
stage  of  the  case,  to  amend,  by  joining  other  parties  defendant; 
and  no  suit  shall  be  dismissed  or  defeated  by  reason  of  there 
being  other  persons  interested  therein,  or  concerned  in  causing, 
creating,  or  maintaining  the  nuisance  complained  of  in  such  suit 
where  such  person  is  not  a  necessary  party  to  the  suit. 

§  638.  Such  suit  shall  be  tried  as  an  issue  of  law,  and  without 
a  jury,  unless  some  defendant  shall,  in  his  answer,  or  by  notice 
in  writing  to  be  served  on  plaintiff's  attorney  within  five  days 
after  service  of  said  answer,  demand  a  trial  by  jury  on 
some  question  of  fact,  to  be  in  said  answer  or  notice  dis- 
tinct!}- stated,  and  in  respect  of  which  a  right  of  trial  by  jury 


ABATEMENT  OF  NUISANCES.  24A 

exists:  and  if  any  mk  Ii  demand  be  so  made  ami  served,  the  case 

shall,  as  to  all  the  defendants,   be  placed  6n  the  calendar  of 

jury  trial  cases;  and  when  reached  for  trial,  if  issues  of  fact  for 

the  jury  have  not  before  been  settled,  the  presiding  judge  may 

state  in  writing  the  issues  of  fact  to  be  submitted  to  the  jnry,or  the 

trial  shall  proceed  upon  the  material  issues  of  fad  made  by  the 

pleadings  without  BUCh  written  statement  of  issues;  and  the 

judge  who  presided  at  the  trial  (or  some  judge  of  the  same  JSttfSenttob* 

court,  if  said  judge  be  unable,)  shall  on  receiving  the  verdict,  or 

as SOOn thereafter,  and  at  the  same  term,  if  possible,  settle  and 

cause  to  be  entered  the  proper  judgment  in  said  suit. 

$  GM.  If  the  judgment  be  that  any  nuisance  may  be  abated  *0' 
or  remedied,  in  whole  or  in  part,  said  judgment  shall  contain  °°mp  Ul 
sufficient  directions  for  its  proper  execution,  and  the  judge  shall,  WhaJ ,  . 
from  the  ])leadings  and  f  rom  the  evidence  given  at  the  trial,  find  ,"7"' to  r"n 
and  state  what  proportion  of  the  expense  of  such  execution  shall 
be  paid  or  be  borne  by  each  or  all  of  the  defendants,  jointly  or 
severally;  and  if,  in  the  opinion  of  the  court,  any  part  of  or  all 
of  the  expense  of  such  execution  should  be  borne  by  said  board 
of  health,  or  the  execution  of  such  judgment  should  be  made  by 
said  board,  or  under  its  direction,  said  judgment  shall  contain 
the  appropriate  directions  in  respect  to  such  last-named  payment 
or  execution.    And  the  court  may  also  adjudge  the  board  to  pay 
or  advance  such  proportion  of  the  expenses  of  executing  such 
judgment  as  the  judgment  shall  not  direct  to  be  paid  by  some 
one  or  all  of  the  defendants.    Said  judgment,  if  against  any  de- 
fendant, shall,  .on  its  face,  state  that  it  will  be  a  lien  on  the  real  erty  it  is  a  lira, 
property  and  corporeal  hereditaments  of  such  defendant  or  de- 
fendants respectively,  to  which  the  said  nuisance  shall  have 
related,  till  his  or  their  proportion  of  such  expenses  of  execution 
are  satisfied,  or  the  lien  thereof  shall  be  otherwise  discharged 
according  to  law. 

§  640.  Any  person  prejudicially  affected  by  the  lien  of  any  1.1.  sum.  3. 
such  judgment  may,  on  eight  days'  notice  to  said  board,  make  a 
motion  before  any  judge  of  the  court  in  which  said  judgment 
was  rendered,  for  an  order  that  the  lien  of  such  judgment  be  How  removed 
.discharged  as  to  all  or  any  specific  property  set  forth  ;  and  if  it  186r, ch. sse,  jr.. 
shall  appear  to  such  judge,  on  the  hearing  of  such  motion,  that  j°^^Y 
such  eight  days'  notice  of  such  motion  has  been  given  to  the  whlmw^SsM 
board  of  health,  and  that  such  judgment  has  been  executed  and  liaid- 
the  expenses  paid,  which  the  lien  sought  to  be  discharged  was  on  bond  Kiv»-n. 
designed  to  secure:  or  if  a  proper  or  sufficient  undertaking  or 
bond,  with  sureties,  shall  be  given  for  the  payment  of  such  ex- 
penses; or  if  said  board  of  health,  through  its  attorney  or  coun-  °r  onMIlwm- 
sel,  shall  in  writing  consent  to  the  discharge  of  the  last-named 
lien,  as  to  any  or  all  property  referred  to,  or  as  to  one  or  more 


ABATEMENT  OF  NUISANCES. 


Id.  subd.  6, 
Coinp.  ■)  15. 
Appeal  not  to 
stay  proceed- 
ings, except  on 
special  order. 


If  no  slay,  judg- 
ment to  be 
executed. 


Appeals  to  bo 
taVen 


Tempo  rary 
stay. 

Undertaking. 


What  to  con- 
tain. 


Xo  stay  longer 
than  ten  davs. 


Board  may 
appeal  without 
security. 


defendants,  then  said  judge  may  order  said  lien  discharged  of 
record  by  the  proper  officer,  to  the  extent  and  as  to  the  person 
or  persons  that  the  order  shall  specify  ;  and  it  shall  be  so  dis- 
charged; and  such  order  and  the  moving  papers  shall  he  filed 
with  the  proper  clerk,  as  the  judge  shall  direct. 

§  641.  No  appeal  by  any  party  defendant  shall  stay  the  exe- 
cution of  any  judgment  aforesaid,  except  to  the  extent,- in  refer- 
ence to  the  persons,  and  on  the  conditions  the  judge  who  tried 
the  case  (if  he  can  be  conveniently  applied  to.  or,  if  not,  some  other 
judge  of  the  same  court),  shall,  on  the  settling  yf  the  judgment, 
or  on  motion,  and  on  four  days'  notice  to  said  board  of  health, 
and  with  due  reference  to  the  public  interests  involved,  specially 
order;  and  if  no  such  order  shall  be  made,  the  judgment  shall 
be  executed,  notwithstanding  any  appeal,  undertaking,  or  se- 
eurity,  and  without  any  liability  on  the  part  of  any  person 
(other  than  as  herein  elsewhere  provided,  in  respect  to  said 
board),  by  reason  of  any  damages  or  consequences  growing  out 
of  the  execution  of  such  judgment,  whether  the  same  be  reversed 
or  not.  All  appeals  by  the  defendant  from  any  judgment 
in  the  said  abatement  suits  shall  be  taken  within  ten  days  after 
notice  in  writing  to  the  defendant  or  his  attorney,  of  the  entry 
of  the  judgment  therein,  and  the  judge  who  tries  the  case  may, 
in  his  discretion,  and  without  security,  but  only  for  the  period 
of  the  said  ten  days,  order  a  stay  as  to  the  execution  of  the 
judgment;  and  within  said  period  of  ten  days  an  undertaking  or 
security  on  appeal  (to  stay  execution  of  the  judgment,  as  herein 
provided)  must  be  filed,  the  same  to  be  otherwise  of  the  form 
and  obligation  as  is  required  in  ordinaiy  appeals  from  judgments, 
but  which  shall  also  be  conditioned  for  the  payment  of  the  ap- 
pellants' adjudged  share  of  the  expenses  of  executing  such  judg- 
ment as  the  court  may  have  estimated  and  said  judgment  may 
have  stated,  or  (if  not  estimated  in  said  judgment),  as  the  judge, 
on  application  and  three  days'  notice  to  said  board,  shall  esti- 
mate the  same,  in  conformity  with  the  judgment,  for  the  pur- 
pose of  such  security  on  appeal.  But  pursuant  to  any  order,  or 
otherwise,  the  execution  of  any  judgment  against  the  defend- 
ants shall  not  be  delayed  beyond  said  ten  days,  if  within  that, 
period  the  proper  undertaking  or  security  on  appeal,  approved 
by  the  judge,  has  not  been  filed,  and  the  appeal  perfected,  as 
herein  provided;  and  the  judgment  may  state  the  estimated  ex- 
pense that  will  have  to  be  paid  by  any  party  towards  executing 
said  judgment.  But  said  board  may  appeal  in  any  such  case,  or 
any  case  to  which  it  is  a  party,  within  ten  days  after  the  entry 
of  any  judgment,  and  without  giving  any  security;  such  appeal 
shall  be  effectual,  and  shall  operate  as  a  stay  on  the  judgment, 
or  upon  the  part  thereof  in  respect  to  which  said  board  appeals. 


ABATEMENT  OF  NUISANCES.  247 

§042.  In  any  such  abatement  suit  said  board  may  join  a 
cause  of  action  for  anv  p  nabs  or  penalties  that  may  have  been  <  ;""i>  >'<; 

J  r  "  i  c  •  Inlm  for  pen 

incurred  bv  either  of  1 1 1 « *  defendants,  bv  reason  of,  or  in  connec-  am  mj  <■•■ 

J  *  .       Joined  In  <unm> 

Hon  with,  the  nuisance  complained  of  j  orbyreasonol  any  onus-  action 
sion  or  refusal  of  any  defendant  to  obey  or  comply  with  any 
order  of  the  hoard  of  health  touching  such  alleged  nuisance,  and 
have  the  proper  provision  in  any  judgment  therefor  against  one 
or  more  of  the  defendants.  No  motion  for  a  new  trial  on  a  case  Jgg°B 
made  shall  be  entertained  in  any  such  abatement  suit,  except  as 
a  part  of  and  as. arising  upon  the  papers  upon  a  regular  appeal 
to  a  general  terni  of  the  court,  and  to  be  beard  therewith. 

>:  t'.-t:'..  The  judgment  of  the  general  term,  if  it  shall  to  any  M-««a»d.a 
extent  direct  any  change  in  the  judgment  appealed  from  (but  "\*2™fZu. 
shall  direct;  or  allow  or  fail  to  forbid  the  judgment  in  part  to  be  tocont*ta 
executed),  shall  also  contain  the  requisite  specific  provisions,  so 
that  the  judgment  as  modified  maybe  executed,  and  the  due 
proportion  of  the  expenses  of  such  execution  maybe  assessed  on 
the  defendants  respectively,  or  on  said  board,  as  the  general  term 
may  adjudge.    Upon  any  appeal  from  the  general  term  to  the  ^^oV" 
court  of  appeals,  in  such  abatement  suit,  the  provisions  hereof  BppeaU 
as  to  appeals  from  the  judgment  to  the  general  term,  and  as  to 
security  on  appeal,  shall,  in  all  particulars,  including  the  length  ( 
of  time  given  in  which  to  take  an  appeal,  apply  ;  and  no  change  coJieof  iT^" 
in  the  code  of  civil  procedure,  or  otherwise,  hereafter  to  be  uretoaPP1-v 
made,  though  in  subject-matter  applicable  to  said  abatement 
suits,  shall  be  construed  to  modify  the  aforesaid  or  other  pro- 
visions of  the  health  laws  as  to  any  suits  thereunder,  unless  such 
act  shall  specifically  declare  such  modification  to  be  intended. 

§  G44.  Upon  the  execution  in  whole  or  in  part  of  any  such  1866,  ch.' bm,  §c 
judgment  (if  said  board  shall,  as  it  is  hereby  authorized  to  do,  comp. -no. 

J      "  *  -  '    Statement  of 

decide  the  public  interest  to  demand  onlv  execution  in  part  expense  of  exe- 

r  ,       cuting  to  never- 

thereof),  a  statement  of  the  expenses  of  such  execution  shall  be  'flea  and  rued, 
made,  and  such  expenses  shall  be  therein  apportioned  not  con- 
trary to  any  provisions  of  said  judgment  ;  aud  upon  the  same 
being  verified  by  the  oath  of  some  person  who,  by  due  authority, 
took  part  in  or  had  charge  of  the  execution  of  such  judgment, 
or  by  some  officer  of  said  board,  such  statement,  entitled  in  the 
case,  may  be  filed  or  given  to  the  proper  clerk  to  be  filed,  with 
such  judgment  ;  and  notice  of  such  filing  or  delivery,  and  a  copy  NotoeoffiUn* 
of  such  statement  shall  be  given  to  the  attorneys  of  the  defend- 
ant in  the  suit,  or  to  the  defendants  themselves,  or  to  some  one 
of  the  joint  defendants ;  and  unless  within  ten  days  after  any  m^o^ome 
such  notice,  such  defendants  «hall  give  due  notice  in  writing,  to  flnal 
Said  board,  or  to  the  person  who,  as  assignee  or  by  order,  exe- 
cuted such  judgment  or  is  entitled  to  payment  of  such  expense 
1  in  case  it  was  not  executed  bv  said  board  t.  of  a  motion,  and 


2 }  £ 


ABATEMENT  OF  NTJISANl  EES. 


Judge's  finding 
final 


Effect  of  modi- 
fied Uiulinjf. 


1867.  ch.  956, 

Buba.  10, 
C'omp.  447. 


When  execution 
to  be  issued,  and 
for  what 


Against  whom. 


No  execution 
for  less  than 
amount  due. 


Separate  exe- 
cution for 
costs,  penalty, 
etc. 


1866,  ch.  956,  §6, 
subd.  11, 
Comp.  447. 


serve  therewith  copies  of  affidavits  to  correct  such  statement  in 
particulars  to  he  mentioned,  and  separately  and  clearly  stated  in 
such  affidavit,  such  statement  aforesaid  shall  ho,  in  all  suits  and 
proceedings  and  tribunals,  and  at  all  times,  deemed  and  taken  to 
be  final,  conclusive,  and  correct  ;  and  no  formal  defect  in  such 
statement  shall  in  any  wise  vitiate  the  same.  And  on  any  hearing 
of  such  motion,  any  party  in  interest,  or  said  board,  may  read  affi- 
davits in  support  of  such  original  statement  ;  and  the  finding  of 
any  judge  on  the  hearing  of  such  motion,  as  to  the  said  statement 
of  such  expenses  and  other  matters  in  such  motion  involved  or 
statement  contained,  shall  be  final  and  conclusive,  and  not  sub- 
ject to  appeal ;  and  such  finding  or  statement  as  modified  by 
,  such  finding,  when  filed,  shall  be  of  the  same  effect  as  such 
original  statement  would  have  been  had  no  motion  in  regard 
thereto  been  made  ;  and  for  the  purpose  of  an  execut  ion  for  such 
expense,  and  creating  a  lien  under  any  judgment,  such  state- 
ments and  finding  or  modified  statement  shall  be  regarded  as  a 
part  of  said  judgment,  and  the  lien  thereof  shall  extend  to  any 
amounts  stated  in  such  final  statement  and  finding. 

§  645.  For  the  proportion  and  amounts  as  authorized  by  such 
judgment,  and  contained  in  such  finding  or  in  stich  statement  or 
modified  statement,  when  either  of  the  same  shall  have  become 
final  as  aforesaid,  said  board  or  any  assignee  of  such  board,  or 
any  other  person  who  has  executed  such  judgment,  or  has  other- 
wise a  right  to  receive  the  expense  of  so  doing  (or  the  portion 
thereof  that  may  be  due  from  any  defendant),  shall  have  execu- 
tion, on  such  execution  being  allowed  ex-parte,  by  a  judge  of 
the  court  in  which  any  judgment  was  recovered  (and  such  exe- 
cution shall,  in  due  form,  be  allowed  by  any  such  judge) ;  such 
execution  to  be  against  any  one  or  more  defendants  or  joint 
defendants  for  the  recovery  of  any  amount  due  from  such 
defendant  or  defendants,  which  the  party  claiming  such  execu- 
tion is  entitled  to  receive  ;  and  such  execution,  except  as  herein 
especially  provided,  shall  be  of  the  same  effect  and  form  as  any 
execution  duly  issued  pursuant  to  any  judgment.  But  no  exe- 
cution shall  be  issued  against  any  defendant  for  less  than  the 
whole  sum  due  from  such  defendant,  or  for  less  than  he  shall  be 
liable  tcrpay  in  such  suit ;  but  any  sum  adjudged  against  any 
defendant  or  defendants,  in  any  such  abatement  suit  for  penal- 
ties, costs,  or  for  other  cause  than  the  expense  of  the  abatement 
or  remedying  of  such  nuisance,  may  be  collected  by  separate  or 
other?  executions  (than  those  authorized  for  collecting  such 
expenses)  to  be  issued  in  due  course  of  law. 

§  646.  In  any  abatement  suit  aforesaid  the  court,  or  a  judge 
thereof,  may  issue  and  enforce  an  appropriate  preliminary  in- 
junction, whenever  it  shall  be  asked  for  pursuant  to  an  order  of 


9 


ABATEMENT  OF  NTTtSANOES.  349 

said  hoard  of  health,  by  affidavit,  and  there  shall  appear  to  such  pwunanagyn 
judge  to  bo  reasonable  cause  therefor  ;  and  such  injunction  may  kgwnted 
also  bo  granted  whenever  it  shall  bo  made  to  appear  to  the 
court  Or  a  judge  thereof,  by  affidavit,  that  such  injunction  is 
needed  to  prevent  any  illegal  act,  conduct,  or  business  aforesaid, 
or  ?ts  continuance,  or  to  prevent  any  serious  danger  to  human 
life  or  serious  detriment  to  health,  or  great  public  inconvenience 
touching  any 'matter  or  thing  to  which  this  act  or  the  health 
laws  aforesaid  relate.    And  in  any  such  injunction  order  the  t^allo",; 
court  may  require  any  building,  erection,  or  grounds  to  be  put  • 
in  a  condition  that  will  not  be  dangerous  to  the  life  or  detri- 
mental to  the  health  of  any  occupant,  before  the  same  shall  be 
leased,  or  rented,  or  occupied,  or  before  any  rent  or  compensa- 
tion shall  be  collected  for  the  rent  or  use  of  the  whole  or  any 
portion  of  the  same.    In  any  such  injunction  order,  and  also  in  SS»to 
any  judgment  in  any  abatement  suit,  the  judge  or  court  may  bowdf*0 
require  the  tenants,  lessees,  and  occupants  (or  either  or  any  of 
them)  of  any  such  building,  erection  or  grounds,  to  pay  the 
rent  thereof  (or  compensation  therefor),  due  or  to  grow  due,  to 
said  board,  and  said  board  to  collect  and  receive  the  same,  and 
to  apply  said  rent  to  pay  the  expenses  of  putting  any  said  build-  "™pr™°"py  lo 
ing,  erection  or  ground  in  a  condition  that  will  not  be  dangerous 
to  the  life  or  detrimental  to  the  health  of  any  present  or  future 
tenant,  lessee  or  occupant,  or  of  any  other  persons  ;  all  such  col- 
lections and  payments  to  be  made  in  such  manner,  to  such  ex- 
tent and  on  such  conditions  as  any  such  order  or  judgment  may 
provide  ;  and  every  such  payment  to  said  board,  and  the  receipt  J^^obe  a 
of  its  treasurer  for  such  rent  or  compensation,  shall  be  as  dischars*>- 
effectual  to  protect  any  person  who  has  made  the  same, 
and  every  such  tenant,   lessee,  and  occupant,  and  all  his 
and    their    rights    under    any  lease  or    occupation,   as  if 
such   payment  had  been  made  to  and   such   receipt  had 
been  given  by  any  lessor  or  owner,  or  any  proper  claimant 
of  any  such  rent  or  compensation,   who  had,  but  for  such 
order  or  judgment,  the   right  and  authority  to  receive  the 
.same.    But  no  undertaking  or  security  shall  be  required  or  ^SjmS^8 
necessary,  on  the  part  of  said  board,  as  a  condition  of  granting 
such  injunction,  or  the  same  being  effectual ;  and  in  any  final 
judgment  in  such  suit  there  may  be  enjoined  whatever,  if  about 
to  happen  or  threatened,  would  be  the  proper  subject-matter  of 
a  preliminary  injunction.    And  when  the  public  interest  seems  J"^,1^  1,6 
to  the  court  to  require  a  speedy  trial  or  hearing  of  any  such  suit 
or  appeal  therein,  it  shall  be  the  duty  of  any  judge  of  any 
court  aforesaid,  or  of  the  court  to  whom  application  by  said 
board  may  be  properly  made,  to  cause  such  suit  or  appeal  to  be 
brought  to  a  speedy  trial  (and  before  it  would  otherwise  be 


250 


HICAl/ni  PROVISIONS  AS  TO  TENEMENT  HOUSES. 


reached  for  trial  or  argument  in  due  course  on  the  calendar),  as 
the  judge  or  court  may  hy  special  order  direct. 
Sck1BM6'       §  W"-      so  <ar  as  any  judgment  may  ho  directed  to  be  exe- 
comp.448.       cuted  at  tho  expense  of  said  hoard  of  health,  or  hy  any  partv 
bwiiT''1  b'  "'"  "°i;ona-ant  at  his  own  expense,  and  shall  hy  such  party  defend- 
ant he  so  executed,  the  expense  of  such  execution  shall  not  he 
stated  or  embraced  in  the  aforesaid  statement  or  finding  of  ex- 
penses ;  hut  if  any  part  of  the  execution  aforesaid,  which  any 
party  should  have  borne  or  paid,  shall  (by  reason  of  the  delay, 
refusal  or  defective  act  or  execution  of  such  party,  or  any  other 
cause),  be  'paid,  home,  or  incurred  by  said  board  of  health,  in 
and  about  the  execution  of  such  judgment,  then  the  said  latter 
expenses  of  said  board  may  be  embraced  in  said  statement  and 
finding,  and  collected  hy  execution  as  aforesaid. 
MjBubd.18,         §  648.  Whatever  expenses  said  hoard  of  health  may  lawfully 

Expenses  in-  and  properly  incur  in  the  execut  ion  of  any  judgment  aforesaid, 
cuiTed  by  board        .  ,.  .  •  ..,    ..  -, 

in  good  faith  to  or  in  executing  or  in  connection  with  its  own  orders,  made  in 
its  funds.  m  good  faith,  or  in  and  about  the  discharge,  in  good  faith,  of  its 
supposed  duties,  or  in  satisfying  any  liability  or  judgment  it 
may  have  in  good  faith  incurred  or  suffered  by  reason  of  its  acts 
done  in  good  faith  as  aforesaid,  or  in  satisfying  any  claim 
against  its  officers  or  subordinates,  arising  from  their  acts  in  the 
discharge,  in  good  faith,  of  their  supposed  respective  duties, 
shall,  so  far  as  established,  be  paid  out  of  its  fund  or  other 
monevs. 


Title  7. — Tenement  and  Lodging  Houses. 

(^mp^rT' S1'  £  ^°  nouse>  huilding,  or  portion  thereof,  in  the  city  of 
New  York  shall  he  used,  occupied,  leased,  or  rented  for  a 
tenement  or  lodging  house  unless  the  same  conforms  in  its 
construction  and  appurtenances  to  the  requirements  of  this 
title. 

m  §  C50.  Every  house,  building,  or  portion  thereof,  in  the  city 

designed  to  he  used,  occupied,  leased,  or  rented,  or  which  is 
used,  occupied,  leased,  or  rented  for  a  tenement  or  lodging 
house,  shall  have  in  every  room  which  is  occupied  as  a  sleeping 
room,  and  which  does  not  communicate  directly  with  the 
external  air,  a  ventilating  or  transom  window,  having  an  open- 
ing or  area  of  three  square  feet,  over  the  door  leading  into  and 
connected  with  the  adjoining  room,  if  such  adjoining  room  com- 

ventiiation  and  mmiicates  with  the  external  air,  and  also  a  ventilating  or  transom 

windows.  /.,■>  •  ...  .,, 

window  of  the  same  opening  or  area,  communicating  with  the 
entry  or  hall  of  the  house,  or  where  this  is,  from  the  relative 
situation  of  the  rooms,  impracticable,  such  last-mentioned 


HEALTH   I'KOVISIONS  AS  TO  TEN EM EN  Y  HOUSES.  251 

ventilating  or  transom  window  sli;ill  communicate  with  an 
adjoining  room  that  itself  communicates  with  the  entry  or  hall,  i,.;;;*1"' ' hi 
Every  such  house  or  building  shall  have  in  the  roof,  at  t  ho  top  of 
tho  hall,  an  adequate  and  proper  ventilator,  of  a  form  approved 
by  the  inspector  of  buildings. 

g  ('.;. I .  Every  such  house  shall  be  provided  with  a  proper  tire  cSSp^^8-*8, 
.  scape,  or  means  of  escape  in  case  of  fire,  to  be  approved  by  the  n»e*»pei 
inspector  of  buildings. 

§  659,  The  roof  of  every  such  house  shall  be  kept  in  good  J2 
repair,  and  so  as  not  to  leak,  and  all  rain  water  shall  be  so 
drained  or  conveyed  therefrom  as  to  prevent  its  dripping  on  to  Koof  inr' |mlr 
the  ground,  or  causing  dampness  in  the  walls,  yard,  or  area.  All  Stlul 
stairs  shall  bo  provided  with  proper  banisters  and  railings,  and 
shall  be  kept  in  good  repair. 

£  Goo.  Every  such  building  shall  be  provided  with  good  and  lVat!,., ,s 
suflicient  water-closets  or  privies,  of  a  construction  approved  by  orP,i%i,s 
the  board  of  health,  and  shall  have  proper  doors,  traps,  soil 
pans,  and  other  suitable  works  and  arrangements,  so  far  as  may 
be  necessary  to  insure  the  efficient  operation  thereof.  Such 
water-closets  or  privies  shall  not  be  less  in  number  than  one  to 
every  twenty   occupants  of  said   house  ;  but  water-closets 
or  privies  may  be  used  in  common  by  the  occupants  of  any 
two  or  more  houses,  provided  the  access  is  convenient  and  direct, 
and  provided  the  number  of  occupants  in  the  houses  for  which 
they  are  provided  shall  not  exceed  the  proportion  above  required 
for  every-  privy  or  water-closet.    Every  such  house  situated 
upon  a  lot  on  a  street  in  which  there  is  a  sewer,  shall  have  the  edwithsewe! 
water-closets  or  privies  furnished  with  a  proper  connection  with 
the  sewer,  which  connection  shall  be  in  all  parts-  adequate  for 
the  purpose,  so  as  to  permit  entirely  and  freely  to  pass  whatever 
enters  the  same.    Such  connection  with  the  sewer  shall  be  of  a 
form  approved  by  the  commissioner  of  public  works.    All  such 
water-closets  and  vaults  shall  be  provided  with  the  proper  traps, 
and  connected  with  the  house  sewer  by  a  proper  tight  pipe,  and 
shall  be  provided  with  sufficient  water  and  other  proper  means 
of  flushing  the  same ;  and  every  owner,  lessee,  and  occupant  obstruction!., 
shall  take  adequate  measures  to  prevent  improper  substances  etc.  ""^ 
from  entering  such  water-closets  or  privies,  or  their  connections, 
and  to  secure  the  prompt  removal  of  any  improper  substances 
that  may  enter  them,  so  that  no  accumulation  shall  take  place, 
and  so  as  to  prevent  any  exhalations  therefrom,  offensive, 
dangerous,  or  prejudicial  to  life  or  health,  and  so  as  to  prevent 
the  same  from  being  or  becoming  obstructed.    No  cess-pool 
shall  be  allowed  in  or  under  or  connected  with  any  such  house,  Cess-p  ->ols, 
except  when  it  is  unavoidable,  and  in  such  case  it  shall  be  unavoidable 
constructed  in  such  situation  and  in  such  manner  as  the  board 


252 


HEALTH  PKOVISION'S  AS  TO  TENEMENT  HOUSES. 


Yard  orurna  to 
be  connected 
with  sewer  or 
street  gutter. 


IKC7,  ob.  MS, 
I'omp.  476. 
( 'ellars  not 
occupied  as 
dwellings. 


Must  be 
drained. 


Water-closet, 
^.windows,  etc. 


Back  cellar 
may  be  occu- 
pied with 
front  one. 


of  health  may  direct.  It  shall  in  all  cases  he  water-tight,  and 
arched  or  securely  covered  over,  and  no  offensive  smell  or  gases 
shall  lie  allowed  to  escape  therefrom,  or  from  any  privy  or  privy 
vault.  In  all  cases  where  a  sewer  exists  in  the  street  upon 
which  the  house  or  building  stands,  the  yard  or  area  shall  he  so 
connected  with  the  same  that  all  water  from  the  roof  or  other- 
wise, and  all  liquid  filth  shall  pass  freely  into  it.  Where  no 
sewer  exists  in  the  street,  the  yard  or  area  shall  he  so.  graded 
that  all  water,  from  the  rooforotherwi.se,  and  all  filth  shall  flow 
freely  from  it  and  all  parts  of  it  into  the  street  gutter,  by  a 
passage  beneath  the  sidewalk,  which  shall  be  covered  by  a  per- 
manent cover,  but  so  arranged  as  to  permit  access  to  remove 
obstructions  or  impurities. 

§  654.  It  shall  not  be  lawful,  without  a  permit  from  the  board 
of  health,  to  let  or  occupy,  or  suffer  to  be  occupied  separately  as  a 
dwelling,  any  vault,  celhir,  or  underground  room  built  or  rebuilt 
after  July  first,  eighteen  hundred  and  sixty  seven,  or  which 
shall  not  have  been  so  let  or  occupied  before  said  date.  It  shall 
not  be  lawful  without  such  permit  to  let  or  continue  to  be  let, 
or  to  occupy  or  suffer  to  be  occupied  separately  as  a  dwelling 
any  vault,  cellar,  or  underground  room  whatsoever,  unless  the 
same  be  in  every  part  thereof  at  least  seven  feet  in  height, 
measured  from  the  floor  to  the  ceiling  thereof,  nor  unless  the 
same  be  for*at  least  one  foot  of  its  height  above  the  surface  of 
the  street  or  ground  adjoining  or  nearest  to  the  same,  nor  unless 
there  be  outside  of  and  adjoining  the  said  vault,  cellar,  or  room, 
and  extending  along  the  entire  frontage  thereof,  and  upwards 
from  six  inches  below  the  level  of  the  floor  thereof,  up  to  the 
surface  of  the  said  street  or  ground  an  open  space  of  at  least  two 
feet  and  six  inches  wide  in  every  part,  nor  unless  the  same  be 
well  and  effectually  drained  by  means  of  a  drain,  the  uppermost 
part  of  which  is  one  foot  at  least  below  the  level  of  the  floor  of 
such  vault,  cellar,  or  room,  nor  unless  there  is  a  clear  space  of 
not  less  than  one  foot  below  the  level  of  the  floor,  except  where 
the  same  is  cemented,  nor  unless  there  he  appurtenant  to  such 
vault,  cellar,  or  room,  the  use  of  a  water-closet  or  privy  kept 
and  provided  as  in  this  title  required;  nor  unless  the  same  have 
an  external  window  opening  of  at  least  nine  superficial  feet  clear 
of  the  sash  frame,  in  which  window  opening  there  shall  he  fitted 
a  frame  filled  in  with  glazed  sashes,  at  least  four  and  a  half  su- 
perficial feet  of  which  shall  be  made  so  as  to  open  for  the  pur- 
pose of  ventilation.  Provided,  however,  that  in  the  case  of  an 
inner  or  back  vault,  cellar,  or  room,  let  or  occupied  along  with  a 
front  vault,  cellar,  or  room,  as  part  of  the  same  letting  or  occu- 
pation, it  shall  be  a  sufficient  compliance  with  the  provisions  of 
this  section  if  the  front  room  is  provided  with  a  window  as 


HEALTH  PROVISIONS  as  TO  TENEMENT  HOUSES. 


253 


hereinbefore  provided,  and  if  t lie  said  back  vault,  cellar  or  room 
is  connected  with  the  front  vault,  cellar  or  room  by  a  door,  and 
also  by  a  proper  ventilating  or  transom  window,  and,  where 
practicable,  also  connected  by  a  proper  ventilating  or  transom 
window,  or  by  some  hall  or  passage  communicating  with  the 
external  air.  Provided  always  that  in  any  area  adjoining  a  atepstoaw* 
vault,  cellar,  or  underground  room  there  may  be  steps  necessary 
for  access  to  such  vault,  cellar,  or  room,  if  the  same  be  so  placed 
as  not  to  be  over,  across,  or  opposite  to  the  said  external  win- 
dow, and  so  as  to  allow  between  every  part  of  such  steps  and 
the  external  wall  of  such  vault,  cellar,  or  room,  a  clear  space  of 
six  inches  at  least,  and  if  the  rise  of  said  steps  is  open;  and 
provided  further  that  over  or  across  any  such  area  there  may  be  A1 .,, , m  , 
steps  necessary  for  access  to  any  building  above  the  vault, 
cellar,  or  room  to  which  such  area  adjoins,  if  the  same  be  so 
placed  as  not  to  be  over,  across,  or  opposite  to  any  such  external 
window. 

§  655.  No  vault,  cellar,  or  underground  room  shall  be  occu-  [887, ch.  908, $7, 
pied  as  a  place  of  lodging  or  sleeping,  except  the  same  shall  be  omp 
approved  in  writing,  and  a  permit  given  therefor  by  the  board 
of  health. 

§  65G.  Every  tenement    or  lodging   house   shall  have  the  Every  cellar  re- 
proper  and  suitable  conveniences  or  receptacles  for  receiving  111!' $a  pernut' 
garbage  and  other  refuse  matter.    No  tenement  or  lodging  Garha«e  boxes* 
house,  nor  any   portion  thereof,  shall  be  used  as  a  place  of 
storage  for  any  combustible  article,  or  any. article  dangerous  to  Vl.ticies  not  ,„ 
life  or  detrimental  to  health  ;  nor  shall  any  horse,  cow.  calf,  tSJSS^s'ecc 
swine,  pig,  sheep,  or  goat  be  kept  in  said  house. 

£  057.  Every  tenement  or  lodging  house,  and  every  part  w.  so. 
thereof,  shall  be  kept  clean  and  free  from  any  accumulation  of  J.^ker,t 
dirt,  filth,  garbarge,  or  other  matter  in  or  on  the  same,  or  in  the 
yard,  court,  passage,  area,  or  alley  connected  with  or  belonging 
to  the  same.  The  owner  or  keeper  of  any  lodging  house,  and 
the  owner  or  lessee  of  any  tenement-house  or  part  thereof, 
shall  thoroughly  cleanse  all  the  rooms,  passages,  stairs,  floors, 
windows,  doors,  walls,  ceilings,  privies,  cesspools,  and  drains 
thereof  of  the  house  or  part  of  the  house  of  which  he  is  the 
owner  or  lessee,  to  the  satisfaction  of  the  board  of  health,  so 
often  as  shall  be  required  by  or  in  accordance  with  any  regula- 
tion or  ordinance  of  said  board,  and  shall,  well  and  sufficiently, 
to  the  satisfaction  of  the  said  board,  whitewash  the  walls  and 
ceilings  thereof  twice  at  least  in  every  year,  and  in  the  months 
of  April  and  October,  unless  the  said  board  shall  otherwise 
direct.  Every  tenement  or  lodging  house  shall  have  legibly 
posted  or  painted  on  the  wall  or  door  in  the  entry  or  some  public  owners'  and 
accessible  place,  the  name  and  address  of  the  owner  o'r  owners.  5£tea!name6 


254 


HEALTH  PROVISIONS  As  TO  TENEMENT  HOUSES. 


I  J.  §10. 
Officers  of 
board  of  health 
to  have  access1 
to  houses. 


Sick  |M?r.sons  t< 
he  reported. 


t-wr.ch.  !»8.sn. 

Comp.  478. 


Buildings  in- 
fected or  out  of 
repair. 


Id.  $12. 

Houses  hereaf- 
ter erected  or 
converted  to 
comply  with 
additional 
requirements. 


and  of  the  agent  or  agents,  of  any  one  having  charge  of  the 
renting  and  collecting  of  the  rents  for  the  same;  and  service  of 
any  papers  required  hy  this  title,  or  by  any  proceedings  to  en- 
force any  of  its  provisions,  or  of  the  acts  relating  to  the  hoard 
of  health,  shall  he  sufficient  if  made  upon  the  person  or  persons 
so  designated  as  owner  or  owners,  agent  or  agents. 

§658.  The  keeper  of  any  lodging-house,  and  the  owner, 
agent  of  the  owner,  lessee,  and  occupant  of  any  tenement -house, 
and  every  other  person  having  the  care  and  management  thereof, 
shall,  at  all  times,  when  required  hy  any  officer  of  the  hoard  of 
health,  or  hy  any  officer  upon  whom  any  duty  or  authority  is 
conferred  hy  this  title,  give  him  free  access  to  such  house  and 
to  every  part  thereof.  The  owner  or  keeper  of  any  lodging- 
house,  and  the  owner,  agent  of  the  owner,  and  the  lessee  of  any 
tenement-house,  or  part  thereof  shall,  whenever  any  person  in 
such  house  is  sick  of  fever,  or  of  any  infectious,  pestilential,  or 
contagious  disease,  and  such  sickness  is  known  to  such  owner, 
keeper,  agent,  or  lessee,  give  immediate  notice  thereof  to  the 
hoard  of  health,  or  to  some  officer  of  the  same,  and  thereupon 
said  hoard  shall  cause  the  same  to  he  inspected,  and  may,  if 
found  necessary,  cause  the  same  to.  he  immediately  cleansed  or 
disinfected  at  the  expense  of  the  owner,  in  such  manner  as  they 
may  deem  necessary  and  effectual;  and  they  may  also  cause  the 
blankets,  bedding,  and  bed-clothes  used  by  any  such  sick  person 
to  be  thoroughly  cleansed,  scoured,  and  fumigated,  or  in  ex- 
treme cases,  to  be  destroyed. 

G5D.  Whenever  it  shall  be  certified  to  the  board  of  health 
by  the  sanitary  superintendent, that  any  building  or  part  thereof, 
is  unfit  for  human  habitation,  by  reason  of  its  being  so  in- 
fected with  disease  as  to  be  likely  to  cause  sickness  among  the 
occupants,  or  by  reason  of  its  want  of  repair  has  become  dan- 
gerous to  life,  said  board  may  issue  an  order,  and  cause  the 
same  to  be  affixed  conspicuously  on  the  building  or  part  there- 
of, and  to  be  personally  served  upon  the  owner,  agent  or  lessee, 
if  the  same  can  be  found  in  this  State,  requiring  all  persons 
therein  to  vacate  such  building  for  the  reasons  to  be  stated 
therein  as  aforesaid.  Such  building,  or  part  thereof  shall, 
within  ten  days  thereafter,  be  vacated;  or  within  such  shorter 
time,  not  less  than  twenty-four  hours,  as  in  said  notice  may  be 
specified;  but  said  board,  if  it  shall  become  satisfied  that  the 
danger  from  said  house,  or  part  thereof,  has  ceased  to  exist,  may 
revoke  said  order,  and  it  shall  thenceforward  become  inopera- 
tive. 

§  660.  Xo  house  erected  after  May  fourteenth,  eighteen  hun- 
dred and  sixty-seven  shall  be  used  as  a  tenement-house  or  lodg- 
ing-house, and  no  house  heretofore  erected  and  not  now  used 


HEALTH  PROVISIONS  AS  To  TKNT.MKNT  IIOUSKS.  255 

for  such  purpose,  shall  ho  converted  into,  used,  or  leased  for  a 
tenement  or  Lodging  house,  unless,  in  addition  to  the  require- 
ments hereinbefore  contained,  it  conforms  to  requirements  con 
taiued  in  the  following  sections  of  this  title  : 

§  661.  It  shall  not  he  lawful  hereafter  to  erect  for,  Or  convert  S'^Snded 
to,  the  purposes  of  a  tenement  or  lodging  house,  a  building  on  JSJiSiJi 
any  lot  where  there  is  another  building  on  the  same  lot*,  unless  j55tJJJUna!" 0,1 
there  is  a  clear  open  space  exclusively  belonging  thereto,  and  ex- 
tending upwards  from  the  ground,  of  at  least  ten  feet  between 
said  buildings,  if  they  are  one  story  high  above  the  level  of  the 
ground  ;  if  they  are  two  stories  high,  the  distance  between 
them  shall  not  be  less  than  fifteen  feet ;  if  they  are  three  stories 
high,  the  distance  between  them  shall  not  be  less  than  twenty 
feet ;  and  if  they  arc  more  than  three  stories  high,  the  distance 
between  them  shall  not  be  less  than  twenty-five  feet.  At  the 
rear  of  every  building  hereafter  erected  for  or  converted  to  the 
purpose  of  a  tenement  or  lodging  house  on  any  lot,  there  shall 
be  a  clear,  open  space  of  not  less  than  ten  feet  between  it  and 
the  rear  line  of  the  lot.  But  when  thorough  ventilation  of  such 
open  space  can  be  otherwise  secured,  such  distances  may  be 
lessened  or  modified  in  special  cases  by  a  permit  from  the  board 
of  health.  No  one  continuous  building  shall  be  built  or  con-  Stb/biuMtag 
verted  to  the  purposes  of  a  tenement  or  lodging  house  upon  an 
ordinary  city  lot,  to  occupy  more  than  sixty-five  per  centum  of 
the  said  lot,  and  in  the  same  proportion  if  the  lot  be  greater  or 
less  in  size  than  twenty-five  feet  by  one  hundred  feet ;  but  this 
provision  shall  not  apply  to  corner  lots,  and  may  be  modified  in 
other  special  cases  by  a  permit  from  the  board  of  health. 

£  G62.  In  every  such  house  hereafter  erected  or  converted  ifamendea111' 
every  habitable  room,  except  rooms  in  the  attic,  shall  be  in  every  o^a^m*' 
part  not  less  than  eight  feet  in  height  from  the  floor  to  the  ceil-  J£j$j£ot 
ing  ;  and  every  habitable  room  in  the  attic  of  any  such  building 
shall  be  at  least  eight  feet  in  height  from  the  floor  to  the  ceiling, 
throughout  not  less  than  one-half  the  area  of  such  room.    Eveiy  windows, 
such  room  shall  have  at  least  one  window  connecting  with  the 
external  air,  or  over  the  door  a  ventilator  of  perfect  construc- 
tion, connecting  it  with  a  room  or  hall  which  has  a  connection 
with  the  external  air,  and  so  arranged  as  to  produce  a  cross-cur- 
rent of  air.    The  total  area  of  window  or  windows  in  everv  room  ?»  of 

»  dows. 

communicating  with  the  external  air  shall  be  at  least  one-tenth 

of  the  superficial  area  of  every  such  room  ;  and  the  top  of  one,  at 

least,  of  such'windows  shall  not  be  less  than  seven  feet  six  inches 

above  the  floor,  and  the  upper  half,  at  least,  shall  be  made  so  as  to 

open  the  full  width.   Every  habitable  room  of  a  less  area  than'one  f0''^e  ?j££fai 

hundred  superficial  feet,  if  it  does  not  communicate  directly  with  ven,1,ntIon 

the  external  air,  and  is  without  an  open  fire-place,  shall  be  pro 


IJKALTIl  PROVISIONS  AS  TO  TKNKMKNT  HOU8E8 


Sleeping  looms 


Id.  |1S. 
Chimneys. 


Ashes  and 
rubbish. 

Water 


Cellar  Door 
Balls 


1879,  eh.  501,  P, 
Comp.  481. 


Over-crowding. 


When  tene- 
ment-house to 
have  janitor, 
etc. 


1SB7,  ch.  90S. 
€16,  Comp.  480. 
Punishment  for 
violation. 


vided  with  special  means  of  ventilation,  by  a  separate  air  shaft 
extending  to  the  roof,  or  otherwise,  as.the  board  of  health  may 
prescribe.  Bu£  in  all  houses  erected  or  converted,  after  'June 
sixteenth,  eighteen  hundred  and  seventy  nine,  which  shall  be 
used,  occupied,  leased,  or  rented  for  a  tenement  or  lodging  house, 
every  room  used,  let,  or  occupied  by  any  person  or  persons  for 
sleeping  shall  have  at  least  one  w  indow,  with  a  movable  sash, 
having  an  opening  of  not  less  than  twelve  square  feet,  admitting 
light  and  air  directly  from  the  public  street  or  the  yard  of  the 
said  house,  unless  sufficient  light  and  ventilation  shall  be  other- 
wise provided,  in  a  manner  and  upon  a  plan  approved  by  the 
board  of  health 

§  663.  Every  such  house  erected  after  May  fourteenth,  eigh- 
teen hundred  and  sixty-seven,  or  converted  shall  have  adequate 
chimneys  running  through  every  floor,  with  an  open  tire-place 
or  grate,  or  place  for  a  stove,  properly  connected  with  one  of 
said  chimneys,  for  every  family  and  set  of  apartments.  It  shall 
have  proper  conveniences  and  receptacles  for  ashes  and  rubbish.  It 
shall  have  Croton  or  other  water  furnished  at  one  or  more  places 
in  such  house,  or  in  the  yard  thereof,  so  that  the  same  may  Inade- 
quate and  reasonably  convenient  for  the  use  of  the  occupants 
thereof.  It  shall  have  the  floor  of  the  cellar  properly  cemented, 
so  as  to  be  water-tight.  The  halls  on  each  floor  shall  open  di- 
rectly to  the  external  air,  with  suitable  windows,  and  shall  have 
no  room  or  other  obstruction  at  the  end.  uidess  sufficient  light 
or  ventilation  is  otherwise  provided  for  in  said  halls,  in  a  man- 
ner approved  by  the  board  of  health. 

§  664.  Whenever  it  shall  lie  certified  to  the  board  of  health 
by  the  sanitary  superintendent  that  any  tenement-house  or  room 
therein  is  so  over-crowded  that  there  shall  be  afforded  less  than 
six  hundred  cubic  feet  of  air  to  each  occupant  of  such  building 
or  room,  the  said  board  may,  if  it  deem  the  same  to  be  wise  or 
necessary,  issue  an  order  requiring  the  number  of  occupants  of 
such  building  or  room  to  be  reduced,  so  that  the  inmates  thereof 
shall  notexceed-one  person  to  each  six  hundred  cubic  feet  of  air- 
space in  such  building  or  room.  Such  excess  in  the  number  of 
occupants  shall  be  reduced  to  the  standard  hereby  designated 
within  ten  days  after  the  service  of  an  order  therefor  upon  the 
owner,  lessee,  occupant,  or  agant  of  such  building  or  room. 
Whenever  there  shall  be  more  than  ten  families  living  in  any 
tenement-house,  in  which  the  owner  thereof  does  not  reside, 
there  shall  be  a  janitor,  housekeeper,  or  some  other  responsible 
person,  who  shall  reside  in  the  said  house,  and  have  charge  of 
the  same,  if  the  board  of  health  shall  so  require. 

§  665.  Every  owner  or  other  person  violating  any  provision  of 
this  title  shall  be  guilty  of  a  misdemeanor,  punishable  by  a  fine  of 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars,  or 


HEALTH  PROVISIONS  AS  TO  TKNKMKNT  IlolsKS. 


•j:,7 


by  imprisonment  for  not  more  than  ten  days jf or  each  and  every 
day  that  such  violation  shall  continue,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court.  lie  shallalsobe 
liable  to  nay  a  penalty  of  ten  dollars  for  each  and  every  day  that 

1     '        '  ,  mi  i  if  i    How  recovered. 

such  oifense  shall  continue.    Such  penalty  may  be  sued  for  and  ip.ch.  hm.jo. 

recovered  by  the  hoard  of  health,  and  when  recovered  shall  be  paid  ^luI"  4W! 

over  to  the  citv  chamberlain  and  become  part  of  the  tenement-  Tenement  , 
^  *  .  house  (and. 

house  fund,  directed  by  section  one  hundred  and  ninety-four, 
subdivision  nine,  of  this  act,  to  he  annually  appropriated  to  the 
credit  of  the  health  department  and  to  be  expended  by  the  board 
of  health.  In  every  proceeding  for  a  violation  of  this  title,  and 
in  every  such  action  for  a  penalty,  it  shall  be  the  duty  of  the 
owner  of  the  house  to  prove  the  date  of  its  erection  or  conver- 
sion to  its  existing  use,  if  that  fact  shall  become  material,  and  the 
owner  shall  be  prima  facie  the  person  liable  to  pay  such  penalty, 
and  after  him  the  person  who  is  the  lessee  of  the  whole  house,  owners,  lessees 

1  and  occupant 

in  preference  to  tin1  tenant  or  lessee  of  a  part  thereof.    In  any  w  be  defend- 
such  action  the  owner,  lessee,  and  occupant,  or  any  two  of  them, 
may  be  made  defendants,  and  judgment  may  be  given  against 
the  one  or  more  shown  to  be  liable,  as  if  he  or  they  were  sole 
defendant  or  defendants. 

<J  GOG.  A  tenement-house  w  ithin  the  meaning  of  this  title  ffitjh.m, 

°  .  ,.  I«i  Comp.  •k*1 

shall  be  taken  to  mean  and  include  every  house,  bunding,  or  por-  Definition  of 

tion  thereof  which  is  rented,  leased,  let,  or  hired  out  to  be  occu-  we16" 

pied,  ov  is  occupied  as  the  home  or  residence  of  more  than  three 

families,  living  independently  of  another,  and  doing  their  cook- 

fhg  upon  the  premises,  or  by  more  than  two  families  upon  a 

floor,  so  living  and  cooking,  but  having  a  common  right  in  the 

halls,  stairways,  yards,  water-closets  or  privies,  or  some  of  them. 

\.  lodging-house  shall  betaken  to  mean  and  include  any  house  Definition  of 

»         .  _  -li        t  lodging-house, 

or  building,  or  portion  thereof,  in  which  persons  are  harbored  or 

received,  or  lodged  for  hire  for  a  single  night,  or  for  less  than  a 

week  at  one  time,  or  any  part  of  which  is  let  for  any  person  to 

sleep  in  for  any  term  less  than  a  week.    A  cellar  shall  be  taken  Definition  of 

cellar 

to  mean  and  include  every  basement  or  lower  story  of  any  build- 
ing or  house  of  which  one-half  or  more  of  the  height  from  the 
floor  to  the  ceiling  is  below  the  level  of  the  street  adjoining. 

;j  GG7.  The  board  of  health  shall  have  authority  to  make  w.  §i& 
other  regulations  as  to  cellars  and  as  to  ventilation,  consistent  maj-rmakeealth 
with  the  foregoing,  where  it  shall  be  satisfied  that  such  regula-  nonl refrula" 
tions  will  secure  equally  well  the  health  of  the  occupants. 


POWERS  OF  DEPARTMENT  OF  PARKS. 


CHAPTEB  Xlll. 
Department  of  Public  Parks. 


l«T3,cl«.  i>a. 
iih  amended 

lKT3.cli.757,j|13, 
Comp.  491. 
1871.  ch.aOO,  $6, 
Coinp.  507. 
1K7C,  ch.  447,  |2, 
Comp.  509. 
Department  of 

parks. 


1871,  cb.  ^"jo,  $7. 
( 'onip.  507. 
Control  of  part 
of  Baiter; 

place 


May  erect 
buildings, 
docks,  and 
basins  thereon. 


Utiles  for  con- 
trol of  small 
boats  at 
Batten". 


1*74.  ch.  604.  $1. 
Comp.  1027. 
Towers  of  de- 
partment of 
parks  to  lay 
out.  survey  and 
monument 
streets,  roads 
and  avenues. 


g  668.  The  department1  of  public  parks  shall  control  and  man- 
age all  public  parks  and  streets  immediately  adjoining  the  same, 
including  the  whole  of  the  land  embraced  within  the  boundaries  of 
Riverside  avenue,  and  all  public  places  which  are  the  realty  of 
the  city  of  New  York,  except  the  buildings  in  the  City  Hall 
park,  and  save  as  in  this  act  otherwise  provided,  and  shall  have 
charge  of  the  laying  out  and  preparing  maps  and  plans  of  all 
streets,  avenues,  and  drives  above  Fifty-ninth  street,  except  as 
in  this  act  otherwise  expressly  provided. 

?  *'»•)!>.  The  department  of  public  parks  is  vested  with  exclu- 
sive powor  and  control  over  all  that  portion  of  Battery  place 
lying  south  of  the  line'  of  the  south  side  of  pier  number  one, 
North  river,  and  west  of  the  easterly  line  of  West  street,  ex» 
tended  in  a  southerly  direction,  and  also  over  the  waters  of  the 
North  river  and  soil  under  the  waters  thereof,  in  front  of  said 
portion  of  Battery  place,  and  to  the  extent  of  two  hundred  feet 
westerly  from  the  westerly  end  of  said  Battery  place ;  and  it 
shall  be  lawful  for  such  department  to  erect,  construct,  and 
maintain  on  said  part  of  Battery  place,  and  over  or  on  the  lands 
under  water  before  mentioned,  a  proper  improvement,  to  con- 
sist of  suitable  buildings,  docks,  piers,  or  basins  for  the  accom- 
modation of  small  boats  that  may  be  engaged  in  the  business  of 
attending  on  shipping  lying  in  the  said  river,  or  the  bay  or  har- 
bor of  New  York:  and  also  to  make,  prescribe,  and  enforce, 
from  time  to  time,  such  rules  and  regulations,  for  the  use  and 
enjoyment  of  the  same,  as  to  the  said  department  shall  seem 
meet  and  proper  for  the  public  interests;  said  board  may  also 
prescribe  and  enforce  like  rules  and  ordinances  for  the  control 
and  government  of  all  small  boats  frequenting  or  using  the 
water  basin  at  the  south  end  of  the  said  Battery. 

§  670.  The  department  of  public  parks  shall  have  and  possess 
exclusive  power  to  lay  out,  survey,  and  monument  all  streets, 
roads,  avenues,  public  squares,  and  places  within  that  part  of 
the  city  of  New  York,  north  and  east  of  a  line  commencing  at 
the  termination  of  the  southerly  line  of  One  Hundred  and  fifty- 
fifth  street,  at  or  in  the  Hudson  river,  .running  thence  easterly 
along  said  southerly  line  of  One  Hundred  and  Fifty-fifth  street, 
and  a  prolongation  of  said  line  to  the  middle  of  Harlem  river. 


DEPARTMENT  OF  PARK8. 


If  .V.l 


and  running  thence  southerly,  along  the  puddle  of  tho  said 
Harlem  river,  to  the  sound  north  of  Randall's  Island,  not  in- 
cluding, however,  the  Twenty  third  and  Twenty-fourth  wards, 
of  such  width,  extent,  and  direction,  and  upon  such  grades  as 
to  it  shall  seem  most  conducivo  to  the  public  good  ;  and  to 
change  the  location,  width;  course,  windings  and  grades  of  the 
Streets,  avenues  and  road-,  which  were  on  the  fifth  day  of  June, 
eighteen  hundred  and  sevent  y  four,  laid  out  within  the  said  part 
of  the  city  of  New  York  ;  or  to  discontinue  and  close  the  same 
or  any  portion  thereof,  as  to  tho  said  department,  or  a  majority 
of  it,  shall  seem  most  conducive  to  the  puhlic  interest. 

(171.  The  department  of  puhlic  parks  shall  have  the  exclu-  ^ra3;„en^liH 
sive  power  to  locate  and  lay  out,  construct  and  maintain  all  ^,!;<I'^'  iM1 
public  parks,  streets,  roads  and  avenues  and  to  devise  plans  for  iHpartmont  of 

1  *  ?  '  1  public  parks, 

and  locate  all  hridgvs  and  tunm  Is.  and  to  devise  and  prepare  |ll,'lrWw«™« 

~  41  to  puhlic  parks, 

plans  for  the  proper  sewerage  and  drainage  in  "the  territory  SS^^SSSwd 
embraced  in  the  twenty-third  and  twenty-fourth  wards,  and  t,rril«r>- 

.  ,  .    ,  j          7.         1874,  ch.  004,  $1. 

shall  have  exclusive  control  ot  the  maintenance  and  const  ruction  comp.  1027. 
of  all  public  parks  within  the  territory  embraced  in  the  twenty-' 
third  and  twenty-fourth  wards,  and  the  exclusive  right  to 
construct  and  maintain  all  bridges,  tunnels,  sewers,  streets, 
roads,  and  avenues  so  located  and  laid  out,  and  the  said  depart- 
ment shall  have  exclusive  power  to  establish  the  widths  and 
grades  of  all  such  streets,  roads  and  avenues  so  located  and  laid 
out,  with  authority  to  change  the  location,  width,  course,  wind- 
ings, and  grades  of  the  streets,  avenues,  and  roads  which  were  on 
the  fifth  day  of  June,  eighteen  hundred  and  seventy-four,  laid 
out  within  said  territory,  or  to  discontinue  and  close  the  same, 
or  any  portion  thereof,  as  to  them  shall  seem  most  conducive  to 
the  public  interest.  Such  streets,  roads,  and  avenues  within 
said  territory  as  are  laid  down  and  established  by  the  commis- 
sioners appointed  under  chapter  eight  hundred  and  forty-one  of 
the  laws  of  eighteen  hundred  and  sixty-eight,  on  a  map  of  the 
Bame,  tiled  in  the  office  of  the  register  of  the  county  of  West-. 
Chester,  on  the  twenty-third  day  of  February,  eighteen  hundred 
and  seventy-one,  which  streets  and  avenues,  with  the  grades 
and  lines  tliereof  as  laid  down  on  said  map,  are  hereby  confirmed 
and  established,  except  so  far  as  the  same  have  been  changed  or 
modified  in  pursuance  of  law,  subject,  however,  to  be  altered  by 
the  department  of  public  parks  whenever  it  may  deem  such 
change  required.  The  several  surveys,  maps,  plans,  and  pro- 
files of  streets,  roads,  and  avenues  which  on  the  twenty  third 
day  of  Mayj  eighteen  hundred  and  seventy-three,  had  been 
made,  laid  out,  filed  or  adopted  by  the  commissioners  of  public 
parks  within  the  said  territory,  under  any  law  of  this  State 
authorizing  the  same,  are,  hereby  confirmed  and  established. 


MAI's  AM)  PLANS  PREPARED. 


subject  to  be  altered,  as  herein  provided,  and  except  as  hereto- 
fore changed  or  modified  in  pursuance  of  law.  No  street  or 
avenue,  not  on  said  day  laid  out,  shall  he  constructed  through  or 
upon  the  depot  or  station  grounds  of  any  railroad  or  branch  of 
the  same,  then  operated  by  steam  within  the  said  territory, 
unless  with  the  consent  of  the  railroad  company  owning  the 
same.  In  all  cases  where  proceedings  have  been  commenced 
for  the  opening  of  any  streets,  roads,  or  avenues,  or  for  the 
construction  of  any  street,  road,  avenue,  or  sewer  within  the 
said  territory,  the  same  shall  be  continued  and  completed  under 
the  direction  of  the  said  department  of  public  parks.  All  pro- 
ceedings taken  since  May  twenty-third,  eighteen  hundred  and 
seventy-three,  or  which  are  hereafter  taken  by  virtue  of  this 
section  by  said  department  of  public  parks,  to  layout,  Construct, 
and  maintain  any  public  parks,  to -devise  plans  for  and  locate 
any  bridges  or  tunnels,  or  to  locate  or  lay  out  any  streets,  sewers, 
roads,  or  avenues,  or  for  the  construction  of  any  bridge,  tunnels, 
sewers,  streets,  or  avenues  within  said  territory,  shall  be  taken 
and  prosecuted  by  the  department  of  public  parks,  under  and 
in  pursuance  of  the  provisions  of  the  laws  in  force,  for  the*  con- 
struction of  such  works,  or  which  may  hereafter  be  passed  for 
the  taking  and  .prosecuting  of  proceedings  in  the  city  of  New 
York,  by  the  department  of  public  parks  or  the  commissioner 
of  public  works. 

o»m^^m!9>,  §672.  It  shall  and  may  be  lawful  lor  the  commissioners  of 
night  of  enby.  public  parks,  and  for  all  persons  acting  under  their  authority. 

to  enter  in  the  day  time  into  and  upon  any  lands,  tenements  and 
hereditaments  and  waters  which  they  shall  deem  necessary  to 
be  surveyed,  used,  or  converted  for  the  laying  out,  surveying, 
and  monumenting  of  any  such  streets,  avenues,  roads,  or  public 
squares  or  places,  as  are  named  in  the  two  preceding  sections; 
S£S8t*be  anc*  *ne  said  commissioners  shall  cause  three  similar  maps  or 
plans  and  profiles  of  the  streets,  avenues,  roads,  or  public 
squares  or  places  so  to  be  laid  out  by  tnem  as  aforesaid,  and  of 
the  shores  bounding  the  lands  by  them  surveyed,  to  be  made, 
showing  the  width,  course,  windings  and  grades  of  such  streets, 
avenues,  roads,  and  public  squares  and  places,  accompanied  with 
such  field  notes  and  explanatory  remarks  as  the  nature  of  the 
subject  may  require,  which  maps,  plans,  and  profiles,  together 
with  such  notes  and  remarks,  shall  be  certified  to  by  the  presi- 
dent of  the  department  of  public  parks,  or  by  one  of  the  officers 
or  commissioners  of  said  board  designated  by  said  board  for 
that  purpose,  before  any  person  authorized  by  law  to  take  ac- 
knowledgement of  deeds  and  conveyances,  and  be  filed,  one  in 
the  office  of  the  secretary  of  State,  to  remain  of  record,  one  in. 
tbe  office  of  the  register  of  the  city  and  county  of  New  York,  and 


BY  THE  DEPARTMENT  «'i  PARKS. 


the  other  of  said  maps  in  the  office  of  the  said  department  of 
public  parks.  The  said  department  shall  not  be  required  to  com- 
plete the  laying  out  of  all  the  streets,  avenues,  and  roads,  public 
squares  and  places  to  be  laid  out  pursuant  to  said  sections,  before 
tiling  maps  and  plans  for  any  portion  thereof,  but  whenever 
they  shall  deem  the  public  interest  so  requires,  they  may  file  in 
the  offices  hereinbefore  designated,  maps,  plans,  or  profiles,  cer- 
tified to,  as  hereinbefore  provided,  of  such  streets,  avenues,  roads, 
public  squares,  and  places  as  they  may  then  have  laid  out,  or  any 
one  of  such  streets,  avenues,  or  roads,  public  squares,  or  places; 
accompanied  by  such  field  notes  and  explanatory  remarks  as 
hereinbefore  provided,  but  such  streets,  avenues,  and  roads,  pub- 
lic squares  and  places,  or  so  much  of  such  portions  thereof  as  the 
said  commissioners  or  a  majority  of  them  shall  deem  proper, 
shall  be  again  exhibited  upon,  or  in  connection  with  the  maps, 
plans  or  surveys  filed  upon  the  completion  of  the  whole  work. 
The  said  commissioners  shall  erect  suitable  and  durable  monu- 
ments wherever  they,  or  a  majority  of  them,  shall  deem 
it  necessary  to  define  and  designate  said  streets,  avenues, 
roads,  public  squares  and  places,  the  location  of  such  monu- 
ments to  be  noted  upon  the  maps  or  plans  and  profiles  filed  by 
them. 

£  673.  On  the  maps  or  plans  prepared  and  filed  in  accordance  ^in'omi^i' 
with  ^he  provisions  of  the  three  preceding  sections,  the  said  ciwn^osa' 
department  of  public  parks  shall  designate  each  street,  avenue, 
or  road,  as  belonging  to  one  of  three  classes.    A  street,  avenue, 
or  road,  of  the  first  class  shall  be  such  as  in  the  judgment  of  the 
commissioners,  is  or  may  be  needed  for  the  convenience  of  the 
general  public,  either  as  a  main  route  of  travel,  or  for  drainage. 
The  streets  of  this  class  may  be  opened  by  the  board  or  depart- 
ment of  the  city  government  having  control  of  such  opening, 
whenever  in  their  opinion  the  interest  of  the  public  demands 
such  opening  or  grading.    A  street,  avenue,  or  road  of  the  sec- 
ond class  shall  be  such  as  in  the  judgment  of  said  commissioners 
is  or  may  be  needed  for  the  use  or  convenience  of  the  inhabitants 
of  certain  areas  or  districts,  as  thoroughfares,  but  which  are  not 
main  routes  of  travel.   Streets  of  this  class  shall  be  opened  only 
on  the  petition  of  the  owners  of  at  least  one-third  of  the  linear 
feet  of  frontage  on  such  streets,  and  the  streets  intersecting  the 
same  for  five  hundred  feet  in  each  direction  from  such  intersec- 
tion.   A  street,  avenue,  or  road  of  the  third  class  shall  be  such 
as  in  the  judgment  of  the  said  commissioners  is  or  may  be  needed 
only  for  the  subdivision  of  the  property  through  which  it  passes. 
Streets  of  this  class  shall  be  opened  or  graded  only  on  the  peti-  • 
tion  of  the  owners  of  at  least  three  fourths  of  the  linear  feet  of 
frontage  on  such  streets. 


IMPROVEMENT  OE   HARLEM   RIVER,  ETC 


Om^mt.'^'       i^-1-  The  maps,  plans,  and  profiles  of  the  -aid  department 

Maps  etc.,  flnai  of  public  parks,  made  and  certified  to  as  in  the  preceding  see- 
as  to  location.       *         *_  ,  *_      ,     _    ,  .  1  ° 
width  ami        lions  provided,  shall  be  hnal  and  conclusive  as  to  the  location, 
grades  of            .  _  ,  ' 
streets. hc      width,  and  grades  ol  the  streets,  avenues,  and  roads,  public 

squares,  and  places  exhibited  on  such  maps,  plans,  and  profiles, 
as  well  in  respect  to  the  mayor,  aldermen  and  commonalty  of 
the  city  of  New  York,  as  in  respect  to  the  owners  and  occupants 
of  lands,  tenements,  and  hereditaments  w  ithin  the  boundaries 
aforesaid,  or  affected  by  said  streets,  avenues,  roads,  public 
squares,  and  places,  and  in  respect  to  all  other  persons  whom- 
soever. 

coWo»: "  §  675-  u  sha11  be  the  duty  of  tho  department  of  public  parks 
improvement    to  devise  and  prepare  plans  for  the  improvement  of  the  naviga- 

of  river  and  .  1  0 

creek.  tion  of  Harlem  river  and  Spuyten  Duyvil  creek,  the  plan  and 

location  of  all  bridges,  tunnels,  and  other  means  of  transit  across 
or  under  said  river  and  creek  ;  and  plans,  locations,  and  grades, 
so  far  as  the  said  board  may  deem  practicable,  of  all  railroads 
and  similar  modes  <>f  communication  and  transportation  to  be 
operated  by  steam  or  other  power  that  may  hereafter  be  author- 
ized by  law  to  be  constructed  within,  through  or  in  connection 
andpierVin^'    w'tn  said  area,  ana"  plans  and  location  of  new  pier  and  bulkhead 
riv'r andmoth.  r  tines  and  the  grades  thereof  on  both  sides  of  the  Harlem  river, 
tidewaters.      from  the  line  of  the  Third  avenue  to  the  East  river  or  Long  Is- 
land sound,  and  plans  and  location  of  pier  and  bulkhead  lines 
and  the  grades  thereof  in  and  along  all  other  title  waters  bound- 
ing and  adjacent  to  the  Twenty-third  and  Twenty-fourth  Wards 
or  north  of  Spuyten  Duyvil  creek.    Whenever  the  said  board 
shall  deem  it  proper  so  to  do,  they  may  file  maps,  plans  and 
profiles  in  the  manner  provided  in  the  last  section  but  two,  for 
the  improvement  of  Harlem  river  and  Spuyten  Duyvil  creek, 
and  plans  and  locations  for  all  bridges,  tunnels  and  other  means 
of  transit  across  or  under  said  river  or  creek,  and  the  plans 
grades  and  location,  so  far  as  the  said  board  may  deem  practic- 
able, of  all  railroads  and  similar  modes  of  communication  and 
transportation  to  be  operated  by  steam  or  other  power,  which 
they  have  determined  to  lay  out,  establish,  alter,  discontinue, 
abandon,  close  or  retain  within  any  particular  section  of  the  dis- 
trict or  area  hereinbefore  described,  and  the  grades  therefor  ;and 
from  and  after  the  filing  of  said  maps,  plans,  profiles  and  grades 
as  aforesaid,  the  poAvers«of  the  said  department  to  lay  out,  es- 
tablish, alter,  discontinue,  abandon,  close  or  retain  any  im- 
provement of  Harlem  river  or  Spuyten  Duyvil  creek,  or  bridge, 
tunnel,  or  other  means  of  transit  across  or  under  said  river,  or 
creek,  or  railroads  and  similar  modes  of  communication  and 
transportation  to  be  operated  by  steam  or  other  power,  or  grades 
within  such  section  of  said  district  or  area,  shall  absolutely  cease 


IMPROVEMENT  OF  HARLEM  tUVER,  Kit 


and  determine  ;  but  Bucb  improvement  of  Harlem  river  and  ,siti;;i;,,1;,;i: ; 
Spuyten  Duyvil  crook,  location  of  bridges  and  tunnels  and  other  [|Jgft*8)E£5i„ 
moans  of  transit  across  or  under  said  river  and  creek,  and  rail-  ^'.'"J?'1"""" 
roads  and  similar  modes  of  coinmunication  and  transportation 
to  bo  operated  by  steam  or  other  power,  and  grades,  shall  ho 
again  exhibited  on  the  maps,  plans,- or  surveys  filed  upon  the 
completion  of  the  whole  work.    I'pon  the  tiling  of  any  plans  the 
same  shall  be  final  and  conclusive,  and  all  such  plans,  grades, 
and  location  of  railroads  and  similar  modes  of  coinmunication 
and  transportation,  and  plans  and  locations  of  pier  and  hulk- 
'head  lines  and  the  grades  thereof,  as  aforesaid,  as  shall  be 
therein  or  thereby  shown,  laid  out,  retained,  or  established,  shall 
thereupon  and  thenceforth  be  retained  or  established  accord- 
ingly ;  and  such  bridges,  tunnels,  and  other  means  of  transit  Brjdgm.tun 
across  or  under  Harlem  river  and  Spuyten  Duyvil  creek  as  shall  pftransn 

1     J  J  locate! 

be  therein  and  thereby  planned  and  located,  shall  thereupon  and 
thenceforth  he  planned  and  located  accordingly. 

§  t'.Tt'..  Said  department  shall  havo  full  power  and  authority  i8n, ch. s», gs. 
to  build  and  construct,  by  contract  or  otherwise,  as  they  shall  |e,«Smp.  i'om. 
deem  most  expedient,  any  and  all  bridges,  tunnels  and  other 
means  of  transit  across  or  under  Harlem  river  or  Spuyten  Duy- 
vil creek,  which  may  be  planned  or  located  as  aforesaid,  and 
may  forthwith  commence  the  building  or  construction  of  a  sus- 
pension bridge -north  of  the  bridge  known  as  the  "  High  bridge," 
but  not  more  than  half  a  mile  therefrom:  and  also  the  bridge  or 
tunnel  that  may  he  planned  or  located  near  or  at  the  northerly 
end  of  the  Seventh  avenue  in  the  city  of  New  York,  and  next 
thereafter  the  bridge  or  tunnel  that  may  be  planned  or  located 
at  or  near  the  northerly  end  of  the  Fifth  avenue  in  the  city  of 
Newr  York;  provided,  however  j  that  not  more  than  two  of  such 
bridges,  or  one  bridge  and  one  tunnel,  or  other  means  of  transit 
shall  be  in  the  course  or  process  of  being  built  or  constructed  at 
the  same  time,  and  to  build  and  construct,  by  contract  or  other- 
wise, any  and  all  such  improvements  of  the  navigation  of  Har- 
lem river  and  Spuyten  Duyvil  creek,  which  ma)"  be  planned  or 
located  as  aforesaid.    The  direction  of  the  buidges,  constructed  ]8T6,ch.i4r.sio 
over  said  river  or  creek,  shall  be  at  right  angles  to  the  courses  St^c^wb  is 
of  the  improved  channel,  the  height  of  the  bridges  in  the  clear.  ComP/im 
at  the  draws,  shall  be  not  less  than  twenty-four  feet  above  the 
high  water  of  spring  tides,  and  the  number  ami  size  of  the 
bridge  piers  within  the  improved  channel  shall  first  be  approved 
by  the  engineer  of  the  United  States  in  charge/  No  tunnel 
shall  be  constructed  under  said  river  or  creek  which  will  not 
permit  of  the  excavation  of  a  channel  above  it  of  at  least  twenty 
feet  in  depth  at  mean  low  water.    Thei'e  shall  be  constructed  in  Drjlw< 
every  bridge,  except  in  suspension  bridges,  hereafter  built  over 


OPENING  STREETS  IN  23D  AND  24TH  WARDS. 


Department  of 
parks,  to  man- 
age work  on 
bridges,  tun- 
nels, etc. 


1874,  ch.  «M.  J4 
Comp.  1029. 
The  depart- 
ment of  parks 
may  acquire 
title. 


Assessment  for 
benefits. 


Proceedings 
therefor. 


sakl  river  or  creek,  two  draws  contiguous  to  each  other,  and  the 
length  on  the  bridge  occupied  by  the  draw  spans  and  the  centre 
pier  separating  them  shall  he  at  least  two  hundred  and  forty 
feet.  The  said  department  shall  maintain  and  keep  in  order 
and  repair  all  bridges  now  existing  across  said  Harlem  river  so 
far  as  said  department  shall  consider  advisable.  The  said  de 
partment  of  public  parks  shall  have  full  and  exclusive  power  to 
lay  out,  regulate,  govern,  manage,  and  direct  all  the  work, 
buildings,  and  constructions  which  they  are  in  this  section  em- 
powered and  authorized  to  huild  and  const rurt  ;  and  to  pass  or- 
dinances for  the  regulation,  control,  and  government  thereof, 
and  of  the  various  works  and  constructions  of  the  kind,  nature, 
and  character  herein  referred  to,  and  upon  or  adjacent  to  said 
Harlem  river  and  Spuyten  Duyvil  creek,  and  imposing  and  en- 
forcing proper  penalties  for  the  violation  of  such  ordinances,  and 
defining  methods  for  the  enforcement  and  collection  thereof,  and 
for  punishing  any  person  or  corporation  violating  or  offending 
against  the  same. 

§  677.  The  department  of  public  parks,  for  and  in  behalf  of 
the  mayor,  aldermen  and  commonalty  of  the  city  of  New  York, 
is  authorized  to  acquire  title  for  the  use  of  the  public,  to  all  or 
any  of  the  lands  required  for  the  streets,  avenues  and  roads, 
public  squares  and  places  laid  out  by  them,  in  the  twenty-third 
and  twenty-fourth  wards  of  the  said  city  of  New  York  or  any 
portion  of  said  streets,  avenues,  roads,  public  squares  and  places 
in  the  said  twenty-third  and  twenty  fourth  wards  of  said  city, 
whenever  they  shall  deem  it  for  the  public  interest  so  to  do  ;  and 
such  department  may  for  that  purpose  make  application  to  the 
supreme  court  in  the  first  judicial  district  for  the  appointment 
of  commissioners  of  estimate  and  assessment,  specifying  in  such 
application  the  lands  required  for  that  purpose,  and  the  proceed- 
ings to  acquire  title  to  such  lands  shall  be  had  pursuant  to  such 
acts  as  shall  then  be  in  force  relative  to  the  opening  of  streets, 
avenues,  roads  and  public  squares  and  places  in  the  city  of  New 
York,  which  said  acts,  so  far  as  the  same  are  not  inconsistent 
with  the  provisions  of  this  chapter  are  hereby  made  applicable 
to  the  streets,  avenues,  roads,  public  squares  and  places  so  laid 
out  or  to  be  laid  out  by  said  department  of  public  parks,  in  the 
same  manner  and  to  the  same  extent  as  if  the  said  streets,  ave- 
nues, roads,  public  squares  and  places  had  been  originally  laid 
down  as  and  for  public  streets,  roads,  avenues,  squares  and 
places  by  the  commmissioners  appointed  in  and  by  the  act  en- 
titled "  An  act  relative  to  improvements  touching  the  laying  out 
of  streets  and  roads  in  the  city  of  New  York,  and  for  other  pur- 
poses," passed  April  third,  one  thousand  eight  hundred  and 
seven,  except  that  the  said  commissioners  of  estimate  and 


OPENING  STREETS  IN  28D  AND  MTB  WARDS.  265 

assessment  who  may  be  appointed  as  herein  provided,  may 
assess  for  such  opening  all  such  parties  and  persons,  lands  and 
tenements,  as  they  may  deem  to  be  benefited  by  such  improve- 
ment, to  the  extent  which  said  commissioners  of  estimate  and 
assessment  deem  such  parties,  persons,  lands  and  tenements 
benefited  thereby,  provided  that  as  to  streets,  avenues  or  FOads 
which  shall  be,  in  the  opinion  of  said  the  eonnnissioners  of  esti- 
mate and  assessment,  or  a  ma  jority  of  them,  more  than  one  mile 
in  length,  not  more  than  one  half  of  the  amount  awarded  for  dam- 
ages, and  of  the  expenses  attending  such  opening,  shall  be  so 
assessed:  the  amount  of  such  damages  and  expenses  not  so  as- 
sessed being  hereby  made  a  charge  upon  the  city  of  New  York, 
to  be  paid  as  hereinafter  provided.  The  moneys  collected  upon 
the  assessment  of  the  commissioners  of  estimate  and  assessment 
shall  be  paid  into  the  city  treasury.  No  compensation  shall  be  comi^aii ..n 
allowed  for  any  buildings,  erection  or  construction  which  at  any  etc. '"" 
time  subsequent  to  the  filing  of  the  maps,  plans  or  profiles  men- 
tioned in  section  six  hundred  and  seventy  two  of  this  act,  may 
be  built,  erected  or  placed  in  part  or  in  whole  upon  or  through 
any  street,  avenue,  road,  public  square  or  place  exhibited  upon 
such  maps,  plans  or  profiles.  The  damages  awarded  by  com-  SS2S|^wi,en 
missioners  of  estimate  and  assessment,  appointed  pursuant  to 
the  provisions  of  this  act.  shall  become  due  and  payable  imme- 
diately upon  the  confirmation  of  the  report  of  said  commission- 
ers of  estimate  and  assessment. 

§  GTS.  The  department  of  public  parks  for  and  in  behalf  of  coinphio-r».§k'' 
the  mayor,  aldermen  and  commonalty  of  the  city  of  New  York  T-l1M?',i!n(!r,in 
is  authorized  to  acquire  title  for  the  use  of  the  public  to  ap-  acquired, 
proaches  to  bridges  and  tunnels,  sites  or  lands  above  or  under 
water  for  bridges -and  tunnels,  and  sites  or  lands  above  or  under 
water  for  all  improvements  of  the  navigation  of  Harlem  river 
and  Spuyten  Duyvill  creek  that  may  be  laid  out  or  retained  by 
them  under  section  six  hundred  and  seventy-five,  whenever  they 
shall  deem  it  to  the  public  interest  so  to  do,  and  such  department 
shall  for  that  purpose  make  application  to  the  supreme  court  in 
the  first  judicial  district  for  the  appointment  of  commissioners 
of  estimate  and  assessment,  specifying  in  such  application  lands 
required  for  that  purpose;  and  such  proceedings  to  acquire  titles 
to  such  lands  shall  be  had  pursuant  to  such  acts  as  shall  then  be  . 
in  force  relative  to  the  opening  of  public  squares  and  places, 
streets,  avenues  and  roads  in  the  city  of  New  York,  except  that 
in  such  proceedings  the  department  of  public  parks  shall  act  in 
lieu  and  in  place  of  the  major,  aldermen  and  commonalty  of  the 
city  of  New  York,  except  also  that  the  commissioners  of  esti- 
mate and  assessment  who  may  be  appointed  as  herein  provided 
may  assess  for  such  openings  and  land  laid  out  and  retained  all 


- 


260 


MAP  OF  AND  21TII  WARDS. 


Streets  ami 
avenues,  lands 
for  brld&r8sttitc. , 
to  remain 
iu  control  of 

department  of 

|jnrk.s 


1873,  ch.013,  J17, 
I'omp.  59!?. 

Mapping  of  88d 
ami  vMt  li  wards. 


How  and  by 
whom  to  bo 
made. 


Entrances  to  be 
completed. 
1881.  eh.  324,  81. 


SUCh  parties  and  persons,  lands  and  tenements  as  they  may 
deem  to  be  benefited  by  such  improvements  to  the  extent  which 
such  commissioners  deem  such  persons,  parties,  lands  and  tone* 
ments  benefited  thereby;  and  it  shall  be  the  duty  of  the  counsel 
to  the  corporation  of  (he  city  of  New  York  to  perform  all  the 
legal  services  required  of  him  in  the  proceedings  authorized  by 
this  act  without  any  additional  compensation  beyond  the  salary 
and  allowances  now  provided  by  law:  and  the  said  streets,  ave- 
nues or  roads,  approaches  to  bridges  and  tunnels,  sites  or  lands 
above  or  under  water  for  bridges  and  tunnels,  and  sites  or  lands 
above  or  under  water  for  all  improvements  of  navigation  of 
Harlem  river  and  Spuyten  Duyvill  creek,  as  shall  be  laid  out  or 
retained  by  the  department  of  public  parks,  as  aforesaid,  shall 
immediately  after  the  same  are  laid  out  and  opened  be  and  re- 
main under  the  control  and  management  of  the  department  of 
public  parks,  as  to  the  regulating,  grading  and  proper  con- 
structing and  maintaining  the  same  and  all  the  works  pertaining 
thereto. 

G79.  It  shall  be  the  duty  of  the  department  of  public  parks 
to  cause  to  be  made  maps  of  the  territory  constituting  the 
Twenty-third  and  Twenty-fourth  wards,  for  the  use  of  the  de- 
partment of  taxes  and  assessments.  Such  maps  shall  show  all 
street,  road,  and  property  lines,  and  the  divisions  of  all  lots  and 
separate  properties,  and  the  dimensions  of  the  same.  The  said 
maps  shall  be  of  such  scale,  form  and  dimensions,  and  bound  in 
volumes  of  such  size  as  may  be  directed  by  the  commissioners 
of  taxes  and  assessments.  The  said  lots  and  separate  properties 
shall  bo  designated  on  said  maps  by  numbers,  as  maybe  directed 
by  the  commissioners  of  taxes  and  assessments.  The  depart- 
ment of  public  parks  shall  cause  such  maps  arfd  surveys  as  may 
be  found  necessary  for  their  completion,  to  be  made  by  compe- 
tent surveyors  and  draughtsmen  in  the  office  and  under  the 
direction  of  the  civil  and  topographical  engineer  in  charge  of 
surveying,  laying  out,  and  monumenting  the  Twenty-third  and 
Twenty-fourth  wards,  and  so  far  as  practicable  from  the  maps 
of  topographical  surveys  of  the  town  of  Morrisania,  made  under 
the  direction  of  the  commissioners  appointed  under  chapter 
eight  hundred  and  forty-one  of  the  laws  of  eighteen  hundred 
•  and  sixty-eight,  and  the  topographical  maps  of  the  towns  of 
West  Farms  and  Kingsbridge,  made  under  the  direction  of  the 
commissioners  of  the  Central  park  and  the  commissioners  of  the 
department  of  public  parks,  which  said  maps  are  now  in  the 
possession  of  said  department  of  public  parks. 

§  680.  The  board  of  commissioners  of  the  department  of  pub- 
lic parks  is  hereby  authorized  to  complete  the  entrances  on  the 
Eighth  avenue,  at  Seventy-seventh  and  Eighty-first  streets,  to 


DUTIES  <>K  DKl'.M:  I'MI'.NT  OK  I'AKKS. 


the  westerly  drive,  and  on  the  avenue  l>ct  ween  said  nvts  i<>  tlie 
transverse  road.  The  plans  for  said  improvements  may  be  pre- 
pared  by  the  trustees  of  the  American  Museum  of  Natural  His- 
tory, without  cost  to  said  city,  subject  to  the  approval  of  said 
board  of  commissioners. 

§  681-.  In  all  cases  of  improvements  touching  the  laying  out  g^^gf 
of  streets,  avenues,  roads,  public  si  mares  and  places,  where  the  wi.-n  it  si.nii 
depart ment  of  public  parks  is  required  to  file,  maps,  plans  or     >  t.» in. 

1  11  *  x    /  «.  m:i|>i.  etc. 

surveys  thereof,  and  of  the  grades  therefor,  it  shall  not  be  neces- 
sary to  file  the  maps  showing  the  laying  out,  and  tin- 
maps  showing  the  grades  therefor,  at  the  same  time;  but  when- 
ever it  shall  deem  the  public  interest  to  so  require,  it  may  fde  in 
the  offices  hereinbefore  designated,  maps,  plans  or  surveys,  cer-  ' 
titled  as  hereinbefore  provided,  of  such  streets,  avenues,  roads, 
public  squares  and  places,  and  of  grades  as  it  may.  from  time  to 
time,  lay  out  and  establish,  and  all  the  provisions  of  this  act  shall 
be  applicable  to  the  same  when  so  filed;  but  such  streets, 
avenues,  roads,  public  squares  and  places,  and  grades,  shall  be 
again  exhibited  on  the  maps,  plans  or  surveys  tiled  upon  the 
completion  of  the  whole  work. 

0S2.  It  shall  be  the  duty  of  the  said  department  to  inclose,  i864,cb.8i9,|i, 
lay  out,  grade,  regulate,  drain,  and  improve  that  piece  or  parcel  Manhattan 
of  land  known  as  Manhattan  square,  bounded  on  the  north  by  ^centraiparic. 
Eighty-first  street,  on  the  east  by  the  Eighth  avenue,  on  the 
south  by  Seventy-seventh  street,  and  on  the  west  by  the  Ninth 
avenue,  and  to  connect  the  same  with  the  Central  park  in  such 
way  or  ways  as  shall  not  interfere  with  the  full,  free,  and  unin-  Etehth avenue 
temipted  use  of  the  Eighth  avenue  as  a.  public  street,  ,'">" keptope  1 

CtS'.K  The  department  of  public  parks  is  authorized  and  di-  isso.ch. sss. $i. 
rected  to  proceed  with  the  improvement  and  inclosure  of  thesev-  p^Xir'rarfc* 
era!  public  squares,  parks,  or  places  laid  out  and  established  S™";,"'!''. 
within  the  lines  of  Fourth  avenue,  between  Sixty-seventh  and  0fPark8'etc 
Ninety-sixth  streets.    Bnt  said  squares  or  places  shall  he  so  laid 
out  and  established  as  not  to  change,  alter,  or  interfere  with  the 
Fourth  avenue  improvement,  or  with  the  plans  and  openings  es- 
tablished and  carried  out  by  the  board  of  engineers  of  the  Fourth 
avenue  improvement. 

£  0S4.  The  public  park,  or  place,  or  square,  known  as  Wash-  i8ffl  ^  ,^  " 
ington  square  or  Washington  parade  ground,  shall  (except  the  ^™Xn  - 
street  or  roadway  through  the  same,  running  from  Fifth  avenue  i™rk 
on  the  north  to  South  Fifth  avenue  on  the  south )  be  used  in  per- 
petuity as  one  of  the  public  parks,  or  squares,  or  places  of  said 
city,  and  shall  be  kept  by  the  department  of  public  parks  in 
proper  order,  ornamented  and  protected,  for  the  public  use  as  a 
public  park,  and  for  no  other  use  or  purpose  whatsoever. 
£  8S.*>.  The  land  at  present  occupied  by  the  reservoirvm  Fifth 


District 
im.  Ch.  461 


268  DUTIES  OF  DEPARTMENT  OK  PAKKS. 

iM15?i»r?0tb  ayenue,  between  Fortieth  and  Forty-second  streets,  together 
oonpiiira  with  the  adjacent  land  lying  west  thereof,  known  as  Reservoir 
Land  to  be  a     square,  shall  be  converted  into  a  public  park,  which  shall  be  laid 

public  park.  *  1  * 

out  by,  and  hi;  under  the  control  and  management  of  the  park 
commissioners,  and  kept  and  maintained  by  them  as  one  of  the 
public  parks  and  places  in  the  city  of  New  York.    It  shall  not 
be  used  for  military  parades,  drills,  inspections  or  reviews  of  any 
kind,  hut  only  for  a  public  park  or  square, 
toprocct&with       §  ^80.  The  commissioners  of  the  departments  of  public  parks 
iiriimltTpoint  are  authorized  and  directed  to  proceed  with  the  improvement, 
by  inclosure  and  otherwise,  of  the  public  parks  or  places  in  the 
Twenty-third  ward  of  the  city  of  New  York,  shown  on  a  map  of 
the  "  Hunt's  Point  District,"  dated  March  twenty-third,  eighteen 
hundred  and  seventy-eight,  and  filed  by  the  commissioners  of 
i  he  department  of  public  parks  in  accordance  with  the  provisions 
of  chapter  six  hundred  and  four  of  the  laws  of  eighteen  hundred 
and  seventy-four,  and  chapter  four  bundled  and  thirty-six  of 
the  laws  of  eighteen  bundled  and  seventy-six,  respectively, 
situated  at  the  intersection  of  Third  avenue  with  Boston  avenue, 
and  at  the  intersection  of  Franklin  avenue  with  Fulton  avenue, 
com cl»487'  *8'      §        No  portion  of  Broadway,  between  Fifty-seventh  street 
Broadwny.  b<--   and  the  northerly  line  of  Fifty-ninth  street,  shall  be  used  for  any 

tween  fifty- 

spv.Titi. an. i     other  purpose  than  that  of  a  public  street  or  public  place,  nor 

Fifty-ninth  .    *     ^  *  .      1  1  ■ » 

street*  shall  any  portion  thereof  be  used  as  a  carriage  or  hack  stand. 

nor  shall  any  stall,  stand,  or  erection  or  incumbrance  of  any 
kind  be  permitted  therein,  but  the  same  and  every  portion 
thereof  within  the  limits  aforesaid,  shall  be  kept  free  and  clear 
for  the  passage  of  the  public,  and,  as  respects  its  use,  shall  be 
under  the  exclusive  control  and  management  of  the  commis- 
sioners of  the  "Central  park,  who  are  authorized  t5  make  such 
rules  and  regulations  respecting  its  use,  not  inconsistent  with 
the  provisions  of  this  section,  as  they  may  deem  proper. 
comp^a0  §  6SS.  The  determination  of  the  lines  of  curb  and  other  sur- 

Determinatioii  face  constructions  in  all  the  streets  and  avenues,  within  the 
curbs,  etc.       distance  of  three  hundred  and  fifty  feet  fiom  the  outer  bounda- 

vested  in  com-  § 

uissieners.  pies  of  any  public  park  or  place,  which  is  now  or  hereafter 
may  be  under  the  control  and  management  of  the  department 
of  public  parks,  is  vested  in  the  said  department;  and  the  said 
department  shall  also  have  power  to  plant  trees  and  to  construct, 
erect,  and  establish  seats,  thinking  fountains,  statues,  and  works 
of  art,  whenever  they  may  deem  it  for  the  public  interest  so  to 
do,  on  the  said  parts  of  said  public  streets  and  avenues;  and  the 
said  parts  of  said  public  streets  and  avenues  shall  at  all  times, 
after  the  same  are  opened,  be  subject  to  such  rules  and  regula- 
tions in  respect  to  the  uses  thereof  and  erections  and  projections 
Thereon  as  the  said  department  may  make  therefor.    Nothing  in 


PARK  KEEPERS. 


this  section  contained  shall  bo  construed  to  authorize  the  said 
department  to  do  any  work  in  the  matter  of  regulating,  grading, 
paving,  sewering,  curbing,  and  guttering  any  of  the  streets  or 
avenues  herein  mentioned,  which  the  department  of  public 
works  is  authorized  by  law  to  do. 

£  6S9.  All  moneys  heretofore  appropriated  and  granted,  or  cJjj^no0' **• 
that  may  hereafter  be  appropriated  and  granted  to  the  said  de-  Moneys  appro 

,        .  .  ,  .  printed  up 

partnient  of  pubhc.parks,  tor  the  improvement  and  maintenance  pUcabieto 
of  anj  of  .the  public  parks  and  places  under  their  management  Log  on  parks 
and  control,  shall  be  deemed  and  taken  to  be  appropriated  and 
granted  for  and  applicable  to  the  improvement  and  maintenance 
of  the  avenues  and  streets  bordering  and  within  the  distance  of 
three  hundred  and  fifty  feet  from  the  outer  boundaries  of  each 
of  such  parks  and  public  places,  so  far  as  the  work  of  such  im- 
provement and  maintenance  is  done  by  said  department. 

;j  690.  The  commissioners  of  public  parks  may  organize  and  n'.M.p.1:-.?"1, s" 
appoint  a  force  to  be  known  as  keepers  of  the  Central  park,  and  cen^and016 
the  several  public  parks,  squares,  and  places  in  the  city,  to  con-  ho^aprototed 
sist  of  such  number  of  men  as  the  board  may,  from  time  to  time, 
deem  necessary  to  preserve  order  in  the  said  Central  park  and  in 
the  several  public  parks,  squares,  and  places  ;  which  force  shall 
be  under  the  exclusive  control  and  direction  of  said  board,  and 
may  be,  in  whole  or  in  part,  discharged  at  pleasure  ;  each  mem- 
ber of  said  force  shall,  by  virtue  of  his  appointment,  be  invested 
with  the  same  powers,  within  the  limits  of  said  public  parks,  Tl),irr°"rr- 
squares,  and  places,  and  that  portion  of  the  streets  and  avenues 
bounding  the  same  as  lie  adjacent  thereto,  as  if  ho  had  been  ap- 
pointed to  a  similar  rank  in  the  force  of  the  police  department 
of  the  city,  and  shall  take  an  oath  to  be  prescribed  by  said 
board,  and  may  be  allowed  compensation  by  said  board  equal  to 
that  allowed  to  members  of  said  police  force.    Whenever  special 

temporary 

circumstances  shall,  in  the  judgment  of  said  commissioners,  re- 
quire an  additional  force  for  the  preservation  of  order  in  any  of 
the  said  public  parks,  squares,  and  places,  the  said  board  may 
appoint  the  same  temporarily,  as  in  their  judgment  the  occasion 
may  require  ;  and  during  such  period  said  additional  force  shall 
have  the  same  powers  as  the  said  keepers  of  the  said  Central 
park  and  the  several  city  parks,  squares,  and  places,  and  the 
said  department  shall  have  the  full  and  exclusive  power  to 
govern,  manage,  and  direct  the  said  several  public  parks, 
squares,  and  places,  and  to  pass  ordinances  for  the  regulation 
and  government  thereof  ;  and  all  persons  offending  against  such 
ordinances  shall  be  deemed  guilty  of  a  misdemeanor  and  be  pun- 
ished, on  conviction  before  the  recorder  or  any  magistrate  of  the 
city,  by  a  fine  not  exceeding  fifty  dollars,  and  in  default  of  pay- 
ment. !>*'  imprisonment  not  exceeding  thirty  days. 


forei 


270 


BOTANICAL  AND  ZOOLOGICAL  OAKDKNS. 


1878,  cb,  W8,  ji, 

lis  aim-ndcd 

1879,  cb.  478, 
Couip.  101. 

lS(S.->,  ch.  3C,  ST, 
Comp,  sol. 

Military  en- 
cainpiiieiit.etc. 
In  ( Vntral  park 
forbidden, 


1871,  eh  306, 


1809.  ch.5«9,  SSL 
?.  t'cinp.  517. 


Observatory  In 
f'PDtral  Park. 

I«61.  cb.  310,  SI. 
(  onip.  197. 


Botanical  ami 

zoological 

garden. 

18G:>,  ch.  2G,  S6. 
Comp.  504. 


Department  to 
determine  con 
dition  of 
admission  to 
gardens. 
187G.  ch.  139,  |1, 
Comp.  518. 
Contract  with 
American 
Museum,  etc. 


14.  §2 


?  691.  The  department  of  public  parks  shall  have  exclusive 
authority  to  decide  when  and  where  any  new  lamps  shall  he  put 
•  and  lighted  in  any  parks  or  places  under  its  control. 

?'  692.  No  military  encampment,  parade,  drill,  review,  or 
other  military  evolution  or  exercise,  shall  be  held  or  performed 
on  Central  park,  or  any  part  thereof,  except  with  the  previous 
consent  of  the  said  board,  nor  shall  any  military  company,  regi* 
meat,  or  other  military  body,  enter  or  move  in  military  order 
within  said  park.  No  military  officer  shall  have  authority  to 
order,  direct,  or  hold  any  such  parade,  drill,  review,  or  other 
evolutions  or  exercise,  or  encampment  within  said  park,  except 
in  case  of  riot,  insurrection,  rebellion  or  war.  It  shall  not  be 
lawful  to  grant,  use  or  occupy  for  the  purposes  of  a  public  fair 
or  exhibition  any  portion  of  said  park. 

^  693.  The  department  of  public  parks  is  hereby  authorized 
to  erect,  establish,  conduct,  and  maintain  on  the  Central  park,  a 
meteorological  and  astronomical  observatory,  and  a  museum  of 
natural  history,  and  a  gallery  of  art,  and  the  buildings  therefor, 
.and  to  provide  the  necessary  instrument-;,  furniture,  and  equip- 
ments for  the  same. 

§  ti'.H.  The  said  department  shall  have  povger  to  establish  and 
maintain  on  Manhattan  square,  or  any  other  part  of  the  Cen- 
tral park,  a  botanical  and  zoological  garden,  provided,  however, 
that  tin?  said  commissioners  shall  not  fix  or  establish,  or  in  any 
.manner  change  or  alter  the  grade  of  the  streets  surrounding  the 
said  piece  of  ground  known  as  Manhattan  square,  as  now  fixed 
and  established  by  law. 

^  695.  Admission  to  the  zoological  or  botanical  gardens  shall 
be  either  free  to  the  public  or  upon  the  payment  of  such  sum  as 
may  be  prescribed  by  said  department;  and  all  income  from 
said  gardens  and  from  the  sale  of  the  surplus  animals  thereof, 
shall  be  applied  to  the  expenses  of  the  maintenance,  govern- 
ment ann"  support  thereof,  or  of  said  park.  Said  department 
may  agree  for  the  management  and  maintenance  of  said  gar- 
dens with  any  society  heretofore  incorporated  by  the  legislature 
of  the  State  for  that  purpose;  but  the  above  mentioned  gardens 
shall  always  be  under  the  control  of  said  department. 

§  690.  The  department  of  public  parks  is  hereby  authorized 
and  directed  to  continue  the  contract  with  the  American  Mu- 
seum of  Natural  History  for  the  occupation  by  it  of  the  buildings 
erected  or  to  be  erected  on  that  portion  of  the  Central  park 
formerly  known  as  Manhattan  square,  and  establishing  and 
maintaining  therein  its  museum,  library,  and  collections,  and 
carrying  out  the  objects  and  purposes  of  the  said  society. 

§  697.  The  department  of  public  parks  is  hereby  authorized 
and  directed  to  continue  the  contract  with  the  Metropolitan 


(ill'Ts  TO  DKI'AKTMKNT  ol'  1'AHKS 


Museum  of  An  I '<  >r  the  occupat  ion  hv  it  of  the  buildings  erected  AhowitiiMei 

ritixjlitun 

or  to  be  erected  on  that  portion  of  the  Central  park  east  of  the  Hum  rAn 

old  receiving  reservoir,  and  bounded  on  the  west  by  the  drive,  - 
on  the  east  by  the  Fifth  avenue,  on  the  south  by  a  continuation 
of  Eightieth  street,  and  on  the  north  by  a  continuation  of 
Kighty-fifth  street,  and  transferring  thereto,  and  establishing 
and  maintaining  therein  its  museum,  lihrary  and  collections, 
and  carrying  out  the  objects  and  purposes  of  the  said  museum 
of  art. 

§  6'js.  The  department  of  public  parks,  with  the  concurrence  parkcom 
of  the  board  of  estimate  and  apportionment,  is  authorized  to  "„\a^i!mi!in> 
enlarge  the  building  now  erected  upon  that  portion  of  the  Cen-  SSuaeumof ah 
tral  park  east  of  the  old  receiving  reservoir,  and  now  in  the  pos-  l881' ^ m< *y 
session  and  occupation  of  the  Metropolitan  Museum  of  Art. 
The  plans  for  said  enlargement,  and  for  the  equipment  of  the 
same,  shall  be  prepared  by  the  trustees  of  the  said  Metropolitan 
Museum  of  Art,  and  approved  by  the  board  of  commissioners  of 
the  department  of  public  parks.    Said  plans. may  include  any 
alteration  of  the  present  building  made  necessary  by  the  en 
largement,  or  found  by  experience  to  be  desirable. 

§  699,  The  department  of  public  parks  are  hereby  authorized  i8n.ch.748.si3, 
and  empowered,  in  their  discretion,  on  the  application  in  writ- .Locations  in 
ing  of  the  board  of  tire  commissioners,  to  grant  to  them  loca-  pScestM 'fire 
tions  for  apparatus  houses  of  said  de])artment  in  any  of  the  pub-  iwu""tus 
lie  places,  parks,  or  squares  in  said  city  under  their  control,  pro-, 
vided  the  same  are  so  located  and  constructed  as,  in  the  judg- 
ment of  the  board  granting  such  permission,  will  not  disfigure 
or  incumber  the  same,  or  interfere  with  the  purposes  of  public 
use  and  recreation,  but  will  tend  to  the  protection  of  the  public 
and  their  property. 

>>  700.  Real  and  personal  property  may  be.granted,  devised,  lflM<iM49  J10 
bequeathed,  or  conveyed  to  the  mayor,  aldermen,  and  common-  comp.soi. 
altv  of  the  citv  of  New  York,  or  to  the  board  of  commissioners  sonai  property 

r        i  ,    .  conveyed  in 

of  parks,  for  the  purposes  of  the  improvement  or  ornamcnta-  trust, 
tion  of  the  Central  park  in  said  city,  or  for  the  establishment  or  comp^sM/*3, 
maintenance,  within  the  limits  of  said  Central  park,  of  muse- 
ums, zoological  or  other  gardens,  collections  of  natural  history, 
observatories  or  works  of  art,  upon  such  trusts,  and  conditions 
as  may  be  prescribed  by  the  grantors  or  donors  thereof,  aud 
agreed  to  by  the  department  of  public  parks;  and  all  property  so  cfa 
devised,  granted,  bequeathed,  or  conveyed,  and  the  rents,  issues, 
profits,  income  and  increase  thereof,  shall  be  subject  to  the  ex- 
clusive management,  direction,  and  control  of  the  said  depart- 
ment of  public  parks,  and  except  such  surplus  animals  and  IStil  ch  w 
duplicate  specimens  as  said  department  may  deem  it  best  for  the  Con,p  «"- 
interest  of  said  garden  to  dispose  of  by  sale  or  otherwise,  shall  be 


272      COMMISSIONERS  NOT  TO  BE  [NTEBESTED  IN  OONTBACTB. 


ikg.\  ob.  SO,  |S, 
<  imp.  503. 
1850,  cb.  840,  i~, 
Comp.  000. 
OommlMloni  n 
not  create 
debts. 

1857,  Ch.  TT1,  S3, 
Comp.  408. 


1678,  oh.  766. 
1?,  Comp.  1M. 


i«cr,  ch.  oov,  §; 
Comp.  101-'. 
Subdivision  of 
plots,  etc.,  by 

OWIl'Th. 


Td 


forever  properly  protected,  preserved,  and  arranged  for  public 
use  and  enjoyment,  subject  to  such  rules  and  regulations  as  said 
department  may  prescribe.  The  said  department  shall  hereaf- 
ter, with  its  annual  report,  make  a  statement  of  the  condition 
of  all  the  gifts,  devises,  and  bequests  of  the  previous  year,  and 
of  the  names  of  the  persons  making  the  same. 

7<>1.  None  of  the  commissioners  of  public  parks,  nor  any 
person,  whether  in  the  employ  of  said  commissioners  or  other- 
wise, shall  have  the  power  to  create  any  debt,  obligation,  claim 
or  liability  for  or  on  account  of  said  department,  or  the  moneys 
or  property  under  its  control,  except  with  express  authority  con- 
ferred at  a  meeting  duly  convened  and  held.  Each  commissioner 
shall  be  entitled  to  be  reimbursed  the  amount  of  his  personal 
expenses  in  visiting  and  superintending  the  said  park,  not  ex- 
ceeding the  sum  of  three  bundled  dollars  per  annum. 

§702.  The  said  department  may  apply  a  sum  not  exceeding 
thirty  thousand  dollars  per  annum,  out  of  the  moneys  provided 
for  the  maintenance  of  the  parks,  for  the  keeping,  preservation, 
and  exhibition  of«the  collections  placed  in  the  buildings  referred 
to  in  sections  six  hundred  and  ninety-six  and  six  hundred  and 
ninety-seven  of  this  act. 

?  To:;.  If,  at  any  time  after  the  filing  of  the  maps  showing 
the  laying  out  of  streets,  avenues,  roads  and  public  squares,  and 
places,  by  the  department  of  public  parks,  the  owner  or  owners 
•  of  any  plot  of  land  bounded  on  all  sides  by  streets,  avenues  or 
roads,  and  not  laid  out  as  and  for  a  public  square  or  place,  shall 
desire  to  subdivide  such  plot  and  give  public  right  of  way  into 
or  through  such  plot,  he,  she,  or  they  may  do  so,  by  submitting 
two  maps,  plans  or  surveys  of  such  plot  and  of  such  proposed 
right  of  way,  showing  the  width,  which  shall  not  be  less  than 
thirty  feet,  and  the  location,  extent  and  direction  of  the  same, 
and  the  proposed  grade  therefor,  to  the  said  department  for  its 
approval;  and  if  the  same  shall  be  approved,  and  the  owner  or 
owners  aforesaid  shall  immediately  thereafter  convey,  in  such 
form  as  shall  be  approved  by  said  department,  the  title  to  the 
land  required  for  such  right  of  way,  free  and  clear  from  all  in- 
cumbrances, unto  the  mayor,  aldermen  and'commonalty  of  the 
city  of  New  York,  in  trust,  as  and  for  a  public  street,  road  or 
avenue,  the  same  shall  from  that  time  be  and  become  an  opened 
public  street,  road  or  avenue,  the  same  as  if  it  had  been  laid  out 
and  opened  as  other  streets,  roads  or  avenues  are  or  ought  to  be: 
and  the  maps,  plans  or  surveys  thereof,  and  of  the  grades  there- 
for, shall  be  certified  by  one  of  the  officers  of  the  said  depart- 
ment, to  be  designated  by  the  board  for  such  purpose,  one  of 
said  maps  shall  be  filed  in  and  remain  of  record  in  the  office  of 


DEPARTMENT  OF  STREET  CLEANING 


278 


the  commissioner  of  public  works,  and  the  other  shall  remain  of 
record  in  the  office  <>f  the  department  of  public  parks. 


•  IHAPTER  XIV. 

DEPARTMENT  of  STREET  CLEANING. 

£  704.  The  department  of  street  cleaning  shall  have  exclu-  i88i,cb.a«7,nita 
sivo  charge  of  the  cleaning  of  streets,  and  the  removal  of  ashes  duty  of  oom- 
and  garbage  in  the  city.  The  commissioner  of  street  cleaning 
shall  have  power  and  authority,  and  is  hereby  charged  with  the 
duty  of  causing  the  streets  of  said  city,  which  shall  include  all 
the  puhlic  avenues,  streets,  lanes,  alleys,  places,  wharves,  piers 
and  heads  of  slips  therein,  except  such  as  are  within  any  park 
under  the  control  and  management  of  the  department  of  puhlic 
parks,  to  he  thoroughly  cleaned  and  kept  clean  at  all  times, 
and  of  removing  from  said  city,  or  otherwise  disposing  of,  as 
often  as  the  public  health  and  use  of  the  streets  may  require, 
all  street  sweepings,  ashes  and  garbage,  and  of  removing  new 
fallen  snow  from  leading  thoroughfares  and  such  other  streets 
and  avenues  as  may  be  found  practicable.  In  no  case  shall  the 
amount  expended  by  said  commissioner  exceed  the  amount 
appropriated  for  his  said  department  by  the  board  of  estimate 
and  apportionment.  Said  commissioner  shall  file  with  the  Monthly  state 
comptroller,  monthly,  a  statement,  under  oath,  showing  the 
number  and  the  names  of  all  persons  employed  by  him  during 
the  preceding  month,  and  the  amount  paid  to  each  of  them  and 
the  particular  kind  of  work  in  which  each  of  them  shall  have 
been  employed  during  such  month. 

;i  705.  Said  commissioner  shall  have  power  to  engage  and  in  Employee* 
his  discretion  discharge  from  time'to  time  all  such  clerks,  labor- 
ers, and  other  employees,  and  to  fix  their  compensation,  as  shall 
bo  necessuy  and  proper  in  executing  the  duties  hereby  imposed 
upon  him,  and  may  make,  and  from  time  to  time  alter  rules  and 
regulations  for  their  government.    But  the  compensation  and 
wages  of  such  clerks,  laborers,  and  other  employees  shall  not 
exceed  the  current  market  rate  paid  for  similar  services  in  pri- 
vate business.    The  said  commissioner  shall  also  have  power  to  M 
hire  or  purchase  for  his  use  as  such  commissioner,  at  current  steamtugs,  etc 
market  prices,  horses,  carts,  steam-tugs,  scows,  boats,  vessels, 
machines,  tools,  and  other  property  required  for  the  economical 
and  effectual  performance  of  his  said  duty,  or  contract  for  the 
construction  of  any  such  tugs,  scows,  boats,  vessels  or  machines, 
the  title  to  which  property  so  purchased  shall  be  in  the  mayor, 


DEPARTMENT  OF  STREET  CLEANING. 


Contract!) 
letting!  of.  etc. 


M.  *». 

Slips  in  .1...  I,-, 
to  be  set  apart 

for  use  of  de- 
portment. 


Leasing  of 
piorn.  etc, 


1881,  iii.  3or, 

Kmplovees  to 
be  uniformed. 


Itl.  §0. 

Special  con- 
tracts for  col- 
lection of  gar- 
bage, etc. 


aldermen .  and  commonalty  of  the  cit  y  of  New  York.  Ail  such 
hiring*,  or  purchases  or  contracts,  however,  exceeding  one  thou- 
sand dollars  in  amount  at  any  one  hiring  or  purchase,  shall  !><• 
by  contract  let  to  the  lowest  bidder  therefor,  founded  on  sealed 
proposals  or  hids  made  in  compliance  with  public  notice  adver 
tised  in  the  City  Keeord  :  such  notice  to  he  published  at  least 
ten  days  prior  to  the  opening  of  such  proposals  or  hid*.  When- 
ever the  said  commissioner  shall  deem  it  necessary  he  shall,  and 
he  is  hereby  authorized  so  to  do.  sell  at  public  auction  any  plant, 
material,  horses,  carts,  scows,  or  other  property  used  in  any 
way  in  connection  with  the  work  of  (  leaning  the  st  n-ct  s.  The 
said  commissioner  is  hereby  authorized  to  hire  or  lease  suit- 
able and  sufficient  offices  for  the  transaction  of  the  business 
under  his  (  barge,  and  also  such  stables  and  other  buildings  as 
may  from  time  to  time  be  necessary. 

ij  700.  The  department,  bureau  or  city  officer,  authority  or 
authorities,  which  shall  from  time  to  time  have  the  manage- 
ment and  contra)  of  the  public  docks,  piers  and  slips  of  the  city, 
shall  designate  and  set  apart  for  the  use  <>|  said  commissioner 
suitable  and  sufficient  slips,  piers,  and  berths  iu  slips,  located  as 
the  said  commissioner  may  require,  and  such  as  shall  be  con- 
venient and  necessary  for  Ins  use  in  executing  the dnty  hereby 
imposed  upon  him,  excepting  -lips,  docks,  and  piers  on  the 
East  river  set  apart  for  the  use  of  canal  boats.  The  said  com- 
missioner may.  with  the  approval,  in  writiug.  of  the  board  of 
estimate  and  apportionment,  lease  piers,  slips  Or  wharves  for 
the  necessary  purpose  of  the  duties  by  this  chapter  conferred 
whenever  suitable  piers,  slips  or  wharves  owned  by  or  under  the 
control  of  the  city  cannot  be  obtained  or  are  not  get  apart  and 
designated  as  in  this  section  provided. 

£  707.  In  the  work  of  street  -weeping  and  cleaning,  and  in 
flie  collection  and  removal  of  street  sweepings,  ashes  and  gar- 
bage, the  men  may  be  provided  with  some  distinctive  dress  or 
portion  thereof,  or  some  badge  designated  by  said  commissioner, 
to  be  so  worn  that  they  shall  be  easily  recognized  as  employees 
of  the  department. 

§  70S.  Said  commissioner  may  let  out  special  contracts  for 
periods  not  exceeding  three  years  for  the  work  of  street  sweep- 
ing and  cleaning,  or  for  the  collection  of  ashes  and  garbage,  or 
some  part  thereof,  iu  particular  districts  to  be  designated  for 
that  purpose  by  the  said  commissioner,  and  the  terms  and  con- 
ditions of  which  contracts  shall  have  been  first  approved  by  the 
board  of  estimate  and  apportionment  :  provided  that  such  con- 
tracts shall  in  all  cases  provide  for  their  termination  on  ten 
(Jays'  notice  by  the  commissioner,  with  the  approval  of  the 
mayor,  ■ 


DEPARTMENT  OP  STREET  CLEANING. 


275 


,^  70ft.  Saul  commissioner  shall  have  power  to  enter  into  con-  1,1  >7 
tracts  with  responsible  persons  and  parties  for  the  final  disposi-  final  disposition 
lion,  for  periods  not  exceeding  live  years,  of  all  or  any  part  of 
the  said  street  sweepings,  ashes  or  garbage,  when  collected; 
provided  always  that  such  contracts  shall  be  approved  both  as 
to  terms  and  conditions  by  the  board  of  estimate  and  apportion- 
ment. AJ1  contracts  shall  be  entered  into  on  behalf  of  the  city 
by  the  commissioner  with  adequate  security.  lie  shall  adver- 
tise for  proposals  in  such  newspapers  in  the  city  as  he  may 
designate,  not  exceeding  three  in  number,  for  ten  days,  toper- 
form  the  work  in  BUCD  form  and  maimer  and  on  such  terms 
and  conditions  as  he  may  prescribe.  Such  proposals  may  be 
for  the  performance  of  all  or  such  part  or  portion  of  the  work 
as  he  shall  require.  Each  proposal  must  he  accompanied  by  a 
certified  check  on  a  solvent  banking  incorporation  in  the  city, 
payable  to  the  order  of  the  comptroller  for  live  per  cent,  of  the 
amount  for  which  the  work  bid  for  is  proposed  in  any  one  year 
to  be  performed.  From  .the  proposals  so  received  he  may  select 
the  bid  or  bids,  the  acceptance  of  which  will,  in  his  judgment, 
best  secure  the  efticient  performance  of  the  work,  or  he  may 
reject  any  or  all  of  said  bids.  On  the  acceptance  of  any  bid  by 
him,  the  checks  of  the  unaccepted  bidders  shall  be  returned  to 
them,  and -upon  the  execution  of  the  contract  the  check  of  the 
accepted  bidder  shall  be  returned  to  him.  The  sureties  upon  all 
contracts  hereby  authorized  shall  be  approved  by  the  com}) 
t roller,  and  all  contracts  and  bonds  securing  the  same  shall  be 
approved  as  to  form  by  the  counsel  to  the  corporation. 

i  Tin.  The  said  commissioner  of  street  cleaning,  with  the  . 

°'  Cremating 

approval  of  the  mayor,  may  provide  for  cremating  or  burning  «ar,*>sp 
street  refuse  or  garbage,  and  may,  through  the  commissioners 
of  the  sinking  fund,  lease  or  purchase  land  for  the  erection 
thereon  of  suitable  crematories  or  furnaces. 


POWERS  OF  DEPARTMENT  OF  DOCKS. 


CHAPTER  XV. 
Docks.  Pikks.  Haim'.dk,  I'okt.  and  Watkks. 

v 

Title  I.— The  Department  of  Books. 
|?n. cbj574,  |0,       ^  7u    Xhe  department  of  docks  shall  have  exclusive  charge 

(  oni|>.  •  •  1  ° 

Control  of       and  control,  subject  in  th"  particulars  hereinafter  mentioned  to 
BUp«,  etc,        the  commissioners  Of  the  sinking  f  uiid  of  said  city,  of  all  the 
wharf  property  belonging  to  the  corporation  of  the  city  of  New 
York,  in*  hiding  all  the  wharves,  piers,  bulkheads,  and  struc- 
tures thereon,  and  waters  adjacent  thereto,  and  all  the  slips, 
basins,  docks,  water-fronts,  land  under  water,  and  structures 
thereon,  and  the  appurtenances,  easements,  uses,  reversions,  and 
rights  belonging  thereto,  which  are  now  owned  or  possessed  by 
the  said  corporation,  on  to  which  said  corporation  is  or  may  he- 
come  entitled,  or  which  said  corporation  may  acquire  under  the 
Repairing,       provisions  hereof,  or  otherwise  ;  and  said  department  shall  have 
"npee"£    e*n  exclusive  charge  and  control  of  the  repairing,  building,  rebuild 
iug,  maintaining,  altering,  strengthening,  leasing,  and  protect- 
ing said  property,  and  every  part  thereof,  and  of  all  the  cleaning. 
Regulation  m>,i  (hedging,  and  deepening  nec<  ssarv  in  and  about  the  same.  Said 
"     <  department  is  also  hereby  invested  with  the  exclusive  govern- 

ment and  regulation  of  all  wharves,  piers,  bulkheads,  and  struc- 
tures thereon,  and  waters  adjacent  thereto,  and  all  the  basins, 
s,lips  and  docks,  with  the  land  under  water  in  said  city  not 
owned  by  said  corporation.  Said  board  shall  not  have  power  to 
change  the  exterior  line  of  piers  and  bulkheads,  as  established 
by  law. 

•     ,  m  ua       >?  712.  The  plan  or  plans  for  the  whole  or  any  part  of  the 
i«i, ch. 874, {6,  water  front  of  said  city  determined  upon  by  the  department  of 
1872^^738,  si.  docks,  adopted  and  certified  to  by  the  commissioners  of  the  sink- 
ing fund  and  filed  in  the  office  of  the  department  of  docks  in 
accordance  with  the  provisions  of  the  third  subdivision  of  section 
ninety-nine  of  chapter  one  hundred  and  thirty-seven  of  the  laws 
of  eighteen  hundred  and  seventy,  as  amended  by  section  six  of 
chapter  five  hundred  and  seventy-four  of  the  laws  of  eighteen 
r.ffect  of  fiKng.  hundred  and  sevent}'-one,  shall  continue  to  be  the  sole  plan  or 
plans,  according  to  which  any  wharf,   pier,  bulkhead,  basin, 
dock,  or  slip,  oi\  any  wharf,  structure,  or  superstructure,  shall 
be  laid  out  or  constructed  within  the  territory  or  district  em- 
braced in  and  specified  upon  such  plan  or  plans,  and  be  the  sole 


WoUK  ON  WATKK  Fl.'oNT. 


377 


plan  or  plans  and  authority  for  sol  id  filling  in  (he  waters  surround- 
ing- said  city  and  for  extending  piers  into  said  waters  and  erecting 
bulkheads  around  said  city;   and  all  other]  provisions  Ot  law 
regulating  solid  tilling  and  pier  and  bulkhead  fines  in  said  waters 
enacted  prior  to  April  eighteenth,  eighteen  hundred  and  seventy- 
one,  are  to  he  deemed  to  he  repealed  whenever  said  plan  or  plans 
is  or  are  inconsistent  with  such  provisions  of  law.    Nb  wharf.  S^JtobeSuiii 
pier,  bulkhead,  basin,  dock,  slip,  or  any  wharf,  structure,  or  sup-  u^n^'m,1'''  " 
erstructure  shall  be  laid  out,  built,  or  rebuilt  withiif  such  terri- 
tory or  district,  except  in  accordance  with  such  plan  or  plans;  pro- 
vided, that  the  said  department  of  docks,  with  the  consent  and 
approval  of  the  commissioners  of  the  sinking  fund,  may  from  time# 
to  time  change  the  width  or  location  of  the  piers  laid  down  on  said 
plan  or  plans. 

7lo.  The  commissioners  of  the  department  of  docks  are  di-  [j^g***^ 
rected  to  cause  to  he  made  the  necessary  surveys,  soundings,  and 
other  examination  of  the  water  front  of  all  that  part  of  "West- 
chester county  recently  annexed  to  said  city,  from  the  easterly 
terminus  of  said  water  front  at  the  mouth  of  theBronx  river,  as 
already  determined,  and  thence  following  the  East  river  bank 
and  the  Harlem  river,  Spuyten  Duyvil  creek,  and  Hudson  river 
to  the  northern  terminus  of  said  water  front  on  the  Hudson 
river  as  already  determined,  and  to  ascertain  the  capacities  and 
requirements  of  said  water  front  for  adaptation  to  eommer-' 
cial  uses,  in  like  manner  as  the  said  board  has  already  caused  to 
be  surveyed  and  examined  the  previously  recorded  waterfront 
of  said  city. 

§  714.  In  executing  the  plan  or  plans  mentioned  in  section  tm,  eh.5N,  ge, 
seven  hundred  and  twelve,  the'  department  of  docks  shall  pro-  eoTs'ruction  of 
ceed,  according  to  said  plan  or  plans,  to  lay  out,  establish,  and  basinsfshps. 
construct  wharves,  piers,  bulkheads,  basins,  docks  or  slips  in  the  e  ' 
territory  or  district  embraced  in  such  plan  or  plans,  and  in  and 
upon  or  about  the  property  owned  by  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New  York,  without  interfering  with 
the  property  or  rights  of  any  other  person,  except  so  far  as  may 
be  necessary  to  insure  the  safety  and  stability  of  the  wharves, 
piers,  bulkheads,  basins  or  slips  so*to  be  constructed.    And  said 
department  may  commence  and  cany  on  such  construction  in 
sections  of  said  territory  or  district,  from  time  to  time,  so  as  not 
to  seriously  incommode  the  commerce  of  said  city.    The  work  work,how 

„  ,  performed. 

of  such  construction  under  said  plan  or  plans,  unless  ordered  to 
be  otherwise  performed  by  the  affirmative  votes  of  all  the  mem- 
bers of  the  board,  shall  be  performed  as  follows:  The  said  board 
shall  prepare  full  and  minute  specifications  for  such  work,  and 
advertise  for  proposals  for  doing  said  work  under  said  plan  or 
plans,  and  according  to  such  specifications:  proposals  therefor 


278 


CHARGES  KOR  W  HARFAGE. 


shall  bo  signed  by  tho  bidders  for  said  work  and  be  n-nt  to  said 
board  within  the  time  specified  in  snob  advertisement,  accompa- 
nied by  a  bond  of  the  form  set  forth  in  said  specifications,  duly 
executed.  The  said  board  shall  open  said  proposals  on  a  day  to 
be  specified  in  such  advertisement,  and  shall  examine  tbem,  and 
shall  award  the  contract  for  said  work  to  the  lowest  responsible 
bidder  complying  witb  suc  h  plan  or  plans  and  specifications:  such 
w«cutec?aad*  contract  shall  be  executed  by  the  said  board  on  behalf  of  the 
what  to  eon  mayor,  aldermen,  and  commonalty  of  the  city  of  New  York, 
and  shall  always  contain  provisions  as  to  the  time  of  commenc- 
ing and  completing  said  work,  and  for  the  retention  of  at  least 
one-fourth  of  the  contract  price  until  the  completion  of  the  said 
work,  as  security  for  its  performance  and  for  tlx.*  forfeiture  of 
said  contract  for  non-  performance  of  the  terms  thereof.  Said 
board  may,  upon  the  forfeiture  of  any  such  contract,  proceed  to 
complete  the  work  thereunder  without  contractor  may  read - 
vertise  for  proposals  to  complete  said  work  and  award  a  new 
contract  therefor  in  the  same  manner  as  provided  herein  for 
awarding  the  original  contract  ;  but  no  bidder  under  this  section 
shall  be  entitled  to  a  contract  until  his  bid  shall  be  approved  and 
accepted  by  said  board, 
comp"'^^'  §         lne  department  of  docks  i-  authorized  to  acquire,  in 

lMivhAs.-  .»r     the  name  and  for  the  benefit  of  the  corporation  of  the  city  of 

wharf  property  1  J 

rorcity.         }sew  York,  any  and  all  wharf  property  in  said  city  to  which  the 

corporation  of  the  city  of  New  York  then  has  ho  right  or  title, 
and  any  rights,  terms,  easements,  and  privileges  pertaining  to 
any  wharf  property  in  said  city  and  not  owned  "by  said  corpora  - 
t  ion  ;  and  said  department  may  acquire  the  same  either  by  pur- 
chase or  by  process  of  law,  as  herein  provided.  Said  depart- 
ment may  agree  with  the  ownei-s  of  any  such  property,  rights, 
tferms,  easements,  or  privileges,  upon  a  price  for  the  same,  and 
coinniwsioners  shall  certify  such  agreement  to  the  commissioners  of  the  sinking 
u> appi-ow-       fund,  and  if  said  commissioners  approve  of  such  agreement. 

agreement.  ,  *  *  " 

said  department  shall  take  from  such  owners,  at  such  price,  the 
necessary  conveyances  and  covenants  for  vesting  said  property, 
rights,  terms,  easements,  or  privileges  in,  and  assuring  the  same 
to,  the  mayor,  aldermen,  and  commonalty  of  the  city  of  New 
York  forever,  and  said  owner  shall  be  paid  such  price  from  the 
rioceedinjfs  to  city  treasury,  as  hereinafter  provided.  If  the  said  department 
sionofwharf  shall  deem  it  proper  that  the  said  corporation  should  acquire  pos- 
session of  any  such  wharf  property,  rights,  terms,  easements, 
or  privileges  for  which  no  price  can  be  agreed  upon  between  the 
owners  thereof  and  the  said  department,  the  said  department 
may  direct  the  counsel  to  the  corporation  of  said  city  to  take 
legal  procee  dings  to  acquire  the  same  for  the  mayor,  aldermen, 
and  commonalty  of  said  city,  and  the  said  counsel  to  the  coi*po- 


property,  etc. 


<  UAWiKS  KOH  W'HAKFACJK 


ration  shall  take  the  same  proceedings  t«>  acquire  the  same  as 
are  by  law  provided  for  the  taking  of  private  property  in  said 
city  for  public  streets  or  places,  and  the  provisions  of  law  relal 
ing  to  the  taking  of  private  property  for  pnhlic  streets  OT  places 
in  said  citv  are  hereby  made  applicable,  as  far  as  may  he  neces- 
sary, to  the  acquiring  of  the  said  property,  rights,  terms,  ease- 
ments, and  privileges,  and  said  department  is  also  empowered  to 
acquire  in  like  manner  the  title  to  such  lands  under  water  and 
uplands  as  shall  seem  to  said  department  necessary  to  he  taken 
for  the  improvement  of  the  water  front. 

§  Tit;.  When  any  of  the  wharves,  piers,  hulkheads,  slips,  ulmeudtk* 
docks  and  basins  constructed  under  the  provisions  of  this  title  .,: 
relating  thereto  shall  be  open  to  the  public  use.  the  department  ^™4t^T' 
of  docks  shall  subject  to  the  provisions  of  law  regulate  the  J'^Jf^g.  u 
charges  for   wharfage   and  dockage  of  all   vessels  admitted  :"!  N 

thereto,  and  nuiv  alter  such  charges  from  time  to  time  as  the  Rates  for  canal 

»  •>  "  i  boats. 

public  trade  may  authorize  and  the  said  department  deem 
proper  ;  provided  that  the  rates  of  wharfage  on  boats  navigat- 
ing the  canals  of  the  State  shall  not  be  increased  beyond  the 
rates  in  force  on  April  eighteenth,  eighteen  hundred  and  sev- 
enty-one, except  as  hereinafter  specifically  provided,  and  no  re- 
striction of  the  amount  of  wharf  and  slip  room  occupied  by 
them  shall  be  made  ;  and  said  department  may  appropriate  any 
of  such  wharves,  piers,  bulkheads,  basins,  or  slips  and  such  wharves  mav 
private  wharves  and  piers  as  the  owners  thereof  mav  apply  to  special  kinds  of 
have  so  designated  or  appropriated  to  the  sole  use  ot  special 
kinds  of  commerce  or  of  steamboats,  or  of  any  other  class  or 
description  of  ships  or  vessels,  and  may  restrain  and  prohibit 
any  ship,  steamboat,  or  any  other  vessel  or  water-craft  what-  isao, ch. ass, si 
ever,  from  coming  into,  or  lying,  mooring,  or  anchoring  at  or      p' 1  751 
within  any  wharf,  pier,  or  slip  of  th'e  said  city,  except  such  as 
may  he  so  designated *f or  their  use  respectively.    Said  depart- 
ment may,  in  the  name  and  for  the  benefit  of  the  corporation  of 
said  city,  lease  any  or  all  of  such  property  for  a  term  not  ex- 
ceeding ten  years,  and  covenant  for  renewal  or  renewals,  at  ad- 
vanced rents,  of  such  leases  for  terms  of  ten  years  each,  but 
not  exceeding  in  the  aggregate  fifty  years.  All  leases  other  than  Letwi.  how 
for  districts  appropriated  by  said  department  to  special  commer-  "'Vy  SuP.«. 
cial  interests  shall  be  made  at  public  auction  to  the  highest  bid- 
der.   All  leases  made  by  said  department  shall  contain  cove- 
nants on  the  part  of  the  lessees  to  make  all  needful  repairs  upon 
or  about  the  property  leased,  and  to  maintain  and  keep  in  good 
condition  the  property  leased  during  the  term  of  the  lease,  under 
the  penalty  of  forfeiture  of  such  lease  and  damages  ;  provided, 
that  the  said  department  may,  in  its  discretion,  make  leases  con- 
taining covenants  that  the  lessees  shall  keep  in  good  order  and 


L'SO 


Ol  TJCKliS  OK  DOCK  DKI'AUT.MKNT. 


Itn,  oh.  :>74, );«, 
Comp.  781. 


luiifs  for  gov- 
ernment and 
earn  of  prop- 
erty. 


TO  fix  penalties 
for  violation 
thereof. 


llow  recovered 


Rents,  fines, 
etc.,  how  dis- 
posed of. 


1871,  eh.  574,  §0, 
Comp.  732. 


Appointment 
of  secretary, 
agents,  clerks, 
etc. 


Annual 

expenses. 


President 

elected 

annually. 


repair,  at  their  own  expense,  the  planking,  string  pieces,  and 
mooring-piles  of  said  wharves,  piers,  and  bulkheads,  reserving 
to  said  department  of  docks  the  rebuilding  and  renewing  of  the 
under -st  ructures  thereof. 

§  717.  The  department  of  docks  shall-  establish  and  enforce 
all  needful  rules  and  regulations  for  the  government  and  proper 
care  of  all  the  property  placed  in  its  charge  and  under  its  control 
by  the  provisions  of  this  title  relating  thereto,  and  shall  furnish 
a  copy  of  such  rules  and  regulations  to  all  the  owners  and  occu- 
pants of  such  property,  and  shall  make  all  needful  orders  and 
adopt  all  resolutions  necessary  to  carry  the  provisions  of  this 
title  relating  thereto  into  effect,  and  fix  penalties  for  disobeying 
such  rules,  regulations  or  orders,  and  shall  publish  such  orders. 
The  violation  of  or  disobedience  to  any  rule,  regulation,  or  Order 
of  said  department  shall  be  a  misdemeanor,  punishable  by  a  fine 
not  exceeding  five  hundred  dollars,  or  by  imprisonment  not  ex- 
ceeding thirty  days,  or  by  both  such  fine  and  imprisonment,  on 
complaint  of  said  department.  The  penalties  aforesaid  may  be 
recovered  by  suit  in  the  name  of  the  mayor,  aldermen,  and  com- 
monalty of  the  city  of  New  York,  and  such  suit  shall  be  prose 
cuted  by  the  counsel  to  the  said  corporation  when  directed  by 
the  board;  and  no  defendant  in  any  such  suit  shall  be  permitted 
to  plead  ignorance  of  any  such  order,  rule,  or  regulation.  All 
rents,  fines,  and  penalties  and  other  money  collected  by  said 
department  or  by  its  direction,  shall  belong  to  the  treasury  of 
said  city,  and  be  paid  into  the  sinking  fund  for  the  redemption 
of  the  city  debt.  Said  board  shall  hold  stated  meetings,  to  be 
specified  in  by  daws,  which  said  board  shall  prepare  and  may 
alter  from  time  to  time. 

4  §  718.  The  said  department  shall  have  power  to  furnish  and 
supply  offices  provided  in"  accordance  with  law  for  the  transac- 
tion of  the  business  of  the  department.  -The  board  of  dock  com- 
missioners shall  appoint  a  secretary  and  such  subordinate  offi- 
cers, clerks,  and  agents,  as  shall  be  necessary  to  assist  said 
board  in  the  performance  of  its  duties  and  the  exercise  of  its 
powers,  and  may  fix  the  compensation  of  all  persons  so  ap- 
pointed; but  the  annual  expenses  of  said  department,  for  rent, 
furniture,  supplies,  and  compensation  of  secretary  and  subordi- 
nate officers,  clerks,  and  agents,  shall  not  exceed  in  the  aggre- 
gate the  sum  of  one  hundred  thousand  dollars.  The  president  of 
said  board  shall  be  elected  annually  by  the  members  thereof, 
and  shall  preside  at  all  meetings  of  said  board,  and  in  case  of 
his  absence  a  temporary  president  may  be  elected  by  the  board 
to  preside.  Any  member  may  resign  his  office  by  written  resig- 
nation sent  to  the  mavor  of  the  citv.  When  any  member  of  said 


ANN  L  AI.  KEl'OKT. 


281 


State. 


board  shall  cease  to  reside  in  the  city  of  Sew  York  his  office  as 
a  member  of  said  hoard  shall  become  vacant. 

§  719i  The  department  of  docks^  shall  annually  present  to  lan.eh.sfy.ts, 
I  he  mayor  of  said  city  a  report  containing:  1.  The  name,  occn-  to mayorfwhai 
pation.  and  compensation  of  all  persons  appointed  and  employed 
by  said  department.         A  statement  of  the  action  of  the  hoard 
for  the  past  year,  classified  with  reference  to  the  various  sub- 
jects ami  duties  which  have  engaged  the  attention  of  the  hoard. 

A  list  of  the  orders  and  rules  made  by  said  board,  and  a  de- 
scription of  the  contracts  made  by  said  department,  the  pay- 
ments made  by  said  department,  and  the  purposes  and  amounts 
thereof,  and  the  leases  made  by  said  department,  for  what  term, 
at  what  rent,  to  whom,  and  for  what  property. 

§  7-J'».  The  commissioners  of  the  land  office  are  hereby  author- 
ized  to  convey  by  proper  instruments,  in  writ  ing,  necessary  for  '"' 
the  purpose,  all  the  property,  right,  title,  and  interest  of  the  peo-  JStwowoedbi 
pie  of  the  State  of  New  York  jn  and  to  the  land  under  water 
used  and  taken  by  the  said  department  for  the  construction  of 
wharves,  docks,  piers,  bulkheads,  basins  and  slips  under  this 
title,  whenever  said  commissioners  may  be  required  by  said  de- 
partment to  make  such  conveyance  to  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New  York. 

§  721.  It  shall  be  lawful  for  the  department  of  docks  to  order  Jg5> ' 11  >' 
and  direct  that  the  water  near  and  adjoining  any  private  wharf,  wwernwy  be 
pier,  dock,  bulkhead,  or  land  within  the  limits  of  the  said  city,  be 
deepened  by  excavating  or  removing  the  earth,  mud,  dirt,  or  • 
Band  therefrom,  and  to  cause  the  same  to  be  done  in  such  places 
and  at  such  times  as  the  said  department  may  deem  necessary 
and  proper. 

£  722.  In  all  cases  where  the  mayor,  aldermen  and  common-  isi8,<  w 
alty  shall  think  it  for  the  public  good  to  enlarge  any  of  the  slips  Oomp.  ism 
in  the  said  city,  they  shall  be  at  liberty  and  have  full  power  so  may^Sa^" 
to  do,  and  upon  paytbg  one-third  of  the  expense  of  building  the  imY.«i, 
necessary  piers  and  bridges,  shall  be  entitled  not  only  to  the  slip-  i  a  "  S.s6j 
age  of  that  side  of  the  said  piers  which  shall  be  adjacent  to  such 
slips  respectively,  but  also  to  one-half  of  the  wharfage  to  arise 
from  the  outermost  end  of  the  said  piers. 

§  1-2'">.  The  provisions  of  this  title  relating  to  the  department  im,cb .  .->:  i. 
of  docks,  its  powers  and  duties,  shall  not  affect  the  powers  of  ^"not'to  ' 
the  captain  of  the  port  and  harbor  masters  of  the  port  of  New 
York.  or  those  of  the  port  wardens  of  the  port  of  New  York,  as  V1;ho«k-i 
the  same  are  defined  by  law.  provided  that  the  department  of  tf.N'  Y  Su|' ' 

»  r  r  Right  to  re- 

docks  may  remove  or  direct  the  removal  of  any  vessel,  raft  or  ™ J*  a^0% , 

float  from  anyplace  where  the  same  shall  be  moored  or  anchored, 

whenever  they  shall  deem  such  removal  necessary  for  the  con- 


282 


MEANING  0F  "  WHABF  PROPERTY.!'  i.'K  . 


IhTO,  ch.  505,  14, 
Corap.  'MS. 
1870,0b.  169,  $4, 

i  iimp.  :H!l 
1879.  ch.  808,  §  I 
I  "onip.  :J30. 


1822,  Ch.  101, 
Comp.  1  l'J5. 

Markets  may 
lie  erected. 


Proviso. 


1881,  eh.  447,  $1. 

Department  of 
'locks  to 
furnish  loca- 
tion for  bath. 


1SS1,  ch.  3U7,  H 
.Slips  in  docks 
to  be  s«t  apart* 
for  use  of  de- 
partment of 
street  cleaning. 


yeniejal  prosecution  of  any  work  undertaken  and  being  done  by 
them. 

§  724.  The  terms  '•property"  and  "wharf  pioperty,"  when- 
ever used  in  this  title,  shall  be  taken  to  mean  not  only  all 
wharves,  piers,  docks,  bulkheads,  slips,  and  basins,  hut  the 
land  beneath  the  same,  and  all  rights,  privileges,  and  easements 
thereto. 

§  725.  The  department  of  docks  shall,  upon  the  requisition  of 
the  department;  of  public  works,  furnish  free  of  charge,  in  the 
vicinity  of  such  location  as  shall  be  designated  by  the  depart- 
ment of  public  works,  accessible,  convenient,  and  safe  berths 
for  mooring  the  free  floating  baths,  authorized  by  law,  of  which 
one  shajl  be  at  Seventeenth  street  and  East  river. 

§  72C.  It  shall  be  lawful  for  the  mayor,  aldermen,  and  com- 
monalty, in  case  they  shall  find  it  necessary,  to  cause  public 
markets  to  be  erected  and  kept  over  the  waters  of  the  East  and 
North  rivers  adjoining  to  any  of  their  docks  or  wharves;  pro- 
vided, that  such  markets  shall  not  interfere  with  the  flow  of  the 
waters  of  the  said  rivers,  nor  be  built  beyond  the  pier  or  bulk- 
head line  established  by  law. 

§  727.  The  department  of  docks  shall,  upon  the  requisition  of 
the  department  of  public  works,  furnish  free  of  charge  a  suitable 
location  in  the  Fifth  ward  whereat  a  public  floating  bath  shall  be 
permanently  maintained  and  located,  except  when .  in  winter 
quarters,  and  which  location  shall  afford  an  accessible,  con- 
venient, and  safe  berth  for  mooring  the  said  floating  bath. 

§  72S.  The  department,  bureau  or  city  officer,  authority  or 
authorities,  which  shall  from  time  to  time  have  the  manage- 
ment and  control  of  the  public  docks,  piers  and  slips  of  the  city, 
shall  designate  and  set  apart  for  the  use  of  the  commissioner  of 
street  cleaning,  suitable  and  sufficient  slips,  piers,  and  berths  in 
slips,  located  as  the  said  commissioner  may  require,  and  such  as 
shall  be  convenient  and  necessary  for  his  #se  in  executing  the 
duty  imposed  upon  him,  excepting  slips,  docks,  and  piers  on 
the  East  river  set  apart  for  the  use  of  canal  boats. 


BULKHE  \l>   \M>  PIBH  LINK 


Title  2.  -The  Harbor  and  Waters. 

$  ;•_>;•.  Nogranteof  land  under  water  shall  be  made  by  the  l^;;^  * 

common  council  of  tlio  city  of  New  Yotk,  or  by  any  officer,  OrantaofUuid 

beard,  or  department  thereof ,  beyond  the  exterior  lines  of  the  jr1^!.,, 

city,  ae  fixed  by  an  act  of  the  legislature  passed  April  seven-     «w,c  ■ 

teenth,  eighteen  hundred  and  fifty-seven,  entitled  "an  act  to  es- 
tablish bulkhead  and  pier  lines  for  the  port  of  New  York*'  a< 
amended  hy  subse<pient  acts,  unless  as  expressly  authorized  by 
nets  passed  subsequent  thereto. 

§  780.  The  department  of  public  parks  may,  if  it  deem  it  coSphii5a'  ' 
necessary  for  the  public  interests,  alter  and  amend  any  pint  or  gJJ^Jf- •A 

narta  of  the  nier  and  bulkhead  lines  in  Spuyten  Duvvil  creek  Bulkhead  any 

-i  «•        t  pier  lines  In 

and  the  Ilarleni  river;  and  upon  its  tiling-  jn  the  office  of  t  he  sec-  iia.-i.-m  m.-r 

,  .  ami  Spuyten 

retary  of  State  a  map  or  maps  showing  any  alterations  or  i»ivwii <•«»* 

amendments  that  it  has  made,  the  bulkhead  lines  so  shown  on 
such  map  shall  become  and  be  the  established  pier  and  bulk- 
head lines. 

§  731.  Except  as  in  this  chapter  otherwise  provided,  it  shall  '?~'miVV.n 
not  be  lawful  to  erect  any  pier  exterior  to  the  bulkhead  line  comp^iwl 
established  by  •  law  which  shall  exceed  seventy  feet  in  width,  ^jNmivll;! 
with  intervening  water  spaces  between  such  piers  of  at  least  one 
hundred  feet;  nor  shall  it  be  lawful  to  extend  such  pier  or  piers 
beyond  the  exterior  or  pier  line  nor  beyond  or  outside  of  the  sea 
wall  established  by  law. 

£  T:>2.  It  shall  not  be  lawful  for  any  person  to  build,  erect,  ^eolilp' k>  . 
nr  maintain  any  pier,  bulkhead,  or  other  structure,  or  to  fill  in  piers  and  other 

structurps 

with  earth  or  other  material,  in  the  waters  of  the  harbor  of  New  --r.-.-ti..,,  of, 

/  beyond  ext<-- 

York,  beyond  the  exterior  line  defined  and  recommended  by  the  h^L}taepro" 
commissioners  for  the  preservation  of  the  harbor  of  New  York, 
and  established  in  and  by  chapter  seven  hundred  and  sixty- 
three  of  the  session  laws  of  eighteen  hundred  and  fifty-seven 
and  the  amendments  thereof;  and  in  case  of  the  building  or 
erection  of  any  such  pier,  bulkhead,  or  other  structure,  whether 
now  existing  or  hereafter  erected,  the  board  of  commissioners 
of  pilots  shall  notify  the  person  or  persons  building,  erecting,  or  £<n^}t0 
maintaining  the  same,  to  remove  the  same  within  a  time  to  be 
prescribed  and  specified  in  their  notice;  and  in  cases  of  failure  to 
comply  with  such  notice,  the  said  board  of  commissioners  of  R*«novaiby 

•  •  -  •  *  commissioner* 

pilots  shall  have  power  to  cause  so  much  of  such  pier,  bulkhead,  of  pilots, 
or  structure,  as  is  beyond  the  exterior  line  so  defined  and  estab-  Ssn!  y'.h.' 
lished,  to  be  forthwith  removed,  and  the  person  or  persons  who  iHun,io5. ' 
built  or  maintained  the  same  shall  be  liable  to  pay  all  expenses 
of  such  removal,  to  be  recoverable  by  and  in  the  name  of  the 
board  of  commissioners  of  pilots,  and  shall  also  pay  a  fine  of 
twenty-five  dollars  a  day  for  each  and  every  day  during  which 


IIAUBOK  OBSTRUCTIONS, 


ihseritiei 
nets  of  the 

legislature  not 
affected* 


1M6H,  eh.  ISO, 
as  amended 
1S72,  oh.  4K7,  |1, 

Comp.  im*. 
Proprietors  of 
ihikI  under 
rater  may 
erect  piers.  eto. 


1870,  eh.188, Hi, 
t,  C'onip.  1551. 
Time  for  Im- 
proving land* 

I'HtclKlHll. 


I860,  eh.  688,  $1. 
fomp.  156C. 
Port  and  har- 
bor of  New- 
York  to  be  kept 
clear  of  ob- 
st  ructions. 
73  N.  Y.  303:  GS 
X.  Y.  71;  7  Hun, 
105;  5  Rob.  285, 
360;  20  N.  T.S87. 


such  obstruction  shall  remain  after  such  notice,  and  until  such 
pier,  bulkhead,  or  other  encroachments  shall  have  been  re- 
moved, as  herein  provided.  This  section  shall  not  apply  to 
piers  or  bulkheads  built  before  the  establishment  of  said  exterior 
line.  Nothing  in  this  section  contained  shall  apply  to  or  affect 
any  act  of  the  legislature  in  relation  to  the  bulkhead  or  pier  lines 
of  the  harbor  of  New  York,  passed  subsequently  to  April  twenty- 
seventh,  eighteen  bundled  and  sixty. 

7:».">.  It  shall  be  lawful  for  the  proprietors  of  grants  of.  land 
under  water  in  the  Harlem  river,  between  the  termination  of  the 
Third  avenue  and  the  East  rivet,  instead  of  building  an  exterior 
continuous  bulkhead,  as  laid  out  by  the  harbor  commissioners, 
to  erect  piers  and  wharves  therein,  and  to  excavate  the  slips  be- 
tween  the  same;  but  in  no  case  shall  any  such  pier  or  wharf  be 
extended  into  the  river  further  than  the  said  exterior  line,  as  fixed 
by  tin;  said  harbor  commissioners. 

?:  7te.  The  period  of  time  fixed  for  the  appropriation  to  the 
purposes  of  commerce  by  the  construction  of  a  dock  or  docks,  and 
filling  in  the  same,  in  all  letters  patent  issued  by  the  people  of  the 
State  of  New  Fork  to  the  owners  of  the  adjacent  upland  for 
lands  under  water  and  between  high  and  low  water-mark  in 
front  of  and  adjacent  to  the  lands  of  the  said  owners  of  the  ad- 
jacent upland  on  the  easterly  shore  of  the  Harlem  river,  is  ex- 
tended until  t  wo  years  after  the  time  when  plans  for  the  improve- 
ment of  said  river  shall  have  been  or  shall  be  completed  by  the 
proper  authorities,  and  copies  of  such  plans  filed,  one  in  the  office 
of  the  register  of  the  city  and  county  of  New  York,  and  one  in 
the  office  of  the  secretary  of  State  at  Albany. 

§  735.  It  shall  not  be  lawful  to  obstruct  or  interrupt  the  navi- 
gation of  the»waters  of  the  port  and  harbor  of  New  York  by  any 
incumbrance  whatever;  and  in  case  of  any  such  obstruction  or 
interruption  by  reason  of  any  sunken  vessel  or  other  thing,  the 
board  of  commissioners  of  pilots  shall  notify  the  owner  or  owners 
of  such  vessel  or  thing,  if  such  owner  or  owners  are  within  the 
city  and  county  of  Netv  York,  and  are  known  to  them,  to  re- 
move the  same  within  three  days  after  such  notice;  and  in  case 
such  owner  or  owners  are  not  known  to  the  said  board  of  com- 
missioners of  pilots,  or  are  not  within  the  said  city  and  county  of 
New  York,  or  fail  to  comply  with  such  notice,  the  said  board  of 
commissioners  of  pilots  shall  cause  the  said  obstruction  to  be  re- 
moved, and  the  expenses  of  such  removal  shall  be  paid  by  the 
county  within  whose  jurisdiction  such  vessel  or  thing  shall  be, 
and  shall  be  recoverable  from  the  owner  or  owners  of  such 
vessel  or  thing,  by  and  in  the  name  of  the  mayor,  aldermen,  and 
commonalty.  Such  expenses  shall  also  be  a  lien  on  the  vessel  or 
thing  so  removed  until  paid. 


HARBOR  OB8TRU1  l  IOXS. 


$  730.  it  shall  not  he  lawful  exec  pt  in  cases  now  provided  by  ^\7-''h-,^,.'.»1:1- 
law,  for  any  person  tt»  erect  or  drive  in  the  soil  under  water  in  Fidi  poiet 
the  liarbor  of  New  York,  any  poles  for  the  purpose- of  fishing, 
where  the  water  is  of  greater  depth  than  six  feet  at  mean  low 
tide,  under  the  penalty  of  live  dollars  foi  each  pole  erected  or 
driven  contrary  to  the  provisions  of  this  section  ;  and  it  shall  he 
the  duty  of  the  board  of  commissioners  of  pilots  to  cause  the 
same  to  be  removed. 

$  737.  No  person  shall.fish  with  seines  or  any  sort  of  nets,  or  iW5.ch.ai.Mi, 

■  '    '  *  J  '        a,  Comp.  ICO). 

set  draws,  or  raise  any  seme  or  net  in  any  part  of  the  channel  i'n,i,ii,ui,,.i 
of  the  Hudson  river  north  of  Castle  Garden  in  the  city  of  New  '" 1 

York,  between  the  hours  of  six  o'clock  in  the  evening  and  six 
o'clock  in  the  morning.  Every  person  who  shall  violate  any 
provision  of  this  section  shall  he  guilty  of  a  misdemeanor,  and  Pewit* 
shall  be  punished,  on  conviction,  by  imprisonment  in  a  county 
jail  not  less  than  thirty  days,  or  by  a  fine  not  less  than  twenty- 
five  dollars,  in  the  discretion  of  the  court. 

§  73$.  No  person  shall  set  or  place,  or  cause  to  be  set  or  ias.ch.ao, 
placed,  during  the  months  of  March.  April,  or  May  in  any  year  comp/ilo*! 
in  any  of  the  waters  of  this  State  at  or  below  the  city  of  New  2JdK?New 
York,  any  fike-net,  gill-net,  hoop-net,  set-net.  or  any  other  net  York 
or  weir,  by  means  of  any  hedge,  stake,  stone,  post,  pole,,  anchor 
or  any  other  fixture  to  extend  into  the  channel  of  said  waters,  or 
to  any  greater  distance  from  the  shore,  in  any  case,  than  twenty 
rods  from  the  ordinary  low  water  mark.    "Whoever  shall  violate 
the  provisions  of  this  section  shall,  for  every  offense,  forfeit  the 
sum  of  one  hundred  and  fifty  dollars  for  the  list  of  the  poor  of 
the  county  in  which  such  offense  shall  be  committed,  to  be  sued 
for  in  the  name  of  the  people  by  the  district  attorney  of  any 
county  bordering  on  the  waters  on  which  the  offense  shall  have 
been  committed,  to  whom  notice  shall  first  be  given  of  the  com- 
mission of  such  offense: 

|  739.  It  shall  not  be  lawful  for  any  person  to  set  or  use,  for 
the  purpose  of  taking  or  capturing  fish,  a  like  or  set-net,  or  other  SSamend 
net,  in  the  waters  of  the  Harlem  river,  or  of  the  East  river,  or  <1?07mphi$^; 
the  adjacent  waters,  or  of  the  confluent  brooks  within  five  miles,  Tak-in-  of  Bah 

.  'm  Harlem  river 

in  any  direction  from  the  Middle  (i ate,  so-called,  in  said  East  nnd  other 

.  -  waters. 

river,  or  m  any  of  the  adjacent  waters  or  confluent  brooks  of  the 
main  shore  and  located  between  the  said  Middle  Gate  and  Fort 
Schuyler  so  far  as  the  same  are  within  the  county  of  New  York. 
Any  person  violating  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall,  on  conviction,  be 
subject  to  a  fine  of  not  less  than  twenty-five  dollars  or  more  than 
one  hundred  dollars,  or  imprisonment  for  not  less  than  ten  days 
or  more  than  thirtv  davs. 


1872,  ch."486, 


l'enallv. 


fl  IRBOH  OBSTRUCTION'S. 


isru.  ch.  3io,  si, 
Comp.l600,lWl. 
Dumping  iii 
river  prohibit 

ed. 


I880,ch.  aor.feio. 
Snow  and  ice 
may  he-Mumped 
from  ends  "f 
piers  .t 


1870,  ch.  870, 
BIS,  a,  Comp, 

1000,  1001. 
Penalty. 


Further  pen 
alty. 


187ti,  eh.  37ti,  §4. 
Comp.  1601,  as 
amended  1880, 
ch.  315,  §1. 
Act  not  to  ap- 
ply to  filling  in 
of  land  under 
water  granted 
>>v  State,  etc. 


§  740.  It  shall  ho  unlawful  fur  any  person  or  persons,  by 
means  of  any  boats,  scows,  or  vessels,  or  in  any  other  manner 
whatever,  to  cast,  throw,  dump,  or  deposit  any  mud,  earth,  soil, 
ashes,  refuse,  stone,  rock,  or  other  solid  substance  or  materials, 
into  the  wat'Ts  of  the  North  <>r  Hudson  river  within  the  city  of 
New  York,  or  to  place,  construct,  or  build  any  contrivance,  sub- 
stance, or  thing  whatever,  within  said  waters,  which  shall  or 
may  operate  in  any  manner  whatever  to  lessen  or  decrease  the 
depth  of  such  waters,  or  in  any  manner  whatever  interfere  with 
navigation  therein,  or  imperil  or  jeopardize  the  free  and  safe 
navigation  thereof,  or  tend  in  any  manner  thereto. 

§  741.  It  shall  be  lawful  for  the  commissioner  of  street  clean- 
ing to  cause  to  be  dumped,  or  authorize  to  be  dumped,  snow  and 
ice  from  the  ends,  or  near  the  ends,  of  any  piers,  into  the  waters 
of  the  East  and^North  or  Hudson  rivers.  But  no  dead  animals, 
carrion,  street  sweepings,'  garbage,  or  any  putrid,  offensive, 
decaying,  or  refuse  vegetable  or  animal  matter  shall  bo  deposited 
in  violation  of  sections  seven  hundred  and  forty -iiine.  and  seven 
hundred  and  fifty. 

•!  74'J.  Any  person  designedly  doing  any  act  forbidden  by  the 
provisions  of  the  last  section  but  one  shall  be  deemed  guilty  of  a 
misdemeanor  and  liable  to  imprisonment  for  a  term  of  not  more 
than  sixty  days,  or  to  a  fine  of  not  more  than  one  hundred  dol- 
lars, or  both,  in  the  discretion  of  the  court,  for  each  and  every 
offense,  and  may  be  arrested  by  the  authorities  of  said  county. 
The  courts  in  said  county  shall  have  power  and  jurisdiction  to 
try  such  offender  or  offenders.  Any  marshal,  policeman,  sheriff, 
under  or  deputy  sheriff,  or  alderman  of  the  city,  finding  or  seeing 
and  person  or  persons  offending  against  the  provisions  of  the 
said  section  may  and  it  is  hereby  declared  to  be  his  duty  to 
arrest,  without  warrant,  such  person  or  persons  so  offending,  and 
them  to  take  before  the  nearest  magistrate  to  be  dealt  with  for 
such  offense  according  to  law.  Any  person  offending  against 
the  provisions  of  the  said  section  shall  also  forfeit  and  pay 
a  penalty  of  fifty  dollars  for  each  offense,  to  be  recovered  by 
suit  or  action  at  law  in  any  court  having  jurisdiction.  Such 
action  may  be  brought  in  the  name  of  the  mayor,  aldermen, 
aud  commonalty,  and  the  sum  of  money  recovered  in  such 
action  shall  be  for  the  benefit  of  the  poor  of  said  county. 

§  7 43.  The  sections  seven  hundred  and  forty  and  seven  hundred 
and  forty -two  shall  not  apply  to  the  depositing  of  substances 
upon  the  building  of  wharves  or  piers  upon,  or  the 
filling  in  of  land  under  water,  granted  by  the  people  of 
the  State  of  New  York  to  any  person  or  persons,  provided 
a  permanent  and  substantial  bulkhead  be  first  properly  and 
securely  built,  inclosing  the  whole  area  of  any  such  pier  or 
wharf  proposed  to  be  so  built  or  constructed  ;  nor  shall  such 


II  \KIH)K  Olis'l  Kt  I  TI0N8. 


•J  8  7 


sections  applj  t<»  the  sweeping,  washing,  or  i-li-uiiin^ ;  from  tho  ;;;; 1',',' 
decks  of  the  canal  boats,  freight,  passenger,  or  pleasure  boats,  -f 
01  vessels,  of  such  dirt  only  as  collects  naturally  thereon  from 
the  use  thereof  by  human  beings  using  the  same  for  transpor- 
tation Or  pleasure,  DOT  the  hauling  of  lire  from  the  furnace  3fi££gata" 
grate  of  any  steamboat  having  staterooms  above  the  main  deck,  >'""• 
provided  no  coal  or  ashes  shall  be  dumped  from  the  ash-bOX  of 
said  steamboats;  nor  to  the  setting  of  shad-poles  in  the  shad 
season,  nor  to  the  use  of  any  other  devices  or  contrivances  for 
the  purpose  of  fishing  in  am-  season  of  the  year,  but  no  such 

*         „     ,  .        •     ,      .      '  «       _  ,  ,         iiii        n  it.       Nor  lo  HcttiiiK 

setting  of  shad*poles  or  devices  tor  fishing  shall  be  allowed  be-  otahod-poi« 
low  the  northerly  line  established  by  the  harbor  commissioners 
of  the  city  of  New  York  ;  nor  shall  said  section  apply  to  throw- 
ing overboard  the  refuse  and  waste  matter  which  ordinarily  ac- 

malti-r  on 

cumulates  in  and  about  canal  boats  engaged  in  the  transporta-  °* 
tion  of  goods  and  merchandise.    But  this  section  shall  not  be 
construed  to  authorize  the  throwing  in  said  water  of  food,  or 
any  contrivance  or  device  in  which  food  may  be  kept,  carried, 
or  preserved. 

§  f  44.  In  case  any  mud-scow  from  which  mud,  earth,  soil,  comp.iew. 
ashes,  refuse,  stone,  rock,  or  other  solid  substance  shall  be  cast, 
thrown,  dumped,  or  deposited  as  specified  in  section  seven  nun-  BC0W8, 
dred  and  forty,  shall  be  towed  by  a  steamboat  or  tug  to  the 
point  at  which  such  substance  shall  be  thrown,  dropped,  cast, 
dumped,  or  deposited,  the  master  of  such  steamboat  or  tug,  and 
the  contractor  using  the  same,  shall  be  jointly  and  severally 
liable  to  a  penalty  of  two  hundred  dollars  for  each  and  every 
such  offense,  recoverable  in  an  action  by  said  mayor,  aldermen, 
and  commonalty,  in  any  court  having  jurisdiction  of  an  action 
for  penalties  not  exceeding  two  hundred  dollars,  for  the  benefit 
of  tho  poor  of  said  county. 

§  745.  Any  person  who  shall  accept  any  money  or  other  compromising 
valuable  thing  by  way  of  compromise  for  the  violation  of  any  aememo* 
of  the  provisions  of  sections  seven  hundred  and  forty  or  seven 
hundred  and  forty-four,  without  the  approval  of  the  court,  shall 
be  deemed  guilty  of  a  misdemeanor. 

§  74G.  It  shall  not  be  lawful  to  throw,  or  cause  to  be  thrown  as  amended'  ' 
into  the  waters  of  the  port  of  New  York,  within  the  city  and  ists!  chins,  si; 
county  of  New  York,  or  at  any  point  opposite  to  or  adjacent  to  cinders  or 
the  shores  of  the  city  and  county  of  New  York,  on  the  Hudson  ^ro\vn°nto° 
liver,  or  beLow  Throg's  Point,  on  the  East  river,  nor  in  the  bay  of^rvS*/ 
inside  of  Sandy  Hook,  any  cinders  or  ashes  from  any  steamboat,  dS^m?'  ' 
under  the  penalty  of  one  hundred  dollars  for  each  and  every  Penalty, 
offense,  recoverable  by  the  board  of  commissioners  of  pilots, 
and  for  such  penalty  the  steamboat  from  which  such  cinders  or 
ashes  were  thrown,  its  master  and  owner  shall  be  liable;  and 
such  offence  is  hereby  made  a  misdemeanor,  and  every  person 


HARBOB  OBSTBUi  TIONS. 


Kxaminatioiiof 
steamboats. 


Mr;,,  eh.  148,  S:' 
Comp.  1608. 


Scows  to  re- 
ceive !lslli~ 
uarbapp,  etc., 
from  steam 
vessels 


1857,  oh.  671,17, 
amended 

1878,  eh.  411,  Jl. 
Comp.  1590. 
Mud.  sand.  etc.. 
how  disposed 
of. 


Penalty. 


1881,  eh.  310.  S§1 

a,  3, 4. 

Street  sweep- 
ings.etc,  not  to 
be  dumped  in 
waters  of  port 
of  New  York, 
etc. 


committing  Mich  offense  may,  upon  being  found  guilty  thereof, 
be  punished  therefor  by  a  fine  not  exceeding  one  hundred  dot 
lars,  or  by-  imprisonment  for  sixty  days,  or  by  both,  at  the  dis- 
cretion of  the  court,  upon  the  complaint  of  said  commissioners, 
their  agent,  or  any  other  person;  and  any  steamboat  having  any 
pipe  or  opening  so  constructed  below  the  water-line  as  to  admit 
of  putting  ashes  or  cinders  through  the  same  into  the  water, 
shall  be  liable  to  a  fine  of  fifty  dollars  for  each  and  every  day 
such  pipe  or  opening  shall  exist,  to  be  recoverable  by  the  said 
commissioners  in  an  action  against  the  owners  of  such  steam- 
boat. Tl  uhall  be  lawful  for  either  of  said  commissioners  of 
pilots,  or  the  agent  of  said  board  of  commissioners  of  pilots,  at 
any  time  in  the  day  time,  to  go  on  board  of  and  examine  any 
steamboat  in  the  harbor  of  New  York,  for  the  purpose  of  ascer- 
taining whether  any  such  pipe  or  opening  exists  on  such  steam- 
boats. 

§  717.  The  various  scows  employed  by  the  city  of  New  York, 
or  by  the  contractors,  for  removing  the  ashes,  garbage,  and 
refuse  of  said  city,  while  moored  at  the  various  dumping-boards 
of  said  city,  are  hereby  designated  and  required  to  receive  directly 
any  and  all  ashes,  garbage,  or  rubbish  from  any  steam  tug  or 
steam  vessel  in  the  harbor-  of  New  York,- and  in  addition  to  the 
foregoing  provisions,  two  or  more  scows  shall  be  located  at  one 
or  more  of  the  said  dumping-hoards  on  the  East  and  North  rivers 
respectively,  or  at  such  other  points  as  the  commissioners  of 
pilots  may  direct,  for  the  special  use  of  boats  and  vessels  wishing 
to  discharge  ashes,  garbage,  or  rubbish;  and  the  ashes,  garbage, 
and  rubbish  received  by  all  the  said  scows  shall  be  disposed  of 
as  part  of  the  refuse  of  and  at  the  expense  of  the  said  city. 

.i  74S.  AYhen  any  slip,  basin,  or  shoal  in  the  port  of  New 
York  shall  be  dredged  or  excavated,  it  shall  be  the  duty  of  the 
person  or  persons  causing  the  same  to  be  dredged,  to  cause  the 
sand,  mud  or  other  materials  so  dredged,  to  be  towed  to  sea  at  a 
point  at  least  three  miles  outside  of  Sandy  Hook,  or  deposited  at 
some  place  above  high-water  mark,  or  to  be  deposited  behind  a 
bulkhead  for  filling,  and  any  person  willfully  violating  the  pro- 
visions of  this  section  shall  forfeit  and  pay  to  the  board  of  com- 
missioners of  pilots  the  sum  of  five  dollars  for  every  cubic  yard 
removed,  not  so  disposed  of,  one-half  of  which  shall  be  retained 
by  the  commissioner's. 

§  749.  No  street  sweeping,  dredging  from  slip  or  other  places, 
earth,  dirt,  stone  ballast  from  vessels,  ashes,  swill,  garbage,  dead 
animals  or  portions  thereof,  decayed  or  other  vegetables  or  . 
fruits,  bedding  or  refuse,  or  rubbish  of  any  kind,  or  any  articles, 
shall  be  dumped  or  deposited  in  the  waters  of  the  port  of  New 
York,  or  in  the  rivers  or  waters  adjoining  the  city  of  New  York, 


IIAHIIOK  OI!STHl'(TIONS. 


or  in  thf  waters  of  Now  York  harbor,  or  New  York  bay,  or  in 
the  Hudson  river,  (lie  Kast  river,  Long  Island  sound,  and  waters 
adjacent  thereto  west  of  the  middle  ground  shoal,  or  in  the 
navigable  waters  lying  between  the  said  sound  and  the  East 
river,  nor  in  the  waters  bounding  or  adjoining  the  port  or  har- 
bor of  New  York,  or  the  upper  bay;  nor  shall  am  article  or  sui.M.m. . , 

'  11  *  '  J  (ImieiToiiH  to 

thing  that  is  liable  to  convev  disease,  oris  putrid,  unwholeso  ,  i»-uiiii n.u to i..- 

noxious,  or  dangerous  to  tbo  public  health,  or  dangerous  to 
navigation,  be  cast,  thrown,  placed,  deposited,  or  suffered  or 
permitted  to  become  in  said  waters,  or  placed  or  suffered  to  bo 
placed  where  said  water  would  ordinarily  or  naturally  rise  upon, 
take  or  receive  them,  excepting,  however,  the  ordinary  discharge 
of  sewers  constructed  under  the  authority  of  the  laws  of  the 
State  within  which  they  are  located.  The  above  provisions  shall 
apply  to  lands  under  the  waters  as  well  as  to  the  latter.  This  construction  of 
section  shall  not  apply  to  the  erection  or  construction  of  any  Pier».etc- 
pier,  dock,  bulkhead,  or  the  making,  by  filling  in,  in  a  proper 
manner,  of  any  land,  in  case  where  the  erection  of  such  piers, 
docks  or  bulkheads,  or  making,  by  filling  in,  of  land  is  now 
authorized  by  the  laws  of  the  State.  The  prohibition  to  dump 
solid  material  in  said  port,  harbor,  or  rivers,  or  to  make  and  con- 
struct works  to  change  and  improve  channels  shall  not  apply  to 
works  undertaken  by  the  government  of  the  United  States  in 
the  port  and  harbor  of  the  city  of  New  York,  or  authorized  by 
the  laws  of  the  State  of  New  York.  The  violation  of  any  of  the  violation  of 
provisions  of  this  section  shall  be  deemed  a  misdemeanor,  and  misdemeanor, 
the  person  so  violating  the  same  shall,  upon  conviction,  be  pun- 
ished by  the  infliction  of  a  fine  of  not  less  than  fifty,  or  more 
than  one  thousand,  dollars  for  each  olTense,  or  by  imprisonment 
as  is  now  provided  in  the  case  of  misdemeanors,  or  both.    Any  Pilots-  JJ5" 

'  -     may  mak>- 

pilot,  shore  inspector,  harbor  master  or  port  warden  of  the  port  ftrrests- 
of  New  York,  the  police  of  the  cities  of  New  York  and  Brooklyn, 
or  any  city  marshal  or  constable  within  the  said  district,  and 
upon  the  waters  mentioned  in  this  section,  shall  have  power  to 
arrest  all  persons  and  to  deliver  into  custody  any  person  or  per- 
sons taken  in  the  act  of  violating  any  of  the  provisions  of  this 
section. 

75o.  It  shall  not  be  lawful  for  any  person  or  persons  to  sail,  wso,  ch.  #3,  ss. 
navigate,  or  move,  or  to  aid,  direct,  or  assist  in  sailing,  navigat-  Bananjtboat 

containing  anv 

ing,  or  moving,  or  to  be  eniplo}'ed  upon,  or  to  accompanv  any  u>a<i  animal  for 

,       .  ....  i-i  !_•■«'■     purpose  of  cast- 

boat  or  vessel  containing  any  such  animal  or  material  as  is      same  into 

named  in  the  preceding  section,  through  or  upon  the  waters  of  out  permit 

that  part  of  New  York*bay  known  as  the  narrows,  and  lying 

between  Forts  VYadsworth  and  Hamilton,  or  any  part  of  said 

bay  south  of  said  Narrows,  with  the  intent  or  for  the  purpose  of 

throwing  or  casting  such  animal  or  material,  or  any  portion 


290 


HARBOR  OBSTRUCTIONS. 


iw:>,  ch.  aoi.  i 
Comp.  603. 
Refute  from 
BBS  works. 


I  Iffelldrr* 

guilty  of  n 
misdemeanor. 

1880.  ch.  461,  i0. 
As  to  refuse 

matter  from 
streets. 


lrCo,  ch.  604, 
Conip.  1598. 
Misdemeanor 
and  punish- 
iiH'iit  thereof. 


What  court.s 
have  jurisdic- 
tion. 


thereof,  into  the  oeeau  or  sea,  or  in  any  portion  of  the  waters 
mentioned  in  the  last  preceding  section,  w  ithout  a  permit,  in 
writing,  first  ohtained  therefor  from  the  inspector  appointed  or 
to  be  appointed  under  chapter  six  hundred  and  four  of  the  laws 
of  eighteen  hundred  and  seventy-five,  and  the  amendments 
thereof,  who  shall  have  the  power  of  granting  such  permits 
from  time  to  time  as  he  shall  deem  proper,  and  which  shall  not 
be  inconsistent  with  the  last  preceding  section,  and  having  such 
regard  to  the  course  and  condition  of  the  then  existing  winds 
and  tides  as  in  his  judgment  shall  best  tend  to  prevent  the  sub- 
sequent return  or  deposit  of  any  such  contents  of  said  boat  or 
vessel  within  the  waters  of  this  State,  if  cast  upon  the  waters 
beyond  the  jurisdiction  thereof. 

^  T.">1.  It  shall  not  be  lawful  for  the  manufacturers  of  gas,nor 
for  any  other  person,  to  throw  or  deposit  any  gas-tar  or  refuse  of 
the  gas-houses  or  factories  in  the  county  of  New  York,  into  any 
public  waters,  river,  or  stream,  nor  into  any  sewer  or  stream 
running  or  emptying  into  any  such  public  waters,  river  or 
stream;  and  whoever  shall  offend  against  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor.  ' 

§  752.  It  shall  not  be  lawful  for  any  person  or  persons  to  sail, 
navigate,  or  move,  or  to  aid,  direct,  or  assist  in  sailing,  navigat- 
ing, or  moving,  or  to  be  employed  upon  or  to  accompany  any 
boat  or  vessel  engaged  in  the  transportation  of  any  dead  animal, 
carrion,  offal,  or  any  putrid,  offensive  refuse,  decaying  or  de- 
cayed vegetable  or  animal  matter,  or  any  garbage  or  sweepings 
taken  from  the  streets  of  any  city,  upon  the  waters  referred  to 
in  the  last  section  but  one,  unless  the  same  be  propelled  or  moved 
by  steam  power;  and  it  shall  not  be  lawful  for  any  steam  vessel 
to  tow  or  carry  any  of  the  articles  mentioned  in  this  section, 
unless  its  name  be  plainly  painted  on  each  side. 

§  753.  Any  person  offending  against  the  provisions  of  sections 
seven  hundred  and  fifty  and  seven  hundred  and  fifty-two  shall 
be' deemed  guilty  of  a  misdemeanor,  and  liable  to  imprisonment 
for  a  term  of  not  less  than  six  months  and  to  a  fine  of  not  less 
than  five  hundred  dollars,  in  the  discretion  of  the  court,  for  each 
and  every  offense,  and  may  be  arrested  by  the  authorities  of 
either  of  the  counties  of  New  York,  Kings,  Queens,  "Westchester 
or  Richmond.  The  courts  in  said  counties  respectively  shall  have 
power  and  jurisdiction  to  try  said  offenders,  whether  the  offense 
be  committed  within  their  respective  counties  or  not.  Out  of 
any  moneys  received  for  fines,  such  sum  or  sums  shall  be  allowed 
and  paid  for  the  expenses  and  disbursements  attending  the  ar- 
rest, as  the  court  or  magistrate  may  deem  reasonable  and 
proper. 


LIGHTS  ON  VESSE1  8. 


201 


5$  7M.  Consent  lias  hcen  given  and  the  United  States  is 
authorized  to  lav  and  use  water  and  gas  pipes  and  telegraph  lines 
under  Buttermilk  channel,  from  the  city  of  Brooklyn  to  Gov- 
ernor's  Island  in  New  York  harbor.  Any  pei-son  who  shall  will-  ^T^Jjury  • 
fully  do,  or  cause  to  he  done,  any  act  or  acts  whereby  any  of  etc- 
said  gas  or  water  pipes,  or  telegraph  lines,  or  the  materials 
thereof  or  any  matter  or  thing  appertaining  to  the  same,  shall 
he  stopped,  ohstrncted,  impaired,  weakened,  injured  or  destroyed, 
shall,  on  conviction  thereof,  he  di  emed  guilty  of  a  misdemeanor, 
and  he  punished  by  a  fine  not  exceeding  five  hundred  dollars, 
or  imprisonment  in  the  county  jail  not  exceeding  one  year,  or 
both;  at  the  discretion  of  the  court  before  which  the  conviction 
shall  he  had.  Any  master  or  other  person  in  charge  or  command  Anrimnmeof 

J  vessels,  or  pine- 

of  any  ship,  boat,  or  vessel,  who  shall,  after  notice,  come  to  n$sd™**or 

anchor  over  said  lines  or  pipes,  or  in  the  neighhorhood  thereof,  and 

therein'  injure  or  molest  them,  or  shall  not  quit  such  anchorage 

on  notice,  or  shall  knowingly  place  any  drag  or  net  over  said 

pipes  or  dines,  so  as  to  interfere  with  them,  shall  he  deemed 

guilty  of  a  misdemeanor,  and  punished  as  herein  provided.  Such  j^'0*  oMoC!l" 

notice  of  the  general  location  of  said  pipes  and  lines  may  be 

either  oral  or  by  a  sign  conspicuously  placed,  either  at  the 

Brooklyn  or  Governor's  Island  termination  of  said  pipes  and 

lines. 

£  7.V>.  Whenever  any  vessel  navigating  that  part  of  the  Hnd-  t'm©  VsisT' 
son  river  which  is  north  of  the  Batterv,  or  navigating  the  bar-  S°mp: 

»  '  °         °  \  essels  to  show 

hor  of  New  York,  embracing  the  bay  as  far  as  the  village  of  }£hts  in  n'sht 
C'astleton,  on  Stat  en  Island,  and  thence  up  the  East  river  as  far  ^^h.^, 
as  the  south  point  of  Blackwell's  Island  shall  be  at  anchor  in  the  1  a  Kch.  so, 

1  title  10,  §12, 

night  time,  the  master  of  such  vessel  shall  cause  her  peak  to  be  Co,nP- 159°- 
lowered,  and  shall  cause  a  good  and  sufficient  light  to  be  shown 
in  some  part  of  her  rigging,  at  least  twenty  feet  above  her  deck, 
and  from  her  taff rail,  under  the  penalty  of  fifty  dollars,  to  be 
sued  for  and  recovered  against  the- master  of  such  vessel,  by  the 
commissioner  of  charities  and  correction.    And  in  case  such  when  owners 

of  vessels 

penalty  cannot  he  collected  from  the  master,  the  owners  of  such  "able  for. 
vessel  shall  be  liable  therefor,  in  the  same  manner  as  if  they 
were  sureties  of  such  master.    In  addition  to  the  foregoing  pen-  tan, ch. 349, 
alty,  it  shall  not  bo  lawful  for  the  master  or  owner  of  any  vessel  Damans91' 
offending  against  the  provisions  of  the  said  section  to  recover 
damages  for  any  injuries  such  vessel  may  sustain  in  consequence 
of  any  collision  growing  out  of  a  non-compliance  with  the  pro- 
visions of  this  section. 

§  756.  Any  person  mooring  any  vessel  to  any  of  the  buoys  or  ^Vom£rij96 
beacons  placed  in  the  harbor  of  New  York  by  the  United  States  ^J°?0snand 
light-house  board,  or  in  any  manner  hanging  on  with  a  boat  or 
vessel  to  any  such  buoy  or  beacon  in  said  harbor,  shall  forfeit 


292 


navigation  in  THE  HARBOR. 


I*t«,  cb,  821, 

(ijil,  !i,  C'i)lll|J 

189% 

lloatM  to  run  in 
Ihe  centre  >.r 
i  da  river. 
Speed. 


1858,  eh.  AM,  |G 

•  ouip.  1080. 
IVnnltv. 


ch.  878, 
III,  8,  Comp 
IBM. 

I*ro>  isioti  as  t< 
navigation 
iluriiiK  tog. 


signals  during 
a  tog. 


Movements 
limited. 


lS7t*,  ch.  3;«,  §3, 
Corup.  lo9i. 
( Yossing  line  of 
ferry. 


aud  pay  to  the  commissioners  of  pilots  the  sum  of  fifty  dollars 
for  every  offense;  and  any  person  who  shall  willfully  remove  any 
such  buoy  or  beacon,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  in  addition  to  the  punishment  which  may  therefor  he  in 
m'ctedy  he  shall  forfeit  and  pay  to  the  said  commissioners  the 
sum  of  two  hundred  and  fifty  dollars  lor  every  offense. 

£  757.  All  the  steamboats  passing  up  and  down  the  East 
river,  between  iljc  Battery  at  the  southern  evtremity  of  the  city 
of  New  York  and  BlackwclFs  Island,  shall  be  navigated  as  near 
as  possible  in  the  centre  of  the  river  except  in  going  into  or  out 
<>f  the  usual  berth  or  landing  place  of  such  steamboat.,  and  shall 
not  be  propelled  at  a  greater  rate  of  speed  than  eight  miles  an 
hour  below  Corlears  Hook,  nor  ten  miles  anhourabove  Corlears 
Hook.  The  master,  pilot,  or  engineer  of  any  steamboat  violat- 
ing either  of  the  provisions  of  this  section,  shall  be  deemed  guilty 
of  a  misdemeanor;  and  in  addition  thereto,  the  master,  pilot,  and 
engineer  of  such  steamboat  shall  respectively  be  liable  to  the 
penalty  prescribed  in  section  nine,  title  ten,  chapter  twenty  of 
the  first  part  of  the  Revised  Statutes,  to  he  sued  for  and  applied 
as  therein  directed. 

758.  It  sball  not  be  lawful  for  any  steamship,  vessel,  ferry 
boat)  steamboat,  or  other  water  craft  Of  what  name  or  descrip- 
tion soever,  to  use  the  waters  in  and  adjacent  to  the  poi't  and 
the  harbor  of  the  city  of  New  York,  and  within  the  jurisdiction 
of  the  Stat''  of  New  York,  for  any  of  the  purposes  of  navigation 
during  and  at  the  time  of  the  existence  of  a  fog  thereon,  render- 
ing such  navigation  hazardous,  arid  requiring  care  to  prevent 
collisions  and  otber  accidents  incident  to  navigation,  unless  such 
steamship,  vessel,  ferry  boat,  steamboat,  or  other  water  craft 
shall,  through  the  owner  or  owners,  pilot,  master,  or  other  per- 
son in  charge  thereof,  comply  with  the  following  requirements: 
It  shall  be  the  duty  of  the  owner,  master,  pilot,  or  other  person 
in  charge  of  any  such  steamship,  vessel,  ferryboat,  steamboat,  or 
other  water  craft,  if,  and  while  moving  in  said  waters  during 
the  existence  of  any  such  fog,  in  the  day  or  night  time,  to  use  a 
fog  horn,  steam  whistle,  bell,  electrical  light,  or  other  caution- 
ary light  or  signal,  and  to  blow  said  horn  or  whistle,  and  ring- 
said  bell  continuously  while  said  steamship,  vessel,  ferry  boat, 
steamboat,  or  other  craft  is  or  may  be  in  motion;  and  such 
movements  only  shall  be  had  by  either  such  steamship,  vessel, 
ferry  boat,  steamboat,  or  other  water  craft  within  the  limit, 
time,  and  in  the  manner  in  the  next  section  provided. 

§  750.  It  shall  not  be  lawful  for  any  steamship,  vessel,  ferry 
boat,  steamboat,  or  other  water  craft  to  navigate  the  said  waters 
during  the  existence  of  a  fog  thereon,  as  full}-  expressed  in  the 
last  section,  to  cross  the  line  of  any  ferry  now  or  hereafter 


EXCURSION  STEAMERS.  298 

maintained  to  and  from  the  city  of  New  York,  without  Blowing; 
and,  in  case  of  extreme  danger,  coming  to  anchor  before  so 
doing;  und  such  crossing  shall  Q0<  then  be  had  directly,  but 
shall  be  made  laterally  to  the  course  of  said  ferry;  and  the  speed  v££ri° 
of  such  steamship,  vessel,  ferry  boat,  steamboat,  or  other  water 
craft  in  motion  at  such  time  snail  not  exceed  four  miles  per 
hour. 

;j  7»'>o.  Any  violation  of  the  provisions  of  the  two  preceding  ^JJ" 
sections  shall  be  chargeable  directly  upon  the  owner,  master, 
pilot,  or  person  in  charge  of  any  such  steamship,  vessel,  ferry 
boat,  steamboat,  or  other  -water  craft,  and  any  such  owner, 
master,  pilot,  or  other  person  in  charge  of  any  such  steamship, 
vessel,  ferry  boat,  steamboat  or  other  water  craft,  offending 
against  or  violating  any  of  the  provisions  of  such  sections,  shall 
he  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  pun- 
ishable by  a  line  not  exceeding  two  hundred  and  fifty  dollars,  or 
imprisonment  not  exceeding  one  year,  or  by  both  such  fine  and 
imprisonment. 

5i  7t5J.  The  port  and  harbor  of  New  York  shall,  for  the  pur-  '.'  . 

,       ,,,,,  Extent  of  port 

poses  of  the  three  preceding  sections,  be  deemed  and  held  to  ex-  ••' 

tend  to  and  cover  the  waters  of  New  York  hay  to  and  including 

quarantine,  East  river  and  Harlem  river  to  Harlem  bridge,  and 

the  Wate*9  of  Long  Island  sound  to  Flushing  bay;  the  North  or 

Hudson  river  to  the  city  of  Yonkers,  and  the  Kill  Yon  Kull  to 

Shuter's  Island,  so  far  as  the  same  are  within  the  jurisdiction  of 

the  State  of  New  York. 

'    £76-2.  When  a  steamboat  shall  be  employed  for  making  an  £f 
excursion  of  pleasure  from  the  city  of  New  York,  on  the  Sound  jj'^J!^ 
or  on  the  Hudson  river,  it  shall  be  the  dutv  of  the  master  of  respectingem 

,  iii  ployment  of 

such  boat  to  require  of  each  male  person  who  takes  passage  vessels  for 

■*•  1  A  excursions. 

with  him  for  such  purpose,  and  who  lias  arrived  at  the 
age  of  discretion,  to  give  his  name  and  the  place  of  his  abode, 
namely  :  the  number  of  the  house,  street,  and  city  in  which 
he  resides,  and  on  his  refusal  so  to  furnish  his  name,  not 
to  permit  him  to  take  passage  on  such  boat :  and  from  the 
names  so  obtained,  it  shall  be  the  duty  of  such  master 
to  make  a  list,  and  within  five  days  after  such  excursion,  to  file 
the  same  in  the  office  of  the  clerk  of  the  city  and  county  of  Xew 
Yoi-k.  paying  him  for  filing  the  same  the  sum  of  six  cents;  and 
it  is  hereby  made  the  duty  of  such  clerk  to  receive,  file,  and 
safely  keep  such  list  in  his  office,  marking  on  the  back  thereof 
the  name  of  the  steamboats,  the  date  of  the  excursion,  and  the 
time  of  filing  the  same;  provided  that  this  section  shall  not  apply 
to  any  regularly  plying  ferry  boat.  For  a  neglect  by  the  master  Penahj 
to  comply  with  the  direction,  in  this  section  contained,  he  and 
the  owner  or  owners  of  the  boat,  or  either  of  them,  shall  he  sub- 


■I'M 


KXt  l  UNION  STKAMKKS. 


Id.  |3. 
Tenalty  for 
trespassing. 


1857,  cu.671,  $U, 
Comp.  1597. 
Lighters. 


1862,  ch.  265, 
SSL  2, 
C'omp.  1603. 
License 
required  for 
ballast  lighters. 


Who  may 
fjrant  license. 


Id.  §3 
Fees. 


ject  to  a  penalty  of  one  hundred  dollars,  to  be  sued  for  in  any 
court  having  cognizance  of  the  offense,  by  any  person  aggrieved 
in  the  matter,  the  one-half  of  which  penalty,  when  recovered, 
to  be  paid  to  the  plaintiff  in  such  suit,  and  the  other  half  to,  the 
overseers  of  the  poor  of  the  town  in  which  the  person  aggrieved 
shall  reside. 

§  703.  Each  and  every  person  engaging  in  such  excursion, 
who  shall  invade  and  enter  upon  the  lands  and  possessions  of 
any  owner  or  occupant  residing  on  or  near  the  banks  of  the 
Sound  or  of  the  Hudson  river,  and  shall  roam  about  the 
grounds,  orchards,  and  gardens,  and  help  himself  to  fruit  or 
whatever  may  seem  desirable,  without  previous  leave  obtained, " 
shall,  in  addition  to  an  indictment  for  the  trespass,  and  to  a  per- 
sonal action  for  damages,  incur  the  penalty  of  ten  dollars,  to  be 
sued  for  by  the  party  aggrieved,  one  half  thereof,  when  collected, 
to  be  paid  to  such  party,  and  the  other  half  to  the  overseers  of 
the  pooi-. 

§  764.  It  shall  be  the  duty  of  the  owner  or  owners  of  every 
lighter  engaged  exclusively  in  the  business  of  lightering  in  the 
port  of  New  York,  to  cause  the  name  and  place  of  business 
of  one  of  the  owners  thereof  to  be  painted  in  letters  at  least 
three  niches  long  on  the  sides  of  his  lighter;  and  in  default 
thereof  he  shall  forfeit  and  pay  to  the  board  of  commissioners  of 
pilots  the  sum  of  five  dollars;  and  for  each  and  every  week  the 
owner  of  said  lighter  shall  neglect  to  cause  his  name  so  to  be 
painted  on  his  lighter,  after  being  notified,  he  shall  forfeit  and 
pay  the  sum  of  ten  dollars. 

§  765.  No  boat,  lighter,  or  vessel  shall  be  employed  in  the 
business  of  carrying  ballast  in  the  port  of  New  York,  unless 
licensed  for  that  purpose  under  the  provisions  of  this  section; 
and  any  person  using  or  employing  any  boat,  lighter,  or  vessel 
for  the  purpose  of  carrying  ballast  in  the  port  of  New  York,  not 
duly  licensed  as  in  and  by  this  section  provided,  or  of  which  the 
license  shall  have  expired,  shall  pay  a  fine  of  twenty-five  dollars 
for  each  and  every  day  on  which  such  boat,  lighter,  or  vessel  is 
so  used  or  employed,  to  be  recovered  by  the  captain  of  the  port 
of  New  York,  and  the  amount  of  such  fine  shall  be  a  lien  on  the 
boat,  lighter,  or  vessel  so  used  or  employed.  The  captain  of  the 
port  of  New  York  shall  have  power  to  license  such  boats, 
lighters,  or  vessels  as  he  shall,  after  inspection  by  him  or  under 
his  direction,  deem  suitable  for  the  purpose  of  carrying  and  dis- 
charging ballast,  such  licenses  to  be  issued  to  the  owner  thereof, 
and  to  continue  in  force  for  one  year  from  the  date  thereof,  and 
shall  be  renewable  from  year  to  year. 

§  766.  The  sum  of  ten  dollars  shall  be  paid  to  the  said  captain 
of  the  port  of  New  York  for  every  license  issued  under  the  last 


TAKING  OYSTERS  PROM  HARLEM  RIVER 


section,  and  the  sum  ef  fire  dollars  for  every  renewal  thereof. 

All  license  fees,  fines,  and  penalties  collected  under  the  lasl  sec- 
tion shall  be  paid  over  and  accounted  for  by  the  captain  of  the 
port  of  New  Vork  in  like  manner  as  is  now  required  by  law  in 
respect  t<>  fees,  fines,  and  penalties  collected  or  recovered  by 

,lini-  uu,  oh.  m 

§  707.  It  shall  not  be  lawful  for  any  prison  to  take  OySterS  $*j*>  im 

from  the  Harlem  river,  in  the  county  of  New  Vork,  in  any  way  PraMMtkm 
OX  manner  during  the  months  of  June,  July,  or  August  in  any  '""n,u 
year.  Every  person  who  shall  offend  against  the  provisions  of 
this  section  shall  incur  a  penalty  of  thirty  dollars,  and,  in  addi- 
tion, the  value  of  the  oysters  so  taken  for  each  offense,  and 
which  may  be  sued  for  and  recovered  before  any  of  the  justices 
of  the  district  courts,  or  in  any  court  having  cognizance  of  the 
same,  in  the  name  of  any  person  who  will  sue  therefor;  one- 
half  of  any  sum  which  may  be  recovered  and  received  under 
this  section  shall  be  paid  into  the  treasury  of  the  city,  and  the 
other  half  shall  be  for  the  use  of  the  person  who  may  sue  for 
the  same. 

§  70s.  Any  owner  or  lessee  of  the  lands  adjoining  the  waters  id  ja 
of  the  Harlem  river  may  have  the  privilege  of  planting  oysters  ^j**oyrtw 
in  said  waters  in  front  of  their  said  property  of  lands,  where 
there  are  none  now  planted  by  others  than  themselves,  and  after 
putting  up  a  plain  sign  in  full  view  of  the  waters  in  which  such 
oysters  are  planted,  stating  the  fact  that  this  is  the  private  oyster 
bed  of  (here  name  the  owner),  no  person  other  than  such  owner 
or  his  legal  representative  shall  take  up  oysters  on  the  ground 
thus  designated  by  said  sign,  under  a  penalty  of  fifty  dollars  for 
each  offense,  and  shall  forfeit,  in  addition,  the  sum  equal  in 
amount  to  the  value  of  the  oysters;  and  the  penalties  and  for- 
feitures thus  imposed  may  be  sued  for  and  recovered  in  like 
manner  as  in  the  last  preceding  section. 

j>  7G9.  Any  marshal,  upon  summary  process,  to  be  issued  by  m.§4. 
any  justice  of  a  district  court,  may  sieze  and  take  possession  of  pV^,^1,,  at 
all  implements,  boats,  or  other  vessels  found  in  the  possession  of  ofTen,,ers 
and  used  by  any  person  violating  the  provisions  of  the  two  pre- 
ceding sections;  and  such  marshal!  shall  make  return  thereof  and 
hold  the  same  in  like  manner  as  upon  all  attachments  Issued  by 
district  court  justices. 

§  770.  Petsons  prosecuted  under  the  three  preceding  sections  u.  f& 
may  be  arrested  and  held  to  bail  in  the  same  manner  as  upon  n.Sd^'and'ei- 
warrants  issued  by  justices  of  the  peace;  and  whenever  a  recov-  SL"uHS,how 
ery  shall  be  had  for  any  violation  of  the  provisions  of  any  of 
such  sections,  execution  shall  be  issued  thereon  immediately. 
The  said  justice  shall  indorse  upon  such  execution  the  cause  for 
which  such  judgment  was  rendered;  and  in  case  no  good6;  or 


'_'!•<>  I  PIERS  AND  OBSTRUCTIONS  THEREON. 

chattels  can  be  found  to  satisfy  such  execution,  the  marshal 
having  the  same  shall  commit  such  defendant  to  the  jail  of 
the  county,  and  shall  deliver  to  th<'  keeper  thereof  a  certified 
<opy  of  such  execution  and  indorsement;  by  virtue  of  which 
such  keeper  shall  detain  such  defendant  for  a  period  not  exceed- 
ing sixty  days,  without  allowing  him  the  benefit  of  the  liberties 
of  such  jail. 

^amenS*17,  §771.  All  fines  and  penalties  incurred  and  recovered  under 
Isc.?: el!'.  41*:  Ik  sections  seven  hundred  and  thirty-six,  seven  hundred  and  forty  - 
comp.ir.97.      sjx  seven  hundred  and  forty-eight,  seven  hundred  and  fifty-six, 

FineH  and  pen-         '      ,        _      _  .    ,      -  , 

aities.  seven  hundred  and  sixty-four  and  seven  hundred  and  seventy- 

seven  to  seven  hundred  and  eighty-three  inclusive,  shall  be  paid, 
except  as  otherwise  provided  in  this  title,  into  the  treasury  of 
this  Stato,  and  the  treasurer  shall  keep  account  of  the  same.  All 
the  fines  and  penalties  incurred  under  such  section  shall  be  re- 
ifftmcndUi*18'  coverable  by  and  in  the  name  of  the  commissioners  of  pilots.  In 
iSfcfeu«i,,»  aU  eases  where  the  fines  and  penalties  prescribed  by  them  are 
Fm^s  nnd7p.  n  inaa<c  nells  Bpoa  property,  they  shall  be  enforced  by  attach - 
ments  issued  by  the  court  where  the  proceedings  for  the  recovery 
of  such  tines  and  penalties  shall  be  pending,  to  the  officers  to 
whom  executions  of  such  courts  are  issued,  and  shall  be  en- 
forced and  discharged  in  like  manner  as  attachments  against 
property  of  non-resident  debtors;  and  the  said  commissioners 
shall  have  power,  in  their  discretion,  to  remit  any  fines  or  penal- 
ties incurred  under  such  sections.  For  the  purposes  of  said  sec- 
tions, all  piers  and  bulkheads  shall  be  deemed  and  taken  as  ex- 
tending into  the  adjoining  streets  in  the  rear  thereof,  a  distance 
of  six  feet. 

TitleS. — Piers,  Slips  and  Wharfage. 

ir'comvimh,  §  Whenever  any  person,  company,  or  corporation,  en- 
stieds  for  pro-   gaged  in  the  business  of  steam  transportation,  shall  be  the 

tection  of  prop-  00  ,  *  ' 

o^muffieadT™  owncr  or  lessee  of  any  pier  or  bulkhead  m  the  city  of  New 
i-rection  of.      York,  and  shall  use  and  employ  the  same  for  the  purpose  of 
regularly  receiving  and  discharging  cargo  thereat,  it  shall  be 
lawful  for  such  owner  or  for  such  lessee,  with  the  consent  of  the 
lessor,  to  erect  and  maintain,  upon  such  pier  or  bulkhead,  sheds 
for  the  protection  of  property  so  received  or  discharged;  provided 
they  shall  have  obtained  from  the  department  of  clicks,  in  said 
city,  a  license  or  authority  to  erect  or  maintain  the  same,  and 
subject  to  the  conditions  and  restrictions  contained  in  such 
eSddT^    license  or  authority.    All  sheds  or  structures  erected  or  rnain- 
dared  lawful.    tame(j  Up0n  any  wharf  or  pier  in  the  city  of  New  York,  under 
any  license  or  permit  granted  by  the  department  of  docks  in  said 
city,  are  declared  to  be  lawful  structures,  subject  to  the  terms 
and  conditions  of  the  license  or  permit  authorizing  the  same. 


OBSTRUCTION  OK  PIERS.  .  807 

such  sin -tls  shall  be  constructed subjeot  to  the  regulations  and 
under  the  authoritj  of  the  superintendent  of  buildings  and  the 
department  of  docks.  Any  such  owner  or  lessee  of  a  pier,  or  of  lessee  .right*  of 
a  pier'or  bulkhead,  or  of  :i  part  thereof  in  respect  to  which  the 
(lepartnient  of  docks  shall  have  granted  the  license  or  authority 
hereiu  specified,  shall  he  entitled  to  the  use  of  the  premises  so 
owned  or  leased  by  them,  and  no  vessel  shall  he  placed  in  am 
berth  on  such  pier  or  bulkhead,  or  part  thereof,  without  the 
consent  of  such  owner  or  Lessee,  din  ing  the  continuance  of  such 
license. 

$  77:5.  It  -.hall  not  be  lawful  to  interfere  with  the  free  public  11  >; 

...  .-n     Eree  public  use 

use  as  now  enioved,  or  except  as  in  this  act  otherwise  speciallv  »r  «i>arf,  pi.-r. 

J-''  *  •«      <•  i       r     "r  bulkhead  in 

provided,  to  permit  the  use  as  a  dumping  ground,  of  any  wharf,  f^'jj^f""!, 

pier,  or  slip,  or  .bulkhead  adjacent  thereto  in  the  navigable 

waters  of  the  East  river  in  the  city  of  New  York,  which  has 

heretofore  been  used  for  the  loading  and  discharging  of  sailing 

vessels  regularly  employed  in  foreign  commerce,  and  having  a 

draft  of  more  than  eighteen  feet  of  water,  and  the  provisions  of 

the  preceding  section  shall  not  apply  to  any  such  wharf,  pier,  or 

slip  ;  provided,  however,  that  nothing  in  this  section  contained 

shall  apply  to  any  wharf,  pier,  slip,  or  bulkhead  covered  by  any 

shed  permitted  by  said  department  of  docks,  existing  on  May 

^ixth,  eighteen  hundred  and  seventy-five,  or  reserved  for  a 

special  use  by  any  law  then  in  force.  id.  si. 

774.  Nothing  in  the  two  preceding  sections  contained  shall  bootns!o^Bhopa 
be  construed  to  authorize  the  erection  or  maintainance  on  any  ""Vn^nyp^r1' 
pier  of  any  storehouses,  booths,  shops,  or  other  structures  than 
the  sheds  mentioned  in  the  last  section  but  one,  with  the  proper 
doors  and  gates  appertaining  thereto,  nor  to  impair  any  powers 
conferred  upon  the  department  of  docks,  except  as  provided  by 
said  section. 

*  77r>.  Whenever  any  pier,  wharf,  or  bulkhead  in  the  city  of  cSmpT^MR'81, 
New  York  shall  be  incumbered  or  obstructed  in  its  free  use  by  Powers  or  cap 

J    tain  of  the  port. 

merchandise,  or  bv  any  material  not  affixed  to  such  pier,  wharf,  or  harbor 

'  ^        J  master. 

or  bulkhead,  the  captain  of  the  port  or  any  of  the  harbor  mas- 
ters under  his  direction,  is  hereby  authorized  and  directed  to  re- 
<piire  the  owner,  consignee,  or  person  in  charge  of  such  mer- 
chandise or  material,  to  remove  the  same  without  any  unneces- 
sary delay  j  and  the  said  captain  of  the  port  shall  have  power, 
from  time  to  time,  to  make  such  general  rules  and  regulation-., 
and  give"  such  directions,  as  will  secure  dispatch  in  loading  and 
unloading  vessels,  and  the  prompt  removal  of  the  same  from 
the  piers  as  soon  as  their  cargoes  shall  be  discharged  or  the 
loading  of  the  same  shall  be  completed,  and  also  such  as  shall  be 
necessary  to  prevent  any  unnecessary  accumulation  of  freight  or 
merchandise  upon  any  pier  or  wharf  while  any  vessel  shall  be 
engaged  in  receiving  or  discharging  her  cargo  :  provided,  how- 


298 


UNCLAIMED  MERCHANDISE  ON  PIEK8. 


ever,  that  the  power  hereinbefore  conferred  shall  not  be  exer- 
cised in  reference  to  any  obstruction  or  incurnbram  <-  upon  any 
pier  or  wharf  occupied  by  any  regular  line  of  steamboats  or 
steamships,  or  by  any  railroad  company,  except  upon  thr  writ- 
ten request  of  the  occupant  or  lessee  of  such  pier  or  wharf. 
\(i  i2; .  ,<  77*'>.  Whenever  the  captain  of  the  port,  or  anv  harbor  mas- 

again*  delays,  ter,  shall  make  any  order  or  give  any  direction  in  pursuance  of 
the  power  conferred  by  the  last  preceding  section,  it  shall  be  the 
dufy  of  the  owner,  consignee,  or  person  in  charge  of  the  mer- 
chandise, property,  or  vessel  in  reference  to  which  such  order  or 
direction  is  given,  to  comply  with  the  same  without  any  unrea- 
sonable delay,  or,  in  default  thereof,  the  said  captain  of  the  port, 
05  any  of  the  harbor  masters  under  his  direction,  may  employ 
such  laborers  and  assistance  as  may  be  necessary  to  carry  out 
such  order  or  direction,  by  the  removal  of  the  material,  mer- 
chandise, or  vessel  in  reference  to  which  the  same  was  given; 
pa£Tbyo«wr!  and  all  expenses  actually  and  necessarily  incurred  in  effecting 
such  removal  shall  be  paid  by  the  owner,  consignee  or  person  in 
•  •barge  of  the  material,  merc  handise,  or  vessel  so  removed,  and 
the  amount  thereof  shall  be  a  lien  upon  the  same  in  favor  of  the 
captain  of  the  port,  and  may  be  enforced  in  the  same  manner 
and  by  the  same  proceedings  as  liens  on  vessels  are  enforced  by 
warrant  of  attachment,  under  and  pursifant  to  the  provisions 
of  the  act  entitled  "an  act  to  provide  for  the  collection  of  de- 
mands against  ships  and  vessels,"  passed  April  twenty-fourth 
eighteen  hundred  and  sixty-two,  and  all  the  provisions  of  said 
act,  so  far  as  the  same  can  be  made  applicably,  shall  apply  to 
the  liens  hereby  created;  and  the  said  captain  of  the  poit  shall, 
for  the  purposes  of  this  section,  be  deemed  a  creditor  of  said 
owner,  consignee,  or  person  in  charge,  and  each  of  them,  for 
the  amount  of  the  expenses  so  incurred,  and  may  have  and 
maintain  an  action  against  them,  or  either  of  them,  to  recover 
the  same. 

1867, ch. en, §8,  §  777.  Whenever  any  pier  or  bulkhead  in  the  port  of  New 
i858.ch.8M,  «:>.  York  shall  be  incumbered,  or  its  free  use  interfered  with  by 
b Rob.  see,  merchandise,  lumber,  or  any  othe*  obstruction,  whether  of  loose 
material,  or  built  upon  or  affixed  to  the  pier  or  bulkhead  with- 
out authority  of  law,  it  shall  be  the  duty  of  the  commissioners 
of  pilots  to  notify  the  person  or  persons  placing  or  keeping  such 
merchandise  or  obstruction  on  such  pier  or  bulkhead,  to  remove 
such  merchandise  or  obstruction  within  twenty-four  hours  after 
such  notice;  and  in  case  of  failure  to  comply  with  such  notice, 
and  to  remove  such  merchandise  or  obstruction,  the  person  or 
persons  so  notified  shall  be  liable  .to  pay  to  the  commissioners 
the  sum  of  twenty-five  dollars  for  each  and  every  day  during 
which  such  merchandise  or  obstruction  shall  remain  on  such 


S3  Hun.  846. 


OBSTIM'CTION  OF  PJEB8. 


pier  or  bulkhead;  and  the  commissioners  shall  have  power,  in 
their  discretion,  to  remove  any  merchandise  so  incumbering  any 
pier  or  bulkhead,  and  to  store  the  same  in  a  warehouse  or  other 
proper  receptacle;  and  a  Bum  equal  to  the  amount  of  the  ex- 
penses of  removal,  together  with  the  charges  for  storage,  shall  he 
paid  by  the  owner  of  such  merchandise  to  the  commissioners, 
and  shall  he  a  lien  on  such  merchandise  until  paid. 

a  -»tti-  i       t       j-    i  ir  i        i   1807, ch.JM, |8, 

§  .Is.  w  henever  merchandise  discharged  from  a  vessel  and  r,,,,,,,. 

incumbering  a  bulkhead  or  pier,  m  the  port  of  New  York,  shall  i;!''/,';,^"!"",!., 

not,  in  the  judgment  of  the  said  commissioners,  be  of  sufficient  0,m'"iu" 
value  to  pay  the  expenses  of  removal  and  storage,  as  provided 
in  the  last  preceding  section,  sUch  merchandise  shall  be  removed 
and  stored  at  the  expense  of  the  owner,  consignee,  or  master  of 
tho  ship  or  vessel  from  which  such  merchandise  shall  have  been 
discharged. 

^  77l>.  At  the  expiration  of  every  six  months  it  shall  he  the  1,1  *10 

,    ,°      ,  .,     .  1       .     .  ,  ,        ,.         -  ,     .      AdvertixInK  of 

dutv  ol  the  said  commissioners  to  advertise,  for  one  "week  in  unclaimed mw 

T  •  enandise. 

three  or  more  daily  papers  in  the  city  of  New  York  and  Brook- 
lyn, the  merchandise  which  they  have  stored  and  which  has  re- 
mained unclaimed,  setting  forth  the  marks  and  numbers  of  each 
package,  the  description  of  the  merchandise,  the  pier  whence 
such  merchandise  was  removed,  and  the  date  of  such  removal, 
and  if  any  of  such  merchandise  so  advertised  shall  remain  thereaf- 
ter unclaimed  for  three  months,  the  said  commissioners  may  then 
sell  the  same,  after  further  advertisement  for  one  week  in  three 
or  more  of  the  daily  papers  published  in  the  cities  of  New  York 
and  Brooklyn,  at  public  auction,  to  the  highest  bidder,  to  pay 
the  expenses  which  have  been  incurred  on  such  merchandise, 
and  the  remainder  shall  be  held  in  trust  by  the  said  commission- 
ex's  for  the  owner  or  owners  thereof,  for  twelve  months,  when 
if  not  claimed  it  shall  form  part  of  the  fund  of  said  commis- 
sioners. 

§  7S0.  It  shall  not  be  lawful'for  anv  person  to  throw  any  bal-  isst,  en.  6ti,  $3. 

,  .,        ,  itij  "  p  M  amended 

last,  rubbish,  ashes,  or  cinders  f  rom  anv  vessel  or  lighter,  or  from  ip.  220, 

.  _  J  .  Comp.  1594. 

any  pier  or  bulkhead,  into  the  waters  of  the  docks,  slips,  or  har-  seeisro,  en. 
bor  of  the  port  of  New  York,  nor  from  out  of  any  vessel  upon  ' 
any  pier  or  bulkhead  in  the  port'  of  New  York,  unless  to  dis- 
charge the  same  immediately  into  carts.  Any  person  who  shall 
violate  any  of  the  provisions  ot  this  section  shall  forfeit  and  pay 
to  the  board  of  commissioners  of  pilots  the  sum  of  five  dollars, 
and  the  further  sum  of  two  dollars  for  each  and  every  cubic 
yard  of  material  so  thrown  out ;  and  such  fine  shall  be  a  lien, 
until  paid,  upon  any  vessel  from  which  s\ieh  material  shall  be 
thrown  or  discharged. 

§  7S1.  Every  person  willfully  throwing  or  putting  any  stones,  j^JJiing 
earth,  shavings,  night-soil,  dirt,  or  rubbish  into  any  dock  or  slip.  s,ODes  Hl' 


t 


300  REPAIRS  OF  PIERS,  KTc. 

in  the  port  of  Now  York,  or  on  any  public  pier  or  bulkhead  in 
said  port,  shall  forfeit  and  pay  to  the  said  commissioners  the  sum 
of  twenty-five  dollars  for  each  offense  ;  one-half  of  all  fines  re- 
covered under  this  section  shall  be  for  the  use  of  the  person  or 
peis. .ns  lawfully  entitled  to  the  occupation  of  such  docks,  slips, 
or  piers.  Whenever  any  horse  or  cart  shall  be  employed -in 
dumping  stones,  earth,  shavings,  night-soil,  dirt,  or.rubbish  into 
any  dock  or  slip,  or  on  any  public  pier  of  the  port  of  New  York, 
the  fine  prescribed  by  this  section  shall  he  a  lien,  until  paid,  upon 
such  horse  and  cart, 
uimended  §  *S2-  Jt  shall  be  the  duty  of  every  owner,  master,  mate,  or 

1888, oh. sad, |s.  other  person  having  the  charge  or  management  of  any  vessel 
from  which.  <»r  into  which  ballast,  coal,  cinders,  stones,  bricks, 
tiles,  dung,  or  any  loose  matter  or  thing,  shall  be  conveyed,  to 
fasten  canvas,  mats,. or  cloths  between  the  pier  or  bulkhead 
and  vessel,  and  between  vessels  lying  alongside  each  other,  to  or 
from  which  such  ballast  or  other  loose  materials  shall  be  con- 
veyed, so  as  to  prevent  any  part  thereof  falling  into  the  waters 
of  the  port  :  and  if  to  be  landed,  to  place  such  material  at  least 
two  feet  from  the  edge  of  the  pier  or  bulkhead,  under  the  pen- 
alty of  ten  dollars  for  the  violation  of  any  of  the  provisions- of 
this  section,  and  for  each  offense,  to  be  paid  to  the  said  commis- 
sioners ;  and  such  penalty  shall  be  a  lien,  until  paid,  on  the  ves- 
sel from  which  such  ballast,  coals,  cinders,  stone,  brick,  tiles, 
dung,  or  other  matter  or  thing,  shall  be  so  conveyed  or  landed. 
1\ImpU\wm:  §  783.  It  shall  not  be  lawful  to  throw  iron,  lead,  or  any 
"T»!.ii  metal,  or  any  package  of  merchandise  weighing  over  fifty 
pounds,  from  a  vessel  on  to  a  pier  in  the  port  of  New  York, 
without  adequate  protection  to  the  planking  of  such  pier,  under 
the  penalty  of  five  dollars  for  each  offense,  to  be  paid  to  the  said 
commissioners,  and  to  be  a  lien  on  the  vessel  until  paid;  nor 
shall  it  be  lawful  for  any  person  or  persons  to  draw,  or  cause  to 
be  drawn,  or  trail  or  drag  over  any  pier  in  the  port  of  New  York, 
any  anchor  or  blocks  of  stone,  otherwise  than  upon  carts,  roll- 
ers, wheel  carriages  or  sleds,  under  the.  penalty  of  five  dollars 
for  every  offense,  one-half  of  which  shall  be  for  the  use  of  the 
person  or  persons  lawfully  entitled  to  the  occupation  of  such 
pier. 

e^iphi585'  §  ^ne  uoara'  °f  commissioners  of  pilots,  organized  under 
the  act  entitled  "an  act  to  provide  for  the  licensing  and  govern- 
ment of  the  pilots,  and  regulating  pilotage  of  the  port  of  New 
York,"  passed  June  twenty-eighth,  eighteen  hundred  and  fifty- 
three,  are  authorized  to  require  the  owner  or  owners  of  any 
pier,  wharf,  or  bulkhead,  in  the  city  of  New  York,  to  keep  the 
same  free  from  dirt  and  in  good  repair,  and  to  keep  the  slips 
properly  dredged;  and  whenever,  in  the  judgment  of  the  said 


REPAIRS  OF  IMKKs,  IK  . 


board,  it  shall  be  necessary  so  to  do,  they  shall  cause  written 
notices,  signed  hy  the  president  or  secretary  of  Said  hoard,  fco 
be  served  upon  the  owner  or  owners,  or  collector  of  wharfage 
of  any  pier,  wharf,  <>r  bulkhead,  or  the  slip  adjoining  the  same, 
on  which  cleaning,  repairs  or  dredging  are  required  hy  said 
hoard,  specifying  the  nature  and  extent  of  the  cleaning,  repairs, 
or  dredging  so  required;  and  in  case  of  failure  of  the  owner  or 
ow  ners  so  notified  to  comply  with  the  terms  and  requirements 
of  such  notice  w  ithin  thirty  days  after  such  notice  as  to  repairs, 
and  w  ithin  ninety  days  as  to  dredging,  they  shall  he  liahle  to  a 
penalty  Of  five  dollars  per  day  for  every  day  they  shall  neglect 
to  comply  with  such  notice. 

§  ?85.  The  notice  required  in  the  last  preceding  section  to  he  M.f& 
given  to  the  owners  of  wharves  or  piers  hy  the  hoard  of  pilot  ^1°™*' 
commissioners,  shall  he  given  by  serving  the  same  on  one  or 
more  of  such  owners  personally,  or  hy  serving  the  same  on  such 
person  as  receives  or  collects,  on  behalf  of  such  owner  or  own- 
ers, the  wharfage  of  the  wharf,  pier  or  bulkhead,  in  respect  to 
which  the  notice  is  given. 

§  7st>.  Piers  numbers  ten,  eleven,  and  the  west  side  of  pier  ^p1,''  , 
number  twelve,  East  river,  inclusive,  shall  continue  to  be  set 
apart,  kept  and  reserved  for  the  use  and  accommodation  of  the 
regular  packet  lines  of  sailing  vessels,  propellers,  and  barges, 
wliich  on  April  thirteenth,  eighteen  hundred  and  fifty-seven, 
occupied  berths  on  piers  nine,  ten,  eleven,  and  west  side  of  pier 
twelve,  and  running  to  and  from  the  following  ports,  to  wit: 
Boston,  Massachusetts;  Portsmouth,  New  Hampshire;  Philadel- 
phia, via  the  Delaware  and  Karitan  canal:  Wilmington,  North 
Carolina;  Savannah,  Georgia;  Charleston,  South  Carolina;  Apa- 
lachicola,  Florida;  Mobile,  Alabama;  New  Orleans,  Louisiana: 
and  Matagorda,  Texas.    It  shall  he  the  dutv  of  the  harbor  mas-  Du50f harbor 

°  '  J  masters. 

ters  or  other  officer  or  officers  of  said  city  who  are  now  or  here- 
after shall  be  empowered  by  law,  or  by  any  ordinance  of  said 
city,  to  regulate  and  station  ships  and  vessels  in  the  harbor  of 
said  city,  and  they  shall  have  power  to  prohibit  and  prevent  all 
other  boats,  ships,  and  vessels  from  entering  any  of  the  slips,  or 
approaching  or  lying  at  any  of  the  wharves  between  the  piers 
named  in  this  section  during  the  period  therein  specified,  when 
such  slips  and  wharves  shall  be  required  for  the  use  and  accom- 
modation of  the  vessels,  boats,  and  barges  mentioned  in  this 
section.  In  case  any  boat,  ship,  or  vessel,  not  entitled,  accord- 
ing to  the  provisions  of  this  section,  to  use  said  waters,  shall 
have  entered  any  of  said  slips,  or  shall  be  lying  at  any  of  said 
wharves  during  the  period  aforesaid,  when  such  slip  or  wharf 
shall  be  needed  or  required  for  the  use  or  accommodation  of  any 
of  the  vessels,  boats,  or  barges  specified  in  this  section,  it  shall 


PENALTY  FOR  RE8ISTING  HARBOB  MASTER. 


M.  |4. 

Rlghtfl  of 


bo  thy  duty  of  the  said  harbormasters  or  other  officer  or  offi- 
cers, and  they  sliall  have  power  forthwith  to  remove  such  boat, 
ship,  or  vessel  from  such  slip  or  wharf,  so  far  as  may  be  neces- 
sary to  accommodate  the  vessels,  boats,  and  bargee  entitled,  as 
aforesaid,  to  the  use  of  said  slip  or  wharf. 
JSif'ia'  §  787.  Any  person   resisting  or  refusing  or  neglecting  to 

Penalties.  comply  with  any  order  or  direction  of  any  harbor  master  or 
other  officer,  given  in  pursuance  of  the  preceding  section,  in 
relation  to  any  boat,  ship,  or  vessel  under  the  command  or 

control  of  such  person,  and  any  person  whatever  who  shall 
resist  or  oppose  any  harbor  master  or  other  officer  in  the  per- 
formance of  the  duties  of  his  office  under  such  section,  shall,  for 
every  such  offense,  forfeit  and  pay  the  sum  of  fifty  dollars,  to  be 
recovered  with  costs  of  suit,  in  the  name  of  the  treasurer  of  the 
New  York  Hospital,  before  any  court  having  cognizance  thereof. 
Said  lines,  when  collected,  shall  be  paid  to  said  treasurer  for  the 
use  of  the  hospital. 

§  788.  Nothing  contained  jn  the  two  preceding  sections  shall 
be  construed  to  take  away  or  in  any  respect  impair  the  right  of 
the  owner  or  lessee  of  any  wharf,  slip,  or  pier  mentioned  therein, 
from  demanding,  collecting,  and  receiving  the  usual  and  legal 
rates  of  wharfage  for  all  boats,  ships,  and  vessels  using  or  occu- 
pying said  wharves,  slips,  and  piers,  nor  shall  anything  therein 
be  construed  to  prevent  the  free  use  of  the  waters  and  wharves 
specified  in  the  preceding  section,  when  such  waters  and  wharves 
are  not  required  for  the  use  and  accommodation  of  the  vessels, 
boats,  and  barges  described  in  section  seven  hundred  and  eighty- 
six,  nor  be  construed  so  as  to  prevent  any  vessel  from  hauling 
alongside  of  any  vessel,  barge  or  canal  boat,  to  land  cargo  or 
to  receive  cargo,  or  from  laying  alongside  of  such  vessel,  boat, 
or  barge  a  sufficient  length  of  time  to  transfer  cargo  with  all 
reasonable  dispatch,  nor  shall  anything  therein  contained  be  so 
construed  as  to  disturb  or  interfere  with  any  rights  of  occupancy 
granted  by  ordinance  or  resolution  of  the  mayor  and  common 
council  of  the  city  of  Newr  York  in-  favor  of  any  of  the  lines  of 
river  barges  or  canal  boats  aforesaid,  before  April  thirteenth, 
.  eighteen  hundred  and  fifty-seven. 
S1'  §  789.  All  that  part  of  the  water  adjacent  to  the  wharves  of 
RoundnriM.  the  city  of  New  York,  from  the  east  side  of  pier  number  two  to 
and  including  the  west  side  of  pier  number  ten,  East  river,  shall 
hereafter,  from  the  twentieth  day  of  March  to  the  thirty-first 
day  of  December  in  each  year,  be  set  apart,  kept,  and  reserved 
for  the  exclusive  use  and  accommodation  of  canal  boats  and 
barges  engaged  in  the  business  of  transporting  property  on  the 
Hudson  river,  or  coming  to  tide-water  from  the  canals  of  the 
State,  arriving  in  said  city  from  the  city  of  Albany  or  any  port 


IIAKHOI:   A(  (  (>.MMt»l>ATI()NS  IOIM  ANAL  lioATS. 


or  place  north  or  west  thereof,  and  for  the  086  of  lighters 

engaged  in  loading  or  unloading  such  hoats  or  barges  ;  and  il 

shall  be  the  duty  of  the  captain  of  the  port  of  New  York,  and  of  Jap^dfihe 

the  harhor  masters  thereof,  and  of  all  officers  who  now  are  or  5St  " 

hereafter  shall  be  empowered  by  law,  or  by  any  ordinance  of  the 

city  of  New  York,  to  regulate  or  station  ships  and  vessels  in 

the  harbor  of  said  city,  to  prohibit  and  prevent  all  other  hoats, 

ships,  or  vessels  from  entering  any  of  the  slips  or  approaching 

or  lying  at  any  of  the  wharves  hetween  the  piers  aforesaid. 

dining  the  period  above  specified,  when  such  slips  or  the 

wharves  Connected  therewith  shall  he  required  for  the  use  and 

accommodation  of  the  canal  boats  and  barges  hereinbefore 

mentioned;  and  the  said  captain  of  the  port,  or  other  officers 

aforesaid,  shall  assign  such  other  accommodations  for  said  canal 

boats  and  barges  in  other  parts  of  the  port  of  New  York,  as  may. 

from  time  to  time,  be  necessary  in  receiving  or  discharging  their 

cargoes. 

,i  700.  It  shall  be  lawful  for  the  .proprietors  of  any  regular  u-i* 
line  of  canal  boats  or  barges  using  the  waters  within  the  limits  erect  derricks 
aforesaid,  or  any  pther  limits  to  which  they  may  be  assigned,  as 
provided  in  the  preceding  section,  to  erect  and  maintain  upon 
any  of  the  piers  or  wharves  adjacent  thereto,  suitable  derricks, 
to  be  used  by  said  proprietors  and  their  employees  in  loading  or 
unloading  said  canal  boats  and  barges  ;  no  derrick  or  structure 
so  erected  shall  be  deemed  an  obstruction  or  incumbrance  upon 
such  pier  or  wharf,  within  the  meaning  of  any  statute  or  ordi- 
nance prohibiting  the  incumbering  or  obstructing  any  such  pier 
or  wharf,  or  authorizing  the  removal  of  obstructions  or  incum- 
brances upon  the  same. 

§  701.  Whenever  any  portion  of  the  waters  mentioned  in  the  ld*8 
last  section  hut  one  shall  be  occupied  bv  anv  ship  or  vessel  not  waters  by  ships 

...  . .  ...  «  »ot  entitled 

entitled  to  occupy  the  same  according  to  the  provisions  of  that  thereto, 
section,  and  the  proprietor  or  proprietors  or  person  in  charge  of 
any  of  the  canal  boats  or  barges  specified  in  said  section  shall 
desire  to  use  the  berth  or  slip  occupied  by  such  ship  or  vessel,  it 
shall  be  the  duty  of  the  captain  of  the  port,  or  of  the  harbor 
master  in  charge  of  the  district  embracing  said  waters,  upon  the 
request  of  the  proprietor  or  consignee  or  person  in  charge  of  said 
canal  boat  or  barge,  forthwith  to  remove  such  ship  or  vessel  so 
far  as  may  be  necessary  to  accommodate  such  canal  boat  or 
barge.  If  the  captain  of  the  port  or  harbor  master  to  whom 
such  request  is  made,  shall  neglect  or  refuse  to  comply  with  the 
same,  he  shall,  for  each  such  neglect  or  refusal,  forfeit  and  pay 
to  the  proprietor  or  proprietors  of  the  canal  boat  or  barge  in 
reference  to  which  request  was  made,  the  sum  of  fifty  dollars, 
to  be  sued  for  and  recovered  by  and  in  the  name  of  such  propri- 


304  DUTIES  OF  HABBOB  MASTER. 

etor  OT  proprietors,  for  his  Off  their  use  and  benefit,  in  any  couit 
of  competent  jurisdiction. 
com^im'^  §  Any  Person  in  command  or  charge  of  any  ship  or  ves- 
PemJMeBfor  sel  which  the  captain  of  the  port  or  harbor  master  is  authorized 
obej  the  orders  and  required  to  remove,  as  specified  in  the  last  preceding  section, 
»Mt«  who  shall  neglect  or  refuse  to  comply  with  any  order  Off  direc- 

tion of  the  said  captain  or  harhor  master  in  reference  to  the  re 
moval  thereof,  or  who  shall  resist  or  obstruct  the  removal  of  such 
ship  or  vessel,  shall,  for  every  such  offense,  forfeit  and  pay  the 
sum  of  fifty  dollars,  to  he  sued  for  and  recovered,  with  costs,  by 
and  in  the  name  of  the  captain  of  the  port,  in  any  court  of  com- 
petent jurisdiction. 

Ora^inS<<1<  §  T93.  Whenever  the  owners  of  any  wharves  and  slips  on  the 
1  1  ■  otatva    gjast  river  which  were  on  April  fifteenth,  eighteen  hundred  and 

nmi  wharves.  1  '  ° 

m -as!  y  ssi  fifty-eight,  occupied  by  any  of  the  steamhoat  lines  hereinafter 
mentioned,  or  the  owners  of  any  wharves  and  slips  on  the  North 
]  iver,  in  the  city  of  New  York,  shall  lease  the  same  to  the  own- 
ers or  proprietors  of  any  of  the  regular  lines  of  steamhoats 
theretofore  estahlished,  and  engaged  in  the  husiness  of  trans 
porting  passengers  and  freight  between  the  city  of  New  York 
and  any  place  on  the  Hudson  river,  or  between  the  city  of  New 
York  and  any  place  on  Long  Island  sound,  or  the  rivers  empty- 
ing into  Long  Island  sound,  or  between  the  city  of  New  Xork 
and  any  place  on  Narragansett  hay,  or  the  hays  adjacent  there- 
to, or  any  such  steamhoat  running  to  and  from  the  city  of  New 
York,  the  wharves  and  slips  so  leased  shall,  during  the  term  of 
the  lease,  be  kept  and  reserved  for  the  exclusive  use  and  occu- 
pancy of  the  steamhoats  of  the  lessees,  to  the  extent  necessary 
for  the  conducting  and  doing  the  husiness  in  which  they  are  en- 
gaged. 

w. S3.  £  794.  It  shall  he  the  duty  of  the  harbor  masters,  or  of  any 

bor  masters,  officer  or  officers  of  said  city  who  are  now  or  hereafter  shall  be 
empowered,  to  regulate  and  station  ships  and  vessels  in  the  har- 
hor of  said  city;  and  they  shall  have  power  to  prohibit  and  pre- 
vent all  other  boats,  ships,  and  vessels  from  entering  any  of  the 
slips,  or  approaching  or  lying  at  any  of  the  wharves  so  let  or 
leased  under  the  provisions  of  the  last  preceding  section,  when 
such  slips  and  wharves  shall  he  required  for  the  use  and  accom- 
modation of  the  lines  of  steamhoats  owned  by  the  persons  hiring 
or  leasing  the  same.  In  case  any  boat,  ship,  or  vessel  not  enti- 
tled, according  to  the  provisions  of  said  section,  to  use  said 
wharves  or  slips,  shall  have  entered  any  of  said  slips,  or  shall  be 
lying  at  any  of  said  wharves,  during  the  continuance  of  such  let- 
ting or  lease,  when  such  slip  or  wharf  shall  be  needed  or  re- 
quired, for  the  use  or  accommodation  of  any  of  the  lines  of  steam- 
boats referred  to  in  the  preceding  section,  it  shall  he  the  duty  of 


w  dABFAGE  RATES.  305 

the  said  harbormasters,  or  other  officer  or  officers,  and  they  shall 
have  power  forthwith  fco  remove  such  boat,  ship,  or  vessel,  from 
such  slip  or  wbarf,  BO  far  as  may  be  necessary  to  accommodate 
the  steamboats  entitled  as  aforesaid  to  the  use  of  said  slip  or 

wharf. 

55  7:»:».  Any  peison  resisting  or  refusing  or  neglecting  to  com-  B*et&r.<ih.am; 
ply  with  any  order  or  direction  of  any  harbor  master  or  other  J^.'ci!:  ??; 
officer,  given  in  ])ursuauce  of  the  two  preceding  section^,  in  rela- 
tion to  any  boat .  ship,  or  vessel  under  command  or  control  of 
such  person,  and  any  person  whatever  who  shall  resist  or  oppose  reslst" 
any  harbor  master  or  other  officer  in  the  performance  of  the  du- 
ties of  his  office,  under  said  sections,  shall,  for  every  such  offense, 
forfeit  and  pay  the  sum  of  fifty  dollars,  to  be  recovered,  collect- 
ed, and  applied  in  the  manner  provided  for  the  recovery  and  ap- 
plication of  the  penalties  imposed  and  specified  in  section  seven 
hundred  and  eighty-seven. 

§796.  Nothing  in  the  three  preceding  sections  contained  comp^CTs?' ,7' 
shall  be  so  construed  as  to  give  anv  owner  or  owners  of  wharves  construction  as 

.  .to  power  to  let 

and  slips,  designated  in  sections  seven  hundred  and  eighty-six  °^a-^- M7 
and  seven  hundred  and  eighty  nine,  power  to  let  or  lease  the 
same,  or  any  of  them,  for  the  purpose  designated  in  such  three 
preceding  sections.  Nor  shall  anything  therein  contained  be 
construed  to  prevent  the  free  use  of  wharves  and  slips  so  let  or 
leased  under  the  provisions  of  section  seven  hundred  and  ninety- 
three,  when  such  wharves  and  slips  are  not  required  for  the  use 
and  accommodation  of  the  steamboats  for  whose  use  and  ac- 
commodation they  were  hired  or  leased. 

§  TOT.  The  docks,  piers,  and  bulkheads  on  the  Hudson  j^Vc.!'to' 
river,  from  (iansevoort  street  to  Little  West  Twelfth  street,  shall  i****!*"- 
be  set  apart  by  the  department  of  docks,  or  such  department  as 
shall  have  control  thereof,  and  kept  for  the  use  of  boats  barges, 
and  other  vessels  engaged  in  the  business  of  transporting  farm 
and  garden  produce,  at  such  rates  of  wharfage  as  have  been,  or 
shall  be,  lawfully  established. 

|  798.  It  shall  be  lawful  to  charge  and  receive,  within  the  m2^JS' 
city  of  New  York,  wharfage  and  dockage  at  the  following  rates,  comp^m 
namely:    From  every  vessel  that  uses  or  makes  fast  to  any  pier,  SEwSffiJtff 
wharf,  or  bulkhead  within  said  city,  or  makes  fast  to  any  vessel  of- 
lying  at  such  pier,  wharf,  or  bulkhead,  or  to  any  other  vessel 
lying  outside  of  such  vessel,  for  every  day  or  part  of  a  day,  ex- 
cept as  hereinafter  provided,  as  follows:  'From  every  vessel  of  iM8,ch.8B»|g». 
two  hundred  tohs  burden  and  under,  two  cents  per  ton,  and  for 
every  vessel  over  two  hundred  tons  burden,  two  cents  per  ton  for 
each  of  the  first  two  hundred  tons,  and  one-half  of  one  cent  per  ton 
for  every  additional  ton,  except  that,  save   as  hereinafter 
provided,  vessels  known  as  North  river  barges,  market  boats  and 


•  .°.0*i  WHARFAGE  KATES. 

barges,  sloops  employed  upon  the  rivers  and  waters  of  this  State, 
and  Schooners  exclusively  employed  upon  the  rivers  and  waters 
of  this  State,  shall  pay  for  eveiy  such  vessel  under  the  burden  of 
fifty  tons,  at  tlie  rate  of  fifty  cents  per  day;  for  every  such  ves- 
sel of  the  burden  of  fifty  tons,  and  under  the  burden  <>f  one  hun- 
dred tons,  at  the  rate  of  Bizty-two  and  a  half  cents  per  day;  Cor 
every  such  vessel  of  the  burden  of  one  hundred  tons,  and  under 
the  burdeji  of  one  hundred  and  fifty  tons,  at  the  rate  of  seventy- 
five  cents  per  day;  for  eveiy  such  vessel  of  the  burden  of  one 
hundred  and  fifty  tons,  and  under  the  burden  of  two  hundred 
^  tons,  at  the  rate  of  eight y--i  \  <  11  and  a  half  cents  per  day;  for 

every  such  vessel  of  the  burden  of  two  hundred  tons,  and  under 
the  burden  of  two  hundred  and  fifty  tons,  at  the  rate  of  one 
hundred  cents  per  day;  for  every  such  vessel' of  the  burden  of 
two  hundred  and  fifty  tons,  and  under  the  burden  of  three  bun 
•  lied  tons,  at  the  rate  of  one  hundred  and  twelve  and  a  half  cents 
per  day ;  for  every  such  vessel  of  the  burden  of  three  hundred 
tons,  and  under  the  burden  of  three  hundred  and  fifty  tons,  at 
the  rate  of  one  hundred  and  twenty-five  cents  per  day:  forever}' 
such  vessel  of  the  burden  of  three  hundred  and  fifty  tons,  and 
under  the  burden  of  four  hundred  tons,  at  the  rate  of  one 
hundred  and  thirty-seven  and  a  half  cents  per  day;  for  eveiy 
such  vessel  of  the  burden  of  four  hundred  tons,  and  under  the 
burden  of  four  hundred  and  fifty  tons,  at  the  rate  of  one  dollar 
and  fifty  cents  per  day;  for  every  such  vessel  of  the  burden  of 
four  hundred  and  fifty  tons,  and  under  the  burden  of  five  bun 
dred  tons, at  the  rate  of  one  hundred  and  sixty-two  and  a  half  cents 
per  day;  for  every  such  vessel  of  the  burden  of  five  hundred  tons, 
and  under  the  burden  of  five  hundred  and  fifty  tons,  at  the  rate  of 
one  hundred  and  seventy-five  cents  per  day:  for  every  such  vessel 
of  the  burden  of  five  hundred  and  fifty  tons,  and  under  the 
burden  of  six  hundred  tons,  at  the  rate  of  one  hundred  and 
asa^ied' eighty-seven  and  a  half  cents  per  day:  for  eveiy  such  vessel  of 
coinp^.w'' y'  the  burden  of  six  hundred  tons  and  upwards,  to  pay  twelve  and 
a  half  cents,  in  addition  for  evei  y  fifty  tons  in  addition  to  the 
rate  last  mentioned,  for  every  day  such  ship  or  vessel  shall  use 
or  be  made  fast  to  any  of  the  said  wharfs;  but  no  boat  or  vessel 
over  fifty  tons  burden  shall  pay  less  than  fifty  cents  for  a  day 
or  a  part  of  a  day.  and  the  class  of  sailing  vessels  now  known  as 
lighters  shall  be  at  one  half  the  first  above  rates.  Every  other 
vessel  making  fast  to  a  vessel  lying  at  any  pier,  wharf,  or  bulk 
head  within  said  city,  or  to  another  vessel  outside  of  such  vessel, 
or  at  an  anchor  within  any  slip  or  basin,  when  not  receiving  or 
discharging  cargo  or  ballast,  one-half  the  first  above  rates;  and 
-1879,  ch.  mo,  ji,  from  everv  vessel  or  floating  structure,  other  than  those  above 
named,  or  used  for  transportation  of  freight  or  passengers. 


WHARFAGE  RATES. 


double  the  first  above  rates,  except  that  floating  grain  elevators 
shrill  pay  one-half  the  first  above  rates;  and  every  vessel  .thai 
shall  leave  a  pier,  wharf,  bulkhead,  slip,  or  basin,  without  first 
paying  the  wharfage  or  dockage  due  thereon,  after  being  do 
inauded  of  the  owner,  consignee,  or  person  in  charge  of  the  ves- 
sel, shall  be  liable  to  pay  double  the  rates  established  by  this 
section. 

£  799.  Vessels  of  two  hundred  tons  burden  and  under  which 
shall  be  actually  engaged  in  the  clam  or  oyster  trade,  and  which 
shall  make  fast  to  any  pier,  wharf,  or  bulkhead  within  said  city, 
shall  pay  one  and  one  half  cents  per  ton  per  day,  and  every 
such  vessel,  which  shall  make  fast  to  another  vessel  lying  at 
any  such  pier,  wharf,  or  bulkhead,  or  to  any  vessel  lying  out-  cJilip.'VvtV.  ''' 
side  of  such  Vessel,  or  that  shall  anchor  within  any -slip  or  basin  R«te«of  wharf 

J        1  age  on  canal 

in  said  city  shall  pny  one  cent  per  ton  per  day;  provided,  how-  |^iHa"0drrT. 
ever,  that  no  vessel  shall  pay  less  than  t  wenty-five  cents  nor  less  in*  bricks, 
than  one  day's  wharfage,  nor  shall  more  than  one  day's  wharf- 
age be  charged  unless  for  a  continuous  use  of  the  pier,  wharf, 
bulkhead,  slip,  or  basin  of  more  than  twenty-four  hours. 

;>  800.  Every  canal  boat,  and  any  vessel  engaged  in  freight- 
ing brick  on  the  Hudson  river  occupying  a  berth  next  to  any 
pier,  wharf,  or  bulkhead  in  the  city  of  New  York,  and  engaged 
in  delivering  cargo  upon  said  pier,  wharf,  or  bulkhead,  or  re- 
ceiving cargo  therefrom,  shall  pay  wharfage  at  the  rate  of  fifty 
cents  for  every  day  or  part  of  a  day  while  so  engaged;  but  when 
unloaded  such  canal  boat  or  vessel  aforesaid  shall  pay  wharfage 
at  the  rate  of  thirty  cents  per  day  or  part  thereof;  but  no  canal 
boat  or  vessel  lying  in  any  slip  between  two  adjacent  piers  shall 
bo  required  to  pay  full  wharfage  to  the  ownei-s  or  lessees  of 
both  said  piers  for  the  same  day,  notwithstanding  such  canal 
boat  or  barge  may,  during  said  day  have  changed  her  location 
between  said  piers;  provided  that  the)' shall  pay  one-half  rates  to 
each  owner  or  lessee  when  they  have  changed  their  locations  be- 
tween said  piers;  and  the  word  day,  whenever  it  occurs  in 
this  and  the  last  preceding  section,  shall  be  taken  and  construed 
to  mean  twenty-four  hours. 

§  801.  It  shall  be  lawful  for  the  owners  or  lessees  of  any  pier,  ^'fmend*' 
wharf  or  bulkhead  within  the  city  of  New  York,  to  charge  and  CoTuphi^5,  $2- 
collect  the  sum  of  five  cents  per  ton  on  all  goods,  merchandise,  Rates  per  ton 

.  *         .  i  '   _e        t    ill  goods,  etc., 

and  materials  remaining  on  the  pier,  wharf  or  bulkhead  owned  remaining  on 

,  .  pier  or  wharf. 

or  leased  by  him.  for  every  day  after  the  expiration  of  twenty-  -n.  v.  «& 
four  hours  from  the  time  such  goods,  merchandise  and  materials 
shall  have  been  left  or  deposited  on  such  piers,  wharf  or  bulk- 
head, and  the  same  shall  be  a  lien  thereon. 

§  802.  It  shall  be  the  duty  of  every  person  owning  or  having  i8n>,ciLi<K,|i. 
charge  of  any  pier,  wharf,  bulkhead  or  slip  in  the  city  of  New    ll"p  1507 


:;us 


PORT  OF  NKW  yoltK  DEFINED. 


Section  rcK»- 
laliiiK  rates  to 
be  printed  on 

n  hatfage  bills. 


Penalty  {•» 
receiving 
illegal  rate-. 


in;;,,  ch.  148.  i-i. 
Coni]>.  IMS. 
Port  of  New 
York,  what 
«  at  its  in- 
cluded  (herein 


1809S,  ch.  4*;.  |8, 
Comp.  15C9. 
Duties  of  cap 
lain  of  jiort. 


id.  K 

Regulations 
lo  the  port. 


1871,  ch.  OS.  Jl, 
Comp.  1373. 
Duty  of  canal 
colleetor.to  col- 
lect annual  fee 
on  canal  boats. 


York,  to  cause  to  be  printed  on  the  back  of  all  bills,  presented 
by  them  for  wharfage,  section  seven  bundled  and  ninety-eight 
of  tins  act,  and  the  owner,  consignee  or  person  in  charge  of  any 
vessel  sball  not  be  required  to  pay  the  wharfage  or  dockage  due 
on  such  vessel,  unless  upon  his  demand  the  bill  printed  in  con- 
formity with  this  section  is  presented  to  him.  Any  person  own- 
ing or  having  charge  of  any  pier,  wharf,  bulkhead  or  slip  as 
aforesaid,  who  shall  receive  for  wharfage  any  rates  in  excess  of 
those  now  authorized  by  law.  shall  forfeit  to  the  party  aggrieved 
treble  the  amount  so  charged  as  damages,  to  be  su« -«1  for  and  re- 
covered by  the  party  aggrieved. 

$803.  The  port  of  New  York,  wherever  the  same  is  men 
tioned  or  referred  to  in  titles  two  and  three  of  this  chapter,  ex- 
cept sections  seven  hundred  and  fifty-eight  to  seven  hundred  and 
sixty-one.  inclusive,  shall  be  deemed  and  taken  to  include  all  the 
waters  of  the  North  river  or  East  river,  adjacent  to  or  opposite 
to  the  shores  of  the  city  and  county  of  New  York,  as  the  bound- 
aries of  said  city  and  county  of  New  York  are  now  fixed  by  law. 

§  MJ4.  The  captain  of  the  port  shall,  in  addition  to  the  piers 
and  waters  especially  assigned  thereto  by  law,  assign  such  ac- 
commodations for  canal  boats  and  barges  engaged  in  the  busi- 
ness of  transporting  property  on  the  IJudson  river,  or  coming  to 
tide  water  from  the  canals  of  the  state,  or  arriving  in  said  port 
from  Albany  or  any  place  north  or  west  thereof,  as  may  from 
time  to  time  be  necessaiy  in  receiving  and  discharging  their 
cargoes. 

£  805.  No  vessel,  other  than  canal  boats,  barges  or  lighters  re- 
ceiving or  delivering  property  from  or  to  said  canal  boats  or 
barges,  shall  use  or  enter  into  for  the  purpose  of  using  any  part 
of  the  port  of  New  York  set  apart  for  the  use  of  canal  boats  and 
barges,  without  the  written  consent  of  the  captain  of  the  port 
had  and  obtained  therefor,  and  then  only  between  the  first  day 
of  January  and  twentieth  day  of  March  in  each  year, and  when  not 
occupied  by  canal  boats,  under  a  penalty  of  one  hundred  dollars 
for  every  day  that  such  vessel  shall  remain  in  said  part  of  said 
port  so  set  apart,  after  being  notified  to  leave  by  the  captain  of 
the  port  or  a  harbormaster,  and  said  penalty  shall  be  a  lien  upon 
any  such  vessel,  and  be  enforced  by  proceedings  against  it,  insti- 
tuted by  and  in  the  name  of  the  captain  of  said  port  according 
to  the  provisions  of  the  laws  of  this  State  concerning  attach- 
ments against  vessels. 

§  806.  The  collector  of  canal  tolls  for  the  city  of  New  York 
shall  not  give  permits  or  clearances  to  canal  boats  navigating  the 
waters  of  this  State,  until  the  captain  or  master  of  said  canal 
boat  has  paid  or  satisfied  the  annual  fee  of  one  and  one- 
quarter  dollars  due  the  harbor  masters  of  the  port  of  New  York, 


vioi.  vno.N's  to  BE  BEPOBfED. 


and  imposed  by  tin1  laws  of  this  Stale;  which  fees  may  ho  paid 
to  the  said  collector  of  canal  tolls  for  said  harhor  masters. 

j  B07.  Bach  harbor  master  shall  have  power,  within  the  dis-  com^iiW 
trict  assigned  to  him,  subject  to  the  other  provisions  of  this  act,  f^,™;^1'11 
to  provide  and  assign  suitable  accommodations  for  all  ships  and  j^Jj^VJj 
vessels,  and  regulate  them  in  the  stations  they  are  to  occupy  at  f,,*"1.?,  " 
the  wharves  or  in  the  stream,  and  to  remove  from  time  to  time 
such  vessels  as  are  not  employed  in  receiving  or  discharging 
their  cargoes,  to  make  room  for  such  others  as  require  to  be  more 
immediately  accommodated  for  the  purpose  of  receiving  or  dis- 
charging their  cargoes,  and  shall  have  power  to  determine  as  to 
the  fact  of  their  being  fairly  and  in  good  faith  employed  in  re- 
ceiving or  discharging  their  cargoes,  and  shall  have  authority  to 
determine  how  far  and  in  what  instance  it  is  the  duty  of  the 
master  and  others  having  charge  of  ships  and  vessels  fo  accom- 
modate each  other  in  their  respective  situations.  And  if  any 
master  or  any  person  having  charge  of  any  vessel,  canal  boat, 
barge  or  lighter,  shall  refuse  or  neglect  to  move  his  vessel,  canal 
boat,  barge  or  lighter  when  ordered  to  do  so  by  the  captain  of 
the  port,  or  by  a  harbor  master,  or  shall  resist  or  forcibly  oppose 
said  officers  in  the  discharge  of  their  duties,  such  master  or  per- 
sons so  refusing,  neglecting,  resisting  or  opposing,  shall,  for 
every  such  offense,  forfeit  and  pay  the  sum  of  fifty  dollars,  to  be 
recovered  with  costs  of  suit,  by  and  in  the  name  of  the  captain 
of  the  port,  before  any  court  having  cognizance  thereof. 

g  BOS.  Any  person  who  shall  falsely  represent  himself  to  be  a  11 
harbor  master,  or  wrongfullv  perform  the  duties  of  harbor  mas-  tationsfro 


ter,  shall  be  deemed  guilty  of  a  misdemeanor,,  and,  upon  con 
viction  thereof,  shall  be  imprisoned  in  the  county  jail  for  a  term 
not  exceeding  sixty  days,  and  fined,  in  the  discretion  of  the 
court,  a  sum  not  exceeding  twenty-five  dollars.    The  captain  of  1,1  s°- 
the  port  shall  have  power  to  designate  some  harbor  master  as  his  harbor  master 
deputy,  who  may,  during  his  absence,  or  in  case  of  a  vacancy  in  captain  of  port 
his  office,  perform  all  the  duties  belonging  to  the  office  of  captain 
of  the  port,  and  the  acts  of  said  harbor  master,  so  performed, 
shall  be  valid  and  binding. 

§  809.  It  shall  be  the  duty  of  the  captain  of  the  port,  or  a  oS&^iwk'15 
harbor  master,  whenever  required  by  the  captain,  owner,  or  b^0°fnactt0 
consignee  of  any  vessel,  or  any  person  having  charge  of  any  ves- 
sel, to  show  a  copy  of  chapter  four  hundred  and  eighty-seven  of 
the  laws  of  eighteen  hundred  and  sixty-two,  or  of  sections  eight 
hundred  and  seven  and  eight  hundred  and  eight  of  this  act  to 
such  captain,  owner,  or  consignee,  and  no  person  shall  be  fined 
for  a  violation  of  said  sections  until  that  has  been  done. 

§  810.  It  shall  be  the  duty  of  the  harbor  masters  and  pilots  of  comi'.'Yr.j: 
the  port  of  New  York  to  report  to  the  commissioners  of  pilots 


COMMISSIONERS  OK  TAXES  AN  I)  ASSESSMENTS. 


Violations. 


|H.V»,  cli.  aw., 
1871.  cb.  849, 
Comp.  1674. 
Floating  doc 
tn  bfl  used  f( 

repair  of 

vessels. 


ks 


1873,  ch.335,  $87, 
Comp.  5,55. 
1859,  ch.  302,  JC, 
Comp,  55C. 


1859,  ch.  302,  §3, 
Comp.  556. 

Deputy  tax 

commissioners. 


1859,  ch.  302,  *7 
Comp.  550. 


all  violations  of  sections  seven  hundred  and  thirty-six,  seven 
hundred  and  forty-six,  seven  hundred  and  forty-eight,  seven 
hundred  and  fifty-six,  seven  hundred  and  sixty-four  and  seven 
hundred  and  seventy-seven  to  seven  hundred  and  eighty 
three,  inclusive,  which  may  come  to  the  knowledge  of  said  har- 
bor masters  or* pilots,  or  which  may  be  made  known  to  them  by 
complaint  or  otherwise. 

§811.  It  shall  he  lawful  for  the  floating  docks  of  the  New 
York  Balance  Dock  Company  and  of  the  New  York  Floating 
Dry  Dock  Company,  to  he  used,  with  the  consent  of  the  ow  ners 
of  the  piers  or  bulkheads  respectively  occupied  for  such  use,  or 
of  the  persons  entitled  to  collect  w  harfage  for  such  piers  or  bulk- 
heads, for  the  purpose  of  taking  up  ships  and  vessels  for  repair, 
coppering,  or  finishing,  in  the  manner  heretofore  practiced  in 
the  port  of  New  York;  subject  to  the  existing  authority,  by  or- 
dinance, to  regulate  the  use  of  the  slips,  piers,  and  wharves  of 
said  city. 


CllA  I'TEK  XV J. 

Taxes  and  Assessments,  \^  W-V  0j> 
Title  J. — Taxes. 

§  812.  The  commissioners  of  taxes  and  assessments  may 
regulate  and  abolish  the  subordinate  offices  and  bureaus,  as  shall 
seem  most  advantageous  to  the  public  service.  The  office  or 
offices  shall  be  in  one  of  the  public  buildings  or  elsewhere  in  said 
city  as  may  be  procured  according  to  law  and  assigned  by  the 
board  of  aldermen,  and  shall  be  kept  open  during  the  usual  days 
and  hours,  as  the  other  offices  are  by  law  required  to  be  kept 
open,  for  the  transaction  of  business.  The  books,  maps,  assess- 
ment rolls,  and  other  papers  pertaining  to  the  office  of  commis- 
sioners of  taxes  and  assessments  shall  continue  in  the  custody 
and  control  of  the  commissioners,  and  shall  continue  to  be  pub- 
lic records,  and,  at  all  reasonable  times,  shall  be  open  to  public 
inspection. 

§  813.  The  commissioners  of  taxes  and  assessments  shall  ap- 
point persons,  to  be  known  as  deputy  tax  commissioners,  who 
shall  perform,  under  their  direction  and  supervision,  such  duties 
as  the  commissioners  shall  prescribe.  They  shall  hold  their 
office  during  the  pleasure  of  the  said  commissioners. 

§  814.  It  shall  be  the  duty  of  the  deputy  tax  commissioners, 
under  the  direction  of  the  commissioners  of  taxes  and  assess- 
ments, to  assess  all  the  taxable  property  in  the  several  districts 


COMMISSIONER!*  OF  TAXES  AND  ASSESSMENTS. 


that  may  l>e  assigned  to  them  for  that  purpose  hy  said  commis- 
sioners, and  they  shall  furnish  to  thorn,  under  oath,  a  detailed 
statement  of  all  such  property  showing  that  said  deputies  have 
personally  examined  each  and  every  house,  building,  lot,  pier,  or 
other  assessable  property,  giving  the  street  and  ward  map  num 
her  of  such  ri  al  estate  emhraced  within  said  districts,  together 
with  the  name  of  the  owner  or  occupant,  if  known;  also,  in  their 
judgment,  the  sum  for  which  such  property,  under  ordinary  cir- 
cumstances, would  sell,  with  such  other  information,  in  detail, 
relative  to  personal  property  or  otherwise,  as  the  said  commis- 
sioners may,  from  time  to  time,  require.  Such  deputies  shall 
commence  to  assess  real  and  personal  estate  on  the  first  Monday 
of  September  in  each  and  every  year. 

§  813.  The  said  commissioners  shall  appoint  a  surveyor  from  ch  m  ' 
one  of  the  city  surveyors,  whose  duty  it  shall  be  to  make  the  £omP-550-" 

rf  S  j.  ,  Surveyor. 

necessary  surveys  and  corrections  of  the  ward  maps,  and  also  all 
new  maps  which  may  he  required  for  the  more  accurate  assess- 
ment of  real  estate.  He  shall  hold  his  office  at  the  pleasure  of 
the  commissioners. 

$10.  No  new  surveys  or  maps  of  the  several  wards  of  the  l\mph%T  '  ' 
said  city  except  Of  the  Twenty-third  and  Twenty-fourth  wards  asa^dS'17' 
as  now  authorized  by  law,  shall  be  prepared  for  the  use  of  said  oomp.m' J 
commissioners,  except  under  the  authority  of  the  board  of  alder-  n™-ii?nv^' 
men.  orniap< 

§  SI  7.  The  said  commissioners  shall  keep  in  their  office,  books  ims,ch.ao2,f|8,9 
to  be  called  "  the  annual  record  of  the  assessed  valuation  of  real  ev°3iM^  or.i 
and  personal  estate,"  in  which  shall  be  entered  in  detail  the  ,°,,e,iPt 
assessed  valuation,  of  such  property  within  the  city  and  county 
of  New  York,  and  which  said  books  shall  be  open  for  examina- 
tion and  correction  from  the  second  Monday  of  January  until 
the  first  day  of  May  in  each  and  every  year,  but  on  said  last 
mentioned  day,  the  same  shall  be  closed  to  enable  the  commis- 
sioners to  prepare  assessment  rolls  of  the  several  wards,  for  de- 
livery to  the  aldermen.    The  said  commissioners,  previous  to 
and  during  the  time  said  books  are  open  for  inspection,  shall  ad-  com^loneri'. 
vertise  the  fact  in  the  City  Record,  and  in  the  several  papers,  or  c^ip'Ya58' 
in  such  manner  as  they  shall  deem  most  advisable,  and  as  shall 
be  authorized  by  the  concurrent  vote  of  the  mayor,  corporation 
counsel,  and  commissioner  of  public  works. 

§  SIS.  The  assessed  valuation  of  all  personal  property  shall  be  isw,  ch.  a  is, 
entered  by  said  commissioners  in  books  or  rolls,  in  alphabetical  Comp  560' 
order,  of  the  names  of  persons  and  corporations  su1  ject  to  taxa- 
tion.   Xo  tax  or  assessment  thereof  shall  be  void  in  consequence 
of  the  name  of  the  rightful  owner  or  owners  of  any  real  estate 
in  said  city  not  being  inserted  in  the  assessment  rolls  or  lists 


CORRECTION  (»(•'  ASSESSED  VALl  U'lO.vs 


1*59,  Oh.80S,|ll. 
Comp.  557. 
Kqualization  of 


Hj'J,  ph.'8QI,|10, 
Comp.  557. 
Books  to  be 
kept  open.  etc. 


l*51),ch.  302. 
Comp.  55!>. 


Certiorari. 
1?59.  ch.302.  gSO. 


H70,  csh.  382,  58, 
Comp.  561. 
Power  to  remit 
or  reduce  taxes. 
Remission, 
when  to  be 
made. 

1873,  ch.338,§«. 
Comp.  555. 


Hut  ill  such  case  no  tax  shall  be  collected  except  from  the  real 
estate  so  assessed. 

§  819.  The  Commissioner  may  at  any  time  before  the  .second 
clay  of  April  in  each  year,  increase  or  may  diminish  at  any  time 
before  the  closing  of  the  books  of  annual  record  on  the  first  day  of 
May  in  each  year,  the  assessed  valuation  of  any  real  or  personal 
estate  in  said  city,  as  in  their  judgment  may  be  necessary  for  the 
equalization  of  taxation;  but  they  shall  not  increase  such  valua- 
tions after  said  books  are  open  for  correction  and  review,  except 
upon  notice  being  given  to  the  party  affected  by  such  increase, 
twenty  days  before  the  closing  of  said  books. 

§  820.  Dining  the  time  the  books  shall  be  open  to  public 
inspection,  application  may  be  made  by  any  person  considering 
himself  aggrieved  by  the  assessed  valuation  of  his  real  or  per- 
sonal estate,  to  have  the  same  corrected.  If  such  application  be 
made  in  relation  to  the  assessed  valuation  of  real  estate,  it  must 
be  made  in  writing,  stating  the  ground  of  objection  thereto;  and 
thereupon  the  commissioners  shall  examine  into  the  complaint, 
and  if  in  their  judgment  the  assessment  is  erroneous,  they  shall 
cause  the  same  to  be  corrected.  If  such  application  be  made  in 
relation  to  the  assessed  valuation  of  personal  estate,  the  applicant 
shall  be  examined  under  oath  by  the  said  commissioners,  who 
shall  be  authorized  to  administer  such  oath,  or  any  of  them,  and 
if  in  his  or  their  judgment  the  assessment  is  erroneous,  they 
shall  cause  the  same  to  be  corrected,  and  fix  the  amount  of  such 
assessment  as  they  may  believe  to  be  just,  and  declare  their  de- 
cision thereon  within  thirty  days  after  such  application  shall 
have  been  made  to  them.  But  said  commissioners  may  during 
the  month  of  May  in  any  year  act  upon  applications  for  the  re- 
duction of  assessments  upon  real  or  personal  property  filed  in 
their  office  on  or  before  the  thirtieth  day  of  April  preceding  : 
and  cause  the  corrected  amount  of  any  assessment  reduced  by 
them  to  be  entered  upon  the  assessment  rolls  for  the  year  in 
which  such  correction  may  be  made. 

§  821.  A  certiorari  to  review  or  correct  on  the  merits  any 
decision  or  action  of  the  commissioners  under  either  of  the  two 
preceding  sections  shall  be  allowed  by  the  supreme  court  or  any 
judge  thereof  directed  to  the  said  commissioners  on  the  petition 
of  tho  party  aggrieved. 

§  822.  The  commissioners  of  taxes  and  assessments  are  hereby 
invested  with  power  to  remit  or  reduce  a  tax  imposed  upon  real 
or  personal  estates,  but  such  remission  or  reduction  must  be 
made  within  six  months  after  the  delivery  of  the  books  to  the 
receiver  of  taxes  for  the  collection  of  such  tax.  It  shall  require 
a  majority  of  the  commissioners  to  corrector  reduce  the  assessed 
valuation  of  the  personal  property  of  any  person,  and  no  tax  on 
personal  property  shall  be  remitted,  canceled  or  reduced  after  the 
expiration  of  said  six  months,  unless  the  applicant  or  party  ag- 
rieved  shall  satisfy  the  commissioners  that  he  has  been  pre- 
vented by  absence  from  the  city  or  by  illness  from  making  his 
complaint  or  application  to  them  within  said  period.  The  board 
of  aldermen  shall  have  no  power  to  remit  or  reduce  any  tax. 


EXEMPTIONS  FROM  TAXATION.  818 

;>  S2:?.  Whenever  any  permit  shall  be  granted  by  the  proper  ^eww.iw 
officer  of  the  city  government,  for  the  erection  of  any  building,  Knsction  of 
pier  or  bulkhead  within  said  city,  a  copy  of  such  permit  shall  he  .t, 
furnished  by  the  said  officer  to  the  commissioners  of  taxes  and 

assessments. 

g  S2+.  The  following  property  in  said  city  shall  be  exempt  ft^g™^ 
from  all  taxation  in  addition  to  any  which  may  be  exempt  by 
virtue  of  general  laws  : 

1.  Any  real  estate  in  actual  use  as  a  site  or  sites  for  Columbia  [^^f  • 
( 'olloge. 

l\  Anv  real  estate  now  owned  or  hereafter  acquired  for  the  'r:i- rU,  »' 

J  *  k  onip.  OUj  . 

construction  and  maintenance  of  an  asylum  by  the  trustees  of 
the  Masonic  Hall  and  Asylum  Fund,  but  such  exemption* shall 
continue  only  so  long  as  the  entire  income  from  the  same  shall 
be  exclusively  used  for  benevolent  and  charitable  purposes. 

The  real  estate  of  the  National  Academy  of  Design,  situate       <•>< •  |t, 
on  the  corner  of  Fourth  avenue  and  Twenty-third  street,  but 
such  exemption  shall  continue  only  so  long  as  the  same  shall  be 
devoted  exclusively  to  the  advancement  of  the  fine  arts,  or  be 
used  as  a  free  school  of  design. 

4.  The  portion  of  the  property,  real  and  personal,  of  the  c^p1^1''0  i] 
Society  of.  the  New  York  Hospital,  from  which  no  income  is 
derived,  but  such  exemption  shall  continue  only  so  long  as  the 

same  shall  bo  used  exclusively  for  the  purposes  for  which  said 
society  was  chartered. 
•  5.  The  real  estate,  which -was  on  June  thirtieth,  eighteen  '*r'.  cu.ko.  §i, 

'  '        13  C  imp. 

hundred  and  seventy-four,  owned  by  the  House  of  Rest  for  Con- 
sumptives, but  such  exemption  shall  continue  only  so  long  as  it 
shall  be  in  actual  use  for  the  purposes  of  such  House  of 'Rest, 
and  such  exemption  shall  be  of  an  amount  not  exceeding  one 
hundred  thousand  dollars  in  value. 

G.  The  real  estate  owned  bv  the  Home  for  Incurables;  but  'W8.ch.a4B, ft, 

J  '  Com  p.  591. 

such  exemption  shall  continue  only  so  long  as  the  said  real 
estate,  or  the  income  thereof,  shall  be  used  exclusively  for  the 
purposes  for  which  the  association  was  incorporated. 

7.  The  property  of  the  Friendly  Society  of  St.   Ambrose  Q^^jg58' 
Church,  both  real  and  personal,  to  an  amount  not  exceeding 
fifty  thousand  dollars  in  value,  but  such  exemption  shall  con- 
tinue only  so  long  as  said  property  is  actually  used  for  the  chari- 
table purposes  of  the  said  corporation. 

5.  The  property,  both  real  and  personal,   of  St.   Luke's  cm^t^ 
Hospital. 

0.  The  real  estate  owned  hv  the  Young  Men's  Christian  im- ch  P. 

•>  <->  as  ameneed 

Association,  on  the  southwest  corner  of  Twentv-third  street  and  I?70-0'1,-'* 

'  -  Comp.  1901. 

Fourth  avenue,  but  such  exemption  shall  continue  only  so  long 


K.XF.MPTIONS  FKOM  TAXATION. 


eh.  4.  >:t. 
Comp.  18W. 
1808,  ch.  15,  $7, 
Comp.  181S. 
1880,  ch.  S3,  |S, 

us  umcndod 

1858,  oh,  24,  |1, 
Comp.  IH15. 

1859,  ch.  27D.S11, 
Comp.  1834. 
1KI9,  oh   I  |8, 

I  iomp.  it«T. 
1*54,  oh.  B61,  $2, 
Comp.  1828. 
1859,  ch.  285,  ST, 
Comp.  1880. 
|W)0,  oh.  4;9.  $r., 
Comp.  iK'll. 


lft'.O,  oh.  8, 18, 
Comp.  1838. 
ih»;t,  oh.  lit, «: 

i  'omp.  ins, 


ihoo,  oh.  <wr,  ss 

Comp.  JTtil. 


im;s.  oh  4'W.  $2 
Comp.  1TKJ. 


18CT.  oh.  122,  §r:, 
us  amended 
HC9.  ch.  780,  SI, 
Comp.  178*. 


1851,  ch.  225, 
as  amended 
18T8,  ch.  81,  §2, 
Comp.  1T8T. 


1S81,  ch.  50.  §2. 


1SG2,  ch.  453.  Jl, 
Comp.  589. 


as  the  same,  or  the  income  thereof,  is  used  exclusively  for  the 
purposes  for  which  the  association  was  incorporated. 

10.  The  real  and  personal  property  of  the  Roosevelt  I f « >s 
pital  ;  of  the  Presbyterian  Hospital  ;  of  the  Cooper  Institute,  so 
lone;  as  the  same  shall  be  appropriated  to  the  uses  and  purposes 
set  out  in  chapter  two  hundred  and  seventy-nine  of  the  laws  of 
eighteen  hundred  and  fifty-nine  ;  of  the  Clinton  Hall  Associa- 
tion to  the  extent  of  one  hundred  and  fifty  thousand  dollars  ;  of 
the  Astor  Library  ;  the  property  of  the  Merchants' and  Clerks' 
Library  Association  of  the  city  of  New  York  to  the  extent  of 
one-half  in  value  ;  the  real  and  personal  property  of  the 
Woman's  Library  of  the  city  of  New  York;  and  of  the  New 
York  City  Library  Association,  provided  that  the  amount  of 
such  exemption  shall  not  exceed  one  hundred  thousand  dollars, 
and  that  such  exemption  shall  continue  only  so  long  as  the 
property  shall  be  used  for  the  general  purposes  and  objects 
specified  in  the  charter  of  said  association  ;  the  real  and  j>er- 
sonal  property  of  the  trustees  of  the  Lenox  Library,  and  of  the 
Mott  Memorial  Medical  and  Surgical  Library  of  the  city  of  New 
York. 

11.  The  real  and  personal  estate  belonging  to  and  used  for 
the  charitable  purpose  of  the  New  York  Catholic  Protectory. 

12.  The  real  and  personal  property  belonging  to  the  Chil- 
dren's Aid  Society  of  the  city  of  New  York,  and  used  for  the 
charitable  purposes  thereof. 

13.  The  real  and  personal  property  belonging  to  the  Samari- 
tan Home  for  the  Aged  of  the  city  of  New  York,  and  that  held 
by  it  under  lease  from  others  when  the  lessee  is  required  to  pay 
the  annual  taxes  ;  provided,  however,  that  the  value  of  said 
property  so  exempted  shall  not  exceed  fifty  thousand  dollars, 
and  such  exemptions  shall  continue  only  so  long  as  such  prop- 
erty is  actually  used  for  the  charitable  purposes  of  said  corpora- 
tion. 

14.  The  real  estate  owned  by  the  Ladies'  Union  Aid  Society 
of  the  Methodist  Episcopal  Church  in  the  city  of  New  York,  but 
such  exemption  shall  continue  only  so  long  as  the  same,  or  the 
income  thereof,  shall  be  used  exclusively  for  the  purpose  of  said 
corporation. 

15.  The  real  and  personal  property  of  the  Nursery  for  the 
Children  of  Poor  Women,  used  exclusively  for  charitable  pur- 
poses. 

§  825.  The  real  estate  belonging  to  the  corporation  of  St. 
John's  College,  in  its  actual  occupation  or  use  in  the  Twenty- 
fourth  ward,  with  the  buildings  thereon,  is  exempt  from  the 
payment  of  any  tax  for  the  support  of  schools. 


EXEMPTIONS  FROM  TAXATION. 


^  s-Jf..  Tlu4  following-described  property  of  th««  1'nitnl  States, 
with  tlie  buildings  thert'oii,  shall  1)0  exempt  from  all  taxation. 

I.  The  land,  buildings,  and  machinery  owned  or  used  by  the  oolp?Ma  '' 
United  States  for  tho  assay  office,  established  by  act  of  congress,  >' 
passed  March  third,  eighteen  hundred  and  fifty  three,  or  for  any 
mint  or  branch  mint  which  may  be  authorized  by  act  of  con- 
gress, and  also  metal,  bullion,  or  coin  deposited  for  melting,  re- 
melting,  assaying,  coinage,  or  recoinage,  and  coin  stamped  at 
such  mint  or  branch,  and  bars  or  ingots,  after  melting,  remelt- 
ing,  or  assaying,  while  the  same  is  in  the  custody,  possession, 
or  under  the  control  of  the  officers  of  the  assay  office  or  mint, 
or  branch  mint. 

B.  The  land  and  buildings,  owned  and  occupied  as  a  general  uw^.^ |i, 
post-office,  and  appurtenant  and  adjacent  thereto,  but  such  ex-  i860.cb.5M.HM 

»«  i     11  ,  •  ,  ,  i     it  •       Comp.  15*!. 

emption  shall  continue  only  so  long  as  the  same  shall  remain  :4; 

the  property  of  the  United  States  and  be  used  for  public  pur-  0omP-,m" 
poses. 

3.  The  land  north  of  the  assay  office  in  Pine  street  and  the  H^mpi'^' '' 
land  adjoining  the  same  on  the  east. 

4.  The  entire  square  formed  bv  Wall,  William,  and  Hanover  ci.  m, 

■i  t-i      i  i  SSL  A.  Comp. 

streets,  and  Exchange  place.  lSM- 

e     "D   u-    '     r>     *  1874,  ch.  432. 

5.  Kobin  s  Keef.  s$i.  8,  comp 

•  1530 

6.  The  land  at  the  Battery  acquired  for  the  purpose  of  erect-  vw,eh.  sc2. 
Lag  a  barge  office  and  other  suitable  buildings  for  the  transaction  Vomp 
of  business  connected  with  the  United  States  revenue  service, 

and  for  the  landing  of  revenue  and  other  government  boats  and  i68S 
barges,  together  with  the  land  adjacent  thereto,  and  the  slip  or 
basin  connected  therewith,  but  such  exemption  shall  continue 
only  so  long  as  the  said  land  shall  remain  the  property  of  the 
United  States  and  be  used  for  the  purposes  aforesaid. 

7.  All  property  acquired  by  the  United  States,  for  the  im-  l^^pfiaii 
provement  of  the  Hudson  river  and  the  Spuyten  Duyvil  creek, 

from  the  North  river  through  the  Harlem  Kills  to  the  East  river, 
pursuant  to  chapter  one  hundred  and  forty-seven,  laws  of  eigh- 
teen hundred  and  seventy-six,  and  the  amendments  thereof  here- 
tofore enacted. 

§827.  The  exemption  from  taxation  of  every  building  for  l^mphw'*1, 
public  worship,  and  every  school-house  or  other  seminarv  of  BuUdingsfar 

*  .  ■*  '  public  worship. 

learning,  under  the  provisions  of  subdivision  three  of  section  «;hooi  houses, 
four,  title  one,  chapter  thirteen  of  part  first  of  the  Kevised  Stat- 
utes, or  amendments  thereof,  shall  not  apply  to  any  such  build- 
ing or  premises  in  the  city,  unless  the  same  shall  be  exclusively 
used  for  such  purposes,  and  exclusively  the  property  of  a  relig- 
ious society. 

§  828.  On  the  first  day  of  May  in  each  year,  the  commission-  jj^^oSnp 
era  shall  cause  to  be  prepared  from  the  books  of  annual  record  558 


etc.,  exempt. 
5  N.  Y.  370:  8 
Sand.  400:  13  X. 
Y.  220. 


ASSESSMENT  BOLLS, 


AHSPHsm.  ni     of  assessed  valuations  of  real  and  personal  estate  in  the  city, 

rolls  to  be  *  J  ' 

made.  assessment  rolls  for  each  of  .the  several  wards  of  said  city,  and 

shall  annex  to  each  of  said  rolls  their  certificate  that  the  same  is 

correct  in  accordance  with  the  entries  in  said  hooks  of  record. 

Roiis to b.-  The  rolls  thus  certified  must  on  thefitst  Mondav  of  July  in  each 
delivered  to  the  '  J  J 

supervisor*.      year,  he  delivered  hy  the  said  commissioners  to  the  hoard  of 

aldermen,  who  shall  meet  at  noon  on  that  day,  at  the  city  hall  in 
said  city,  for  the  purpose  of  receiving  the  same,  and  for  the  pur- 
pose of  performing  such  othei  duties  in  relation  thereto  as  are 
prescribed  hy  law. 

c^Aa68' *8'  829.  It  shall  ho  the  duly  of  the  comptroller  of  said  city  to 
Duties  of  the.     prepare  and  suhmit  to  the  hoard  of  aldermen,  at  least  four  weeks 

comptroller.        1  1 

hefore  their  annual  meeting,  in  each  and  every  year,  for  the  pur- 
pose of  imposing  the  annual  taxes,  a  statement  setting  forth  the 
amounts  hy  law  authorized  to  he  raised  hy  tax  in  that  year,  on 
account  of  the  corporation  of  the  city  of  New  York,  or  for  city 
purposes  within  said  city,  and  also  an  estimate  of  the  probable 
amount  of  receipts  hit  othc  city  treasury  during  the  then  current 
1973,011.888,18.  yCa,.  froni  all  the  sources  of  revenue  of  the  general  fund,  includ- 
ing surplus  revenues  from  the  sinking  fund,  other  than  the  sur- 
plus revenues  of  the  sinking  fund  for  the  payment  of  interest  on 
the  city  deht;  and  the  said  hoard  of  aldermen  areherehy  author- 
ized and  directed  to  deduct  the  total  amount  of  such  estimated 
receipts  from  the  aggregate  amount  of  all  the  various  sums  which 
hy  law  they  are  required  to  order  and  cause  to  be  raised  hy  tax 
in  said  year  for  the  purposes  aforesaid,  and  to  cause  to  be  raised 
by  tax  only  the  balance  of  said  aggregate  amount,  after  making 
such  deduction. 

comp1^3,  *  §  830-  Jt  sha11  be  the  duty  of  the  sai(1  Doartl  of  aldermen  to 
Deficiencies  to  include  in  anv  and  every  ordinance  or  resolution  passed  by  them 

be  provided  for.  i  t         •  m 

imposing  and  levying  taxes  for  any  purpose  or  purposes  author- 
ized by  law,  such  sum,  in  addition  to  the  aggregate  amount  re- 
quired for  such  purposes,  as  they  shall  deem  necessary,  not 
exceeding  three  per  cent,  of  said  aggregate  amount,  to  provide 
for  deficiencies  in  the  actual  product  of  the  amount  imposed  and 
levied  therefor. 

1871,  en  5T3,  is,      §831.  The  tax  or  assessment  rolls,  when  finally  submitted 

Comp.  5G1.  0  '  * 

Assessment      to  the  board  of  aldermen  on  the  first  Monday  of  July  in  each 
in  custodv  of    and  every  year,  shall  remain  in  the  custody  of  said  board,  but 
the  president  of  said  board  may,  by  written  permission,  permit 
access  to  them,  and  he  is  hereby,  in  the  name  of  the  board  of 
aldermen  and  as  its  act,  authorized  and  directed  to  cause  to  be 
Tax  w  be  ex-    properly  estimated  and  computed  the  taxes  annually  imposed, 

tended  therein.        '       *  1  « 

and  cause  the  same  to  be  properly  set  down  or  extended  in  the 
several  assessment  rolls  or  tax  books,  as  required  by  the  next 
section.    It  shall  also  be  the  duty  of  said  president  to  cause  -the 


VSSKssMKNT  HULLS. 


II  x 

rk 


items  of  said  taxes  to  he  carefully  added  and  to  set  down. the 
amount  of  the  same  therein  ;  and  w  hen  completed  todehver  the  gSJSjJgJj&J 
tax  hooks  relating  to  real  estate  to  the  clerk  of  arrears,  in  order  ^g^^JSw 
that  the  unpaid  water  rents  of  each  preceding  year  maybe  en-  "i'l  rr"11- 
tered  therein.    After  such  completion  of  the  assessment  rolls  or 
tax  hooks  it  shall  ho  the  duty  of  the  clerk  of  the  hoard  to  pro- 
cure from  the  members  of  the  hoard  of  aldermen  the  proper 
warrants  authorizing  and  requiring  the  receiver  of  taxes  to 
collect  the  several  sums  therein  mentioned,  according  to  law  ; 
and  immediately  thereafter  the  president  of  the  hoard  shall  de- 
livor  the  said  assessment  rolls,  with  the  warrants  aforesaid  an- 
nexed thereto,  to  the  receiver  of  taxes  ;  at  the  same  time  notify-  ta^tobe 
ing  the  comptroller  of  the  amount  of  taxes  in  each  hook,  in  order  !!?,',',',';!',; in'.  ', 
that  he  may  cause  the  proper  sum  to  he  charged  to  the  receiver 
for  collection.  ^ 

vj  S32.  At  such  annual  meeting  they  must  make  such  altera-  .J,'-'1' 
Hons  in  the  description  of  real  property  helonging  to  ndn-resi-  r>mp;'j?* 

r  1       1  "     °  Descriptions  pi 

dents  as  mav  he  necessary  to  render  such  descriptions  conform-  r,ii1  pn.pertyof 

'  ^  1  non-residents 

ahle  to  the  provisions  of  law  :  and  if  such  alterations  cannot  he  «<>  Reexamined, 
made,  they  must  expunge  the  descriptions  of  such  real  property, 
and  the  assessments  thereon,  from  the  assessment  rolls.    They  ;^--»'""  <•' 
must  also  estimate  and  set  down  in  a  fifth  column,  to  be  prepared  j^fsra!1!! 
for  that  purpose  in  the  assessment  rolls,  opposite  to  the  several 
sums  set  down  as  the  valuation  of  real  and  personal  property, 
the  respective  sums,  in  dollars  and  cents,  to  be  paid  as  a  tax 
thereon,  rejecting  the  fractions  of  a  cent.    They  must  also  add  §!S!2^^U. 
up  and  set  down  the  aggregate  valuations  of  the  real  and  per-  ^  comptS>n^! 
sonal  property  in  the  several  wards,  as  corrected  by  them  ;  and 
must  transmit  to  the  comptroller  of  this  State,  by  mail,  a  certifi- 
cate of  such  aggregate  valuations,  showing  separately  the  ag- 
gregate amount  of  the  real  and  personal  property  in  each  ward, 
as  corrected  by  the  board. 

§  833.  They  must  also  cause  the  assessment  roll  of  each  ward,  ™or*fu ,  r  n 
when  corrected  according  to  law,  and  finally  completed,  or  a  t..  n.-  .i«-iiv,-r.-.t 

,  ,  '  to  receiver  of 

fair  copy  thereof,  to  be  delivered  to  the  receiver  of  taxes  in  and 
for  said  city,  on  or  before  the  first  day  of  September  thereafter, 
with  the  proper  warrant  or  wan-ants  annexed,  under  the  hands 
and  seals  of  the  board  of  aldermen,  or  any  five  or  more  of  them, 
directing  and  requiring  him  to  collect  from  the  several  persons  i^s,.-),.^. 
named  in  the  assessment  roll,  the  several  sums  mentioned  in  oomp.wr. 
the  last  column  of  such  roll,  opposite  to  their  respective  names, 
and  to  pay  the  same  from  time  to  time,  when  so  collected,  to  the 
chamberlain  of  the  said  city. 

§  834.  If  the  aldermen  shall  willfully  refuse  or  neglect  to  per-  c^«jS!,f85' 
form  any  of  the  duties  required  of  them  by  the  two  preceding  Penalty, 
sections,  each  member  so  refusing  or  neglecting  shall  forfeit  to 


318 


BECECTEB  OF  TAXES. 


[fJ48,cb. 280,  art. 
1,  $4. as  amend- 
ed lN7.'j,  ch.  TOT, 
f  1,  Corop.  505. 
Hond  of  receiv- 
er of  taxes. 


<  »f  denpty. 


nsameii'li-.! 
18*4,  ch.  838,  |G 
Comp.  5(5". 
Additional  se- 
curity may  l*e 
required.  " 


is;3,  ch.  T6T,  S3, 
Comp.  601. 
Duty  of  comp- 
troller to  adjust 
accounts,  etc. 


the  mayor,  aldermen,  and  commonalty  of  the  city  of  New  York 
the  sum  of  one  hundred  dollars,  to  he  recovered  in  a  civil  action: 
and  shall  also  he  punishahle  for  a  misdemeanor. 

.  ^3~>.  The  receiver  of  taxes  shall,  before  entering  upon  the 
duties  of  his  office,  enter  into  a  hond  to  the  mayor,  aldermen, 
aptd  commonalty  of  the  city  of  New  York,  with  at  least  two 
sureties,  to  he  approved  hy  the  chamherlain  of  the  said  city,  ora 
justice  of  the  supreme  court,  in  the  penal  sum  of  twenty  livr 
thousand  dollars,  conditioned  for  the  faithful  jKM-formance  of 
the  duties  of  his  office,  and  every  such  hond  shall  he  a  lien  on 
all  the  real  estate  held  jointly  and  severally  by  the  receiver,  or 
his  sureties,  within  the  county  at  the  time  of  the  tiling  thereof, 
unless  there  be  named  and  described  in  or  on  said  bond,  real 
i^tatc  equal  in  value  to  the  amount  of  said  bond,  and  owned  by 
said  sureties  or  one  or  other  of  them,  in  which  case  the  said 
ti'.nd,  shall  be  a  lien  on  such  real  estate  so  described,  and  upon 
all  the*  real  estate  of  the  said  receiver,  and  no  other,  and  shall 
continue  to  be  such  lien  till  the  condition,  together  with  all 
costs  and  charges  which  may  accrue  by  the  prosecution  thereof, 
shall  be  fully  satisfied,  not  to  exceed,  however,  the  period  of 
ten  years  after  the  expiration  of  the  term  of  office  of  said  re- 
ceiver, unless  an  action  on  said  bond  shall  have  l>een  com- 
menced and  shall  then  Depending:  and  the  deputy  receiver  shall 
also  in  like  manner,  before  entering  upon  the  performance  of 
the  duties  of  his  office,  enter  into  a  like  bond,  with  the  like 
sureties,  in  the  penal  sum  of  ten  thousand  dollars,  conditioned 
for  the  faithful  performance  of  the  duties  of  his  office,  which 
said  bonds,  when  so  approved,  shall  be  forthwith  bled  in  the 
office  of  the  comptroller  of  the  said  city. 

;j  830.  If  at  any  time  during  the  continuance  in  office  of  the 
said  receiver  of  taxes,  or  of  the  said  deputy  receiver,  the  comp- 
troller shall  deem  the  sureties  of  them  or  either  of  them  insuf- 
ficient, he  may  require  the  said  receiver  of  taxes,  or  the  said 
deputy  receiver  to  enter  into  a  new  bond  with  the  like  sureties, 
and  to  be  approved  in  like  manner  as  hereinbefore  prescribed, 
within  such  time  as  he  may  direct,  not  being  less  than  ten  days 
after  requiring  such  new  bond  to  be  given;  and  in  case  of  the 
neglect  or  refusal  of  such  officer  to  furnish  such  bond  within 
the  time  so  directed  the  comptroller  may  declare  his  office 
vacant. 

§  837.  Upon  the  expiration  of  the  tenn  of  office  of  the  said 
receiver  or  deputy  receiver,  and  within  one  year  thereafter,  .it 
shall  be  the  duty  of  the  comptroller  to  examine  and  adjust  the 
accounts  of  such  receiver  or  deputy,  and  if  found  correct  to 
cause  a  certificate  to  that  effect  to  be  filed  with  the  bond  of  such 
officer;  and  such  certificate  so  filed  shall  be  a  full  discharge  and 


I  M'AID  TAXES. 


310 


satisfaction  of  the  conditions  of  such  bond,  and  the  Lien  or  liens 
thereby  created. 

>  s;is.  The  office  of  said  receiver  of  taxes  sIklII  l>e  kept  at 
BUCh  place  in  the  said  city  as  shall  he,  from  time  to  time,  by  or- 
dinance of  the  common  council,  assigned  for  that  purpose,  hut 
subject  to  the  other  provisions  of  this  act;  and  shall  be  kept 
open  on  each  day  in  the  year  (Sundays  and  puhlie  holidays 
excepted)  from  the  hour  of  eight  in  the  forenoon  till  two  in  the 
afternoon. 

§  839.  Subject  to  the  direction  of  the  comproller,  it  shall  be 
the  duty  of  the  receiver  of  taxes  personally  to  receive  all  taxes 
which  may  he  paid  at  the  said  office;  and  of  the  deputy  receiver 
to  retain  the  possession  in  the  said  oftiee,  and  not  elsewhere,  of 
the  warrants  and  assessment  rolls  which  shall,  from  time  to 
time,  he  delivered  to  the  said  receiver  by  the  aldermen  or  comp- 
troller. 

§  840.  The  receiver  of  taxes,  upon  receiving  the  assessment 
rolls  and  warrants,  shall  proceed  to  collect  an^  receive  the  said 
taxes  from  the  several  persons  assessed  in  the  said  assessment 
rolls  in  the  manner  hereafter  mentioned. 

§  841.  The  said  receiver  shall,  immediately  after  he  shall  have 
received  the  said  assessment  rolls,  give  public  notice  in  the  City 
Record,  and  when  authorized  as  provided  in  section  sixty-six  of 
this  act,  in  six  or  more  of  the  public  newspapers  printed  in  said 
city,  that  said  assessment  rolls  have  been  delivered  to  him,  and 
that  all  taxes  are  then  due  and  payable;  and  that  in  case  of 
payment  on  or  before  the  first  clay  of  November  thereafter,  the 
person  so  paying  shall  be  entitled  to  the  benefits  mentioned  in 
the  next  section. 

§  842.  If  any  person  who  shall  be  assessed  in  any  of  the  said 
assessment  rolls,  shall'pay  the  amount  of  his  taxes  on  or  before 
the  first  day  of  November,  succeeding  the  delivery  of  the  said 
assessment  rolls  and  warrants  to  the  said  receiver,  it  shall  he 
the  duty  of  the  said  receiver  to  receive  the  same  and  to  deduct 
therefrom  interest,  at  the  rate  of  six  per  cent,  per  annum,  be- 
tween the  day  of  such  payment  and  the  first  day  of  December 
then  next  succeeding. 

§  843.  If  any  such  tax  shall  remain  unpaid  on  the  said  first 
day  of  December,  it  shall  be  the  duty  of  the  said  receiver  of 
taxes,  in  said  city,  to  charge,  receive  and  collect  upon  such  tax 
so  remaining  unpaid  onthat  day,  in  addition  to  the  amount  of 
such  tax,  one  per  centum  on  the  amount  thereof,  and  to  charge, 
receive,  and  collect  upon  such  .tax  so  remaining  unpaid  on  the 
first  day  of  January  thereafter,  interest  upon  the  amount 
thereof  at  the  rate  of  seven  per  oentum  per  annum,  to  be  calcu- 
lated from  the  dav  on  which  said  assessment  rolls  and  warrants 


lH-Ui,i'h.£M,«rt. 

i,  jii,  OompJW 
« ifflce  » hen  i" 
be  kept 


as  amende' 1 

18ft,  oh.  888, 18. 
S.-  l-'.'l.eh 
§3$.  Comp.  70. 


Taxes  paid  ai 
the  office,  how 

received, 
1848,  ch.  I80,art, 
l,  |8,  Comp.  668. 


Duty  of 
receiver. 
18G0,ch.l21,ft2 
Comp.  563. 
Receiver  to 
give  notice, 


1843.  el),  aao. 
art.  2,  §4.  n* 

amended  1880, 
ch.  ia,  si2i>. 
Comp.  5w. 


I881;ch.  88, 


I'er  centum  and 
interest  to  be 
charged  on 
unpaid  taxr.s 
1881,  ch.  33,  $2. 
1843,  ch.  880. 
art.  a, 

18o0,ch.  121,f31. 
Comp.  G6& 


390 


COLLECTION  OF  TAXKM. 


shall  have  been  delivered  to  said  receiver  of  taxes  to  the  date  of 
payment;  and  such  increase  or  percentage  shall  be  paid  over 
and  accounted  for  by  such  receiver  from  time  to  time  as  there- 
inbefore described,  as  a  part  of  the  tax  collected  by  him.  The 
same  rate  of  interest  shall  be  charged  upon  any  tax  levied  in  the 
year  eighteen  hundred  and  eighty,  or  since  said  year,  and 
remaining  unpaid. 

ten, cb. 88i, s,  §  844.  It  shall  be  the  duty  of  the  said  receiver  to  charge,  col- 
1881. cb, 88, fa  lect,  and  receive  upon  all  taxes  remaining  unpaid  on  and  after 
the  said  first  day  of  January  an  interest  at  a  rate  of  seven  per 
cent,  per  annum,  to  be  calculated  from  the  day  on  which  the 
said  assessment  rolls  and  warrants  shall  have  been  delivered  to 
the  said  receiver. 

i8Bi.oh.8B,  |i.  §  845  if  any  taxes  of  any  year  shall  remain  unpaid  on  the 
taxes  to  pub-     Jit  st  day  of  November,  after  the  assessment-rolls  and  the  war- 

lish  notice,  mm  i     «  i  -it 

rants  to  collect  such  taxes  have  been  delivered  to  the  receiver  of 
taxes  in  the  city  of  New  York,  it  shall  be  the  duty  of  said 
receiver  to  give.  fTublic  notice  by  advertisement  for  at  least  ten 
days  in  two  of  the  daily  newspapers  and  in  the  City  Kecord, 
printed  and  published  in  said  city,  respectively,  that  unless  the 
same  shall  be  paid  to  him  at  his  office,  dn  or  before  the  first  day 
of  September  in  any  such  year,  he  will  immediately  thereafter 
proceed  to  collect  such  unpaid  taxes,  as  provider!  in  section  eight 
hundred  and  forty-three, 
iem, ch. 881.  §-\       ^  s-l*'..  The  receiver  of  taxes  shall,  immediately  after  the  first 

Comp.  5iJ.  «  '  <f 

Tax  receiver  to  clay  in  December  in  each  year,  give  public  notice  in  the  City 
qSringpay-     Record,  and  when  authorized  as  provided  in  section  sixty-six  of 
taxes.0  Mn      this  act,  at  least  six  of  the  daily  newspapers  printed  and  pub- 
lished in  said  city  respectively,  at  least  ten  days,  notifying  all 
persons  who  have  omitted  to  pay  their  taxes  to  pay  the  same  to 
him  at  his  office  on  or  before  the  first  day  of  January. 
i87i,ob. 88i, §i9.      §  847.  If  a  sum  of  money  in  gross  has  been  or  shall  be  taxed 
payment  of  un.  upon  any  lands  or  premises,  any  person  or  persons  claiming  any 
taxeiWefcarts  °f  divided  or  undivided  part  thereof  may  pay  such  pari  of  the  sum 
Part  unpaid to     ^  money  so  taxed,  also  of  the  interest  and  charges  due  or 

ne  a  llfll  upon  J  i  o 

8Bo^.°5i6and&  charged  thereon,  as  the  said  comptroller  may  deem  to  be  just 
and  equitable  ;  and  the  remainder  of  the  sum  of  money  so 
taxed,  together  with  the  interest  and  charges,  shall  be  a  lien 
upon  the  residue  of  the  land  and  premises  only,  which  residue 
may  be  sold  to  satisfy  the  residue  of  such  tax,  interest,  or 
charges,  in  the  same  manner  as  though  the  residue  of  said  tax 
had  been  imposed  upon  the  residue  of  said  lands  or  premises. 
1843.  ch 830, an.  §  848.  The  said  receiver  shall  demand  pavment  of  all  taxes 
comp.  569, 570.  assessed  on  incorporated  companies  in  the  said  city,  from  the 

Taxes  on  corpo-  *         i  ■  •  •> 

rations,  of  ^  president  or  proper  officer  ot  such  companies,  and  it  not  paid, 
demanded.      shall  proceed  in  the  collection  and  payment  thereof,  in  the  same 


t  COLLECTION  OF  TAXES. 


manner  as  in  other  cases,  and  his  receipt  shall  be  evidence  of 

the  payment  of  such  tax.    Such  taxes  shall  be  paid  out  of  the  T;,ll,,i"1111"1" 

*    J  *  or  company  a 

funds  of  the  company,  and  shall  be  ratably  deducted  from  the  fund"- 
dividends  of  those  stockholders  whose  stock  was  taxed,  or  shall 
l>e  charged  upon  such  stock,   if  no  dividends  be  afterwards 
declared. 

S  849.  The  receiver  of  taxes  shall  enter  into  suitable  books,  U. art.  1. |g, 
to  be  kept  by  him  for  that  purpose,  the  sums  received  by  him        h^w.  $ i. 
for  taxes,  and  at  the  expiration  of  the  oilier  hours  for  each  day,  Huitaw.-i  u 

i  c  to  be  procured. 

and  before  three  o'clock  thereof,  shall  render  a  statement  of  the 
same  to  the  chamberlain,  and  at  the  same  time  on  each  day  pay 
over  to  said  chamberlain  the  amount  received  on  such  day  ;  he 
shall  also  thereupon  receive  from  the  said  chamberlain  a  voucher 
for  the  payment  of  such  sums,  which  he  shall  forthwith,  on  the 
same  day,  exhibit  to  the  comptroller  of  the  said  city. 

j?  850.  It  shall  be  the  duty  of  the  deputy  receiver,  from  time  ,''„'*,! 
to  time,  to  enter  in  a  column  to  be  made  for  that  purpose  upon  jjjjjji* fJSjJjf" 
the  assessment  rolls  in  his  possession,  opposite  to  the  names  of  nw3w. 
the  persons  mentioned  therein,  and  who  shall  pay  their  tax  as 
aforesaid  lo  the  said  receiver  of  taxes,  the  fact  of  such  payment, 
the  amount  thereof,  and  the  day  when  paid,  and  to  enter  into 
suitable  books,  to  be  kept  by  him  for  that  purpose,  on  each  day 
such  payments,  with  a  statement  of  the  ward  for  which  the 
same  were  received,  and  the  names  of  the  parties  respectively 
on  whose  account  the  same  were  paid;  and  at  the  expiration  of 
the  office  hours,  and  on  the  same  day,  he  shall  furnish  to  the 
comptroller  of  the  said  city  a  detailed  statement  of  such  sums, 
and  of  the  ward  for  which  received,  and  of  the  names  of  the 
parties  respectively  on  whose  account  the  same  have  been  paid, 
which  shall  be  filed  bv  the  said  comptroller  in  his  office.    The  S*£t#*»be 

J  r  Riven  for 

comptroller  shall,  on  each  day,  immediately  after  receiving-  from  Pimento, 
said  deputy  receiver  the  said  statement,  compare  the  same  with 
a  voucher  furnished  to  him  by  the  receiver  of  taxes  and  the 
chamberlain  for  the  payment  thereof  to  the  chamberlain,  and  if 
the  aggregate  amounts  thereof  shall  correspond,  shall  credit  the 
said  receiver  of  taxes  in  his  books  with  such  amount. 

§851.. If  the  receiver  of  taxes,  or  the  deputy  receiver,  shall  ims, chjeao, art 
on  any  day  omit  or  neglect  to  furnish  to  the  chamberlain,  or  to  Receiver  and 
the  comptroller,  respectively,  the  statements  and  vouchers  re-  suq^dedin 
quired  by  law.  or  to  make  the  daily  payments  hereinbefore  pre-  sion  or  neglect . 
scribed,  it  shall  be  the  duty  of  the  comptroller  forthwith  to  sus- 
pend  from   office  the  party  delinquent.     In  case  of  such 
suspension,  the  comptroller  shall  appoint  a  suitable  person  to 
perform  the  duties  of  the  officer  so  suspended,  who  shall  con- 
tinue to  act  as  such  officer,  with  all  the*  powers  conferred 
upon  him  by  this  title,  until  the  party  suspended  shall  be 


i  OU.KC'I  lo.N   (>!     J'A  X  Ks.  , 


Id.  |1S, 
Comp.  501. 
Provision  in 
ease  of  their 
sickness  or 
absence. 


1871,  eh.  .W.  |S, 
Comp.  573. 

Collection  of 
unpaid  personal 
tax  by  distress 
nnd  sale 


,1881,  eh.  31 


1S4o.  ch.  m.  i'J. 
Comp.  580. 
Costs  to  be  col- 
lected in  addi- 
tion to  tax. 


lS43.eh.  230,art. 
3.  §10.  Comp. 
568. 

Duty  of  sheriff 
or  marshal 


restored,  or  another  person  shall  have  been  appointed.  On  mak- 
ing such  temporary  appointment,  the  comptroller  shall  he 
required  to  take  from  the  party  so  appointed  A  bond,  with  two 
sufficient  sureties,  to  he  approved  hy  the  chamberlain  and  filed 
with  the  said  comptroller,  iu  such  penal  sum  as  the  said  cham- 
berlain may  deem  just,  conditioned  for  the  faithful  performance 
of  the  duties  of  the  office  during  the  continuance  of  the  person 
so  appointed  therein;  and  all  the  provisions  of  this  title  prescrib- 
ing the  duties  of  the  said  receiver  of  taxes,  and  tho  said  deputy 
receiver,  shall  apply  to  the  person  or  persons  so  appointed  in 
their  stead  by  the  comptroller. 

852.  In  case  of  the  inabilit  y  of  the  receiver  or  of  the  deputy 
receiver  to  perform  the  duties  of  his  office  by  reason  of  sickness 
or  absence  from  the  city,  the  comptroller  shall  designate  some 
suitable  person  to  perform  the  duties  of  his  office  during  such 
inability,  and  shall,  in  his  discretion,  take  from  such  person  a 
bond,  with  sufficient  sureties,  in  the  maimer  prescribed  in  the 
preceding  section. 

?  853.  It  shall  be  lawful  for  the  said  receiver,  if  any  tax  for 
personal  property  and  the  interest  thereon,  as  hereinbefore  pro- 
vided, shall  remain  unpaid  on  the  fifteenth  day  of  the  month  of 
January,  succeeding  the  receipt  by  him  of  the  rolls,  to  issue  his 
warant,  under  his  hand  and  seal,  directed  to  the  sheriff,  or  any 
marshal  of  the  city  and  county  of  New  York,  commanding  him 
to  levy  the  said  tax.  with  interest  thereon  at  the  rate  of  seven  per 
cent,  per  annum  from  the  day  of  the  delivering  of  the  assessment 
rolls  and  warrants  to  the  said  receiver  to  the  time  when  the 
same  sball  be  paid  by  distress  and  sale  of  the  goods  and  chattels 
of  the  persons  against  whom  the  said  warrants  shall  be  issued, 
or  of  any  goods  and  chattels  in  his  or  her  possession  whereso- 
ever the  same  shall  be  found  within  the  said  city  and  county, 
and  to  pay  the  same  to  tbe  said  receiver,  and  return  such  war- 
rants within  thirty  days  after  the  date  thereof. 

£  854.  In  all  cases  where  the  said  receiver  sball  proceed  by 
distress  and  sale  of  the  goods  and  chattels  of  any  person  for 
the  payment  of  any  tax  djie  and  payable,  it  shall  be  lawful  for 
him  to  authorize  and  empower  the  officer  making  such  distress 
and  sale  to  collect,  in  addition  to  the  tax  and  the  interest  there- 
on, the  costs  of  such  distress  and  sale. 

£  855.  The  sheriff  or  marshal  to  whom  a  warrant  for  the 
collection  of  any  tax  is  issued  shall  give  public  notice  of  the 
time  and  place  of  sale  of  any  property  distrained  by  virtue 
thereof,  and  of  the  property  to  be  sold,  at  least  six  days  pre- 
vious to  the  sale,  by  advertisements  to  be  posted  up  in  at  least 
three  public  places  in  the  ward  where  such  sale  shall  be  made. 
The  sale  shall  be  by  public  auction. 


DISTRAINT  FOR  TAXES. 


§  850.  If  the  property  distrained  shall  he  sold  tor  more  than  »" 
the  amount  of  the  tax,  the  surplus  shall  be  returned  to  the  per-  trained  to  be 
son  in  whose  possession  such  properly  \v;is  when  the  distress 
was  made,  if  no  claim  he  made  to  such  surplus  hy  any  other 
poison.  If  any  other  person  shall  claim  such  surplus,  on  the 
ground  that  the  properly  sold  belonged  to  him,  and  such  claim 
he  admitted  by  the  person  for  whose  tax  the  same  was  dis- 
trained, the  surplus  shall  he  paid  to  such  owner;  hut  if  such 
claim  ho  contested  hy  the  person  for  whose  tax  the  property  was 
distrained,  the  surplus  moneys  shall  he  retained  hy  the  said 
sheriff  or  marshal  until  the  rights  of  the  parties  shall  he  deter- 
mined hy  due  course  of  law.  . 

g  B5&  J xi  case  of  the  refusal  or  neglect  of  airy  person  to  pay  {'I;,**,12^*' 
any  tax  imposed  on  him  for  personal  property,  if  there  he  Provision  in 

-  .  t"  .  ,  ease  of  non-pay 

no  goods  or  chattels  m  Ins  possession  upon  which  t lie  same  may  manto* taxfor 
he  levied  hv  distress  and  sale  according  to  law,  and  if  the  prop*  property. 

°  '      1      5  Hun.  it: 

erty  assessed  shall  exceed  the  sum  of  one  thousand  dollars,  the 
said  receive!-,  if  he  has  reason  to  helievo  that  the  person  taxed 
has  dehts,  credits,  choses  in  action,  or  other  personal  property, 
not  taxed  elsewhere  in  this  State,  and  upon  which  levy  cannot 
be  made  according  to  law.  may  thereupon  in  his  discretion  make 
application,  within  one  year,  to  the  court  of  common  pleas  of 
the  county,  or  the  supremo  court,  to  enforce  the  payment  of 
such  tax.    The  court  may  impose  a  fine  for  the  misconduct  J-'ineinaybe 

J  ■        r  imposed  equal 

mentioned  in  this  section,  sufficient  in  amountf  fdr  the  payment  x°*™ t&x and 
of  the  tax  assessed,  and  of  the  costs  and  expenses  of  the  pro- 
ceedings authorized  hy  this  title  to  enforce  such  payment,  or  to 
punish  such  misconduct  ;  and  the  amount  of  such  tax  shall  be 
paid  out  of  such  fine  to  the  said  receiver,  who  shall  pay  the  same 
in  like  manner  as  the  tax  was  required  to  be  paid;  and  costs  and 
expenses  of  such  proceedings  shall  be  paid  out  of  such  fine  to 
the  said  receiver  who  made  the  application  to  enforce  the  pay- 
ment of  the  tax. 

^  S5S.  Whenever  any  bond  taken  under  the  proceedings  re-  Id<  in- 
ferred to  in  the  last  preceding  section  shall  be  ordered  to  be  cuteeto operate 
prosecuted,  such  order  shall  operate  as  an  assignment  of  the  meat  of  bond  to 
bond  to  the  said  receiver,  who  shall  be  authorized  to  prosecute 
the  same  in  any  court  of  record,  in  his  name  as  such  receiver, 
as  the  assignee  of  the  officer  to  whom  the  bond  was  given,  in 
the  same*  manner  as  in  other  actions  on  bonds  with  conditions 
to  perform  covenants  other  than  for  the  payment  of  money: 
and  the  measure  of  damages  in  such  action  shall  be  the  extent 
of  such  tax,  and  the  costs  and  expenses  of  the  proceedings  to 
enforce  the  payment  thereof,  and  shall  bo  applied  and  paid  in 
like  manner  as  the  fine  mentioned  in  the  next  preceding  section 
is  therein  directed  to  be  applied  and  paid  ;  and  in  all  such 


324 


I'KKSONAI,  TAXKS. 


Comp.  585. 

Receiver  of 

luxes,  duty  nf. 
under  net. 


lsiii.  eh.  804,  S». 
<  'niiigi.  686, 
-Duty  of  attor- 
ney, ete. 


Id.  §o. 

Proceed  tags 
where  court  is 
convinced  that 
tax  cannot  t>e 
paid. 


Id.  §§6.  10, 
Comp.  585. 
Books  to  be 
kept  by  attor- 
ney, etc. 


actions,  if  the  plaintiff  recovers, he  shall  recover  all  costs against 
the  defendant* 

§  859.  It  shall  be  the  duty  of  the  receiver  of  taxeb  to  send  or 
<  anse  to  be  sent  to  the  "attorney  for  the  collection  of  •arrears  of 
personal  taxes,"  monthly,  all  cases  of  personal  taxes  embraced 
in  the  assessment  rolls,  when  the  assessment  is  one  thousand 
dollars  or  more,  and  upon  which  a  warrant  to  any  of  the  mar- 
shals of  said  city  and  county  has  been  issued  and  unsatisfied  for 
a  period  of  sixty  days,  or  returned  unsatisfied  in  whole  or  part, 
and  of  all  other  cases  of  personal  taxes,  except  in  those  cases 
where  the  comptroller  may  extend  the  warrant,  when  applica- 
tion to  any  court  may  be  made  .for  the  collection  of  the  tax, 
and  the  said  attorney  is  authorized  to  make  requisitions  upon 
the  said  receiver  for  all  such  cases. 

?  st'id.  The  attorney  for  the  collection  of  arrears  of  personal 
taxes  shaft,  subject  to  the  control  of  the  counsel  to  the  corpora- 
tion, be  charged  with  the  prosecution  of  all  suits  or  proceedings, 
in  any  court  having  jurisdiction,  for  the  collection  of  all  cases 
of  personal  taxes,  sent  to  him  by  the  receiver  of  taxes,  or 
where,  by  any  law  of  this  State,  any  suit  or  proceeding  may  be 
instituted  by  such  receiver  or  any  marshal  acting  under  a  tax 
warrant,  in  any  court  for  the  collection  of  any  tax  for  personal 
property,  and  shall,  subject  to  such  control,  act  as  attorney  and 
counsel  to  the  receiver  of  taxes,  ,  and  to  any  marshal  acting 
under  the  warrant  of  Said  receiver  in  the  collection  of  any  tax 
for  personal  property. 

§  s«;  l .  The  court  in  whklfany  proceeding  may  be  commenced 
to  enforce  the  payment  of  any  tax  for  personal  property,  may 
in  any  case  where  it  shall  be  satisfied  that  the  person  or  persons 
taxed  are  unable  for  the  want  of  property  to  pay  any  tax,  dis- 
miss the  proceedings  absolutely  without  costs,  or  conditionally 
upon  the  payment  of  costs,  or  may  dismiss  such  proceedings  on 
the  payment  of  such- part  of  the  tax  and  costs  as  shall  be  just. 
In  cases  where  any  proceeding  shall  be  dismissed  under  this 
section,  on  payment  of  a  portion  of  the  tax,  a  copy  of  the  order 
of  the  court  shall  be  filed  with  the  receiver  of  taxes,  and  a  note 
of  the  contents  of  such  order  entered  upon  the  assessment  roll, 
and  it  shall  be  the  duty  of  said  attorney  to  report  all  cases  dis- 
missed on  account  of  the  inability  of  the  person  to  pay  the  tax 
to  the  commissioners  of  taxes  and  assessments,  annually,  oh 
the  thirty-first  day  of  December  in  each  year  ;  and  said  commis- 
sioners are  hereby  authorized  to  strike  the  names  of  all  such 
persons  from  the  assessment  rolls  for  the  succeeding  year. 

§  862.  The  said  attorney  shall  keep,  in  proper  books  to  be 
provided  by  the  corporation  of  said  city  for  that  purpose,  a  reg- 
ister of  all  actions  or  proceedings  prosecuted,  and  upon  the  ex- 


ASSKSSMKNTS  l'DH  IMl'ROVKMKNTS. 


piration  of  his  term  of  office,  or  his  resignation  thereof  or  re- 
moval therefrom,  said  attorney  shall  deliver  to  his  successor  in 
office  all  books  and  papers  in  his  hands  belonging  to  his  office, 
or  delivered  to  him  by  tin-  receiver  of  taxes,  or  any  marshal  of 
said  city,  and  in  anyway  connected  with  his  office,  or  any  husi- 
ness  pertaining  thereto.    The  said  attovnev  shall  pav  over,  t..  »i,..,„,  an,., 

*  p  »  *    *  '    ney  to  pav  over 

under  oath,  (o  the  receiver  of  taxes  of  said  citv,  nionthlv.  or  •"*•,"{ "' ''• iv" ' 

"  '  «  '  ■  by  mm. 

oftener  if  required,  all  taxes  collected  by  him. 

I  863.  Any  tax  duly  imposed  for  personal  properly  upon  any  •  {jJJJ^jjgj  -! 
person  or  corporation  in  the  citv  and  count  vol'  New  York,  and  "'hen  "recall 

•  .  _  .  ill  «•  er  "  mav  pro*- 

which  shall  remain  unpaid  and  m  arrear  on  the  fifteenth  dav  ot  out.- for  tax 

1  I'll  on  por*01"1' 

January  succeeding ;  ^t he  year  in  winch  it  shall  have  heen  im-  i«-oi>-it> 
posed,  may  he  recovered,  with  interest  and  cost-;,  hy  the  receiver 
of  taxes  of  said  city,  in  an  action  in  any  court  of  record  in 
this  State.  • 

§  m'>4.  Thi>  counsel  of  the  corporation,  whenever  he  may  m-  »<-■ 
deem  it  essential  to  the  public  interests,  shall  assume,  conduct,  tion  counsel 
and  control  any  suit  or  proceeding  contemplated  under  the  pro-  'iiiHun!!!!' 
visions  of  the  five  preceding  sections,  and  employ  counsel  in  ' 
cases  connected  with  the  assessment  and  collection  of  taxes. 

Title  2. — Assessments  for  Improvements  other  than  Opening  and 
Closing  Streets,  etc. — For  what  purposes  Assessments  may 
he  Imposed  and  How.  —  '•   >  •  * 

jj  stuK  The  commissioners  of  taxes  and  assessments  shall  from  i .-i,r^.-^,.-(. 

•  .  •!<•  .  ,„  ,  , .  ' .  -,   a*5  amended 

time  to  tune  appoint  four  skillful  and  competent  disinterested  i*k», ch. «*, 

*  .  ..  .  Conip.  558. 

persons,  citizens  pf  the  United  States  and  residents  of  the  city  Assessors, 
of  New  York,  who  shall  constitute  a  hoard  to  be  known  as  the  fnSy'wfia 
hoard  of  assessors,  and  who  shall  he  charged  with  the  duty  of  Y\mfiiBm. 
making  the  estimates  and  assessments  required  by  law  for  m.^h^.i'!'. 
budding  wells,  erect  ing  pumps,  pitching,  paving,  regulating  and 
repairing  streets,  relaying  pavements,   constructing  sewers, 
fencing  vacant  lots  and  public  slips,  and  all  other  improvements 
directed  by  corporation  ordinance  for  which  an  assessment  may 
be  made. 

§  S66.  The  said  board  of  assessors,  or  a  majority  thereof,  c«mp*56a' |1P' 
shall  make  all  estimates  and  assessments,  give  all  notices,  re-  Board  of 

_  j  -  <T  assessor". 

ceive  and  pass  upon  all  objections,  and  certify  in  accordance 
with  the  existing  laws  relative  to  all  such  matters.  The  com- 
mon council  shall,  subject  to  the  other  provisions  of  this  act, 
provide  for  and  assign  to  said  assessors  a  suitable  and  convenient 
room  or  rooms  for  the  transaction  of  their  business,  and  shall 
provide  the  said  assessors  with  the  requisite  and  necessary  lights 
and  fuel  out  of  the  citv  treasurv. 


326 


DUTIES  OF  J'.OAKI)  OF  ASSESSORS. 


1801,  ch.  308,  SI, 
Comp.  615. 
58  N.  Y,  650;  17 
Hun,  5Mj  70  N. 
157;  311  How 
880;49How.405. 
HI  N.  Y.  08. 

1872,  ch.  580.  $0, 
Conip  en; 

I'owern  of 

board. 

81  Hun.  180. 


1881.  Ota.  308,  |1, 
Comp.  045. 
8  Dafr,  848:  68 
N,  Y.  033;  70 
N\  Y.  157. 


1880,  ell.  550, 
Assessments 

for  local  Im- 
provements. 

What  certifi- 
cates to  con- 
tain 


1840.  ch.  326,  §1 
Comp.  043. 
Duty  of  assess 
ors. 

1853,  ch.  579,  |1 
Comp.  580. 
Ward  or  block 
numbers. 


£  807.  The  comptroller,  counsel  to  the  corporation,  and  re- 
corder shall  continue  to  constitute  a  board  of  revision  and  cor- 
rection of  all  assessment  lists.  The  said  board,  or  a  majority 
thereof,  shall  have  and  perform  all  the  powers  and  duties  rela- 
tive to  the  revision,  correction  and  confirmation  of  assessment 
lists  specified  in  the  various  laws  relating  to  assessments  in  the 
said  city,  other  than  assessments  made  by  commissioners 
appointed  by  a  court  or  justice.  Said  board  -hall  have  power  to 
consider  on  the  merits  all.  objections  made  to  any  assessment, 
and  to  subpo'iia  and  examine  witnesses  in  relation  thereto,  and 
to  confirm  said  assessments,  or  to  refer  the  same  back  to  the 
board  of  assessors  for  rev isal  and  correction  in  such  respects  as 
they  may  determine.  The  revision  of  such  assessment  lists  shall 
be  made  without  delay,  so  that,  unless  the  same  are  referred 
back  for  revisal  and  correction,  they  shall  be  confirmed  within 
thirty  days  from  the  time  they  shall  respectively  be  presented  for 
confirmation,  and  if  not  so  confirmed  or  refeired  back,  they  shall 
be  deemed  to  be  confirmed  at  the  expiration  of  thirty  days  from 
the  time  they  shall  be  respectively  so  presented  for  continua- 
tion. 

§  80S.  All  assessments  hereafter  imposed  for  local  improve- 
ments in  said  city  shall  be  made  by  the  board  of  assessors  on 
the  following  certificates,  to  wit  : 

1 .  The  head  of  the  department  charged  with  the  execution  of 
the  work  in  question  shall  certify  to  the  said  board  of  assessors 
the  total  amount  of  all  the  expenses  which  shall  have  been 
actually  incurred  by  the  mayor,  aldermen  and  commonalty  on 
account  thereof. 

2.  The  comptroller  shall  certify  to  the  said  board  of  assessors 
the  amount  of  the  interest,  at  the  legal  rate,  upon  the  several 
installments  advanced  or  payments  made  on  account  of  such 
work,  from  the  time  of  such  payment  or  advance  by  the  city  to 
a  day  sixty  days  after  the  date  of  such  certificate.  Thereafter 
the  said  board  of  assessors  shall  assess  upon  the  property  bene- 
fited, in  the  manner  authorized  by  law.  the  aggregate  amount 
of  such  certificates,  or  such  proportion  thereof  as  is  authorized 
by  law,  and  the  said  board  shall  not  in  any  way  be  enjoined,  re- 
strained, hindered,  or  delayed  in  the  performance  of  this  duty; 
provided  that  nothing  contained  in  this  section  shall  be  con- 
strued to  affect  the  powers  of  the  board  for  the  revision  and 
correction  of  assessments. 

§  869.  In  all  cases  where  the  assessors  shall  describe  the 
houses  and  lots  assessed  for  any  improvement,  the  assessment 
shall  describe  and  particularize  all  such  houses  and  lots  by  the 
known  street  number  as  well  as  the  ward  number.  The  same 
ward  or  block  numbers  shall  be  used  to. designate  the  lots  as  are 


DUTIES  OF  BOABD  OF  ASSESSORS. 


or  may  be  used  to  designate  them  in  assessments  for  taxes,  and  ^J;^ ';»;.,••••  • 
no  other  numbers,  except  where  no  ward  or  block  numbers  is.,«,iv 
exist.  The  assessors  shall  also  state  the  names  of  the  owner  or 
owners  and  occupant  or  occupants;  and  it  shall  be  their  duty  to 
ascertain  by  inquiry  to  l>e  made  the  deputy  commissioners  of 
taxes  of  the  ward  in  which  the  property  assessed  is  situate,  and 
by  inquiry  of  the  receiver  of  taxes  as  to  such  ownership,  and 
such  persons  shall  afford  the  requisite  information. 

<J  870.  The  assessors  shall  in  no  case  assess  anv  house,  lot.  im-  .-«.;.  ,;. 

( 'omj>.  044. 

proved  or  unimproved  lands  more  than  one  halt  the  value  of  Amount  at 
such  house,  lot,  improved  or  unimproved  land  as  valued  by  the  istobeaa?"^5 
M8MMV8  of  the  ward  in  which  the  same  shall  be  situate.  w  n'y _ 

g  871.  It  shall  be  the  duty  of  the  board  of  assessors  when  ton.  v.^i 
thev  have  completed  any  assessment  to  give  notice  to  the  owner  uHln.it:  ii 

■T         t  '  <•  Hun  381;  74 

or  owners,  and  to  the  occupant  or  occupants  ol  all  houses  and  n.  v.  cio::.; 
lots  and  improved  or  unimproved  lands  affected  thereby,  that  i?°Y' .^Jj 75 
they  have  completed  the  estimate  and  assessment;  such  notice  iMi.cn.  m.  §i 
shall  be  published  daily  in  the  City  Record,  and  when  authorized  Noucetobo 
pursuant  to  the  provisions  of  section  sixty-six  of  this  act,  in  at  pi^n'ofesti 
least  two  of  the  daily  newspapers,  for  ten  days  successively.  i"^men?.88" 
The  notice  shall  describe  the  limits  embraced  by  such  assess- 
ment, and  shall  contain  a  request  for  all  persons  whose  interests 
may  be  affected  thereby,  and  who  may  be  opposed  to  the  same, 
to  present  their  objections  in  writing  to  the  chairman  of  the  as- 
sessors within  thirty  days  from  the  date  of  such  notice,  and  if 
after  examining  such  objections,  the  assessors  shall  not  deem  it 
proper  to  alter  their  assessment,  or  having  altered  it,  there  shall 
still  be  objections  to  the  same,  it  shall  be  their  duty  to  present 
such  objections,  with  the  assessment,  to  the  board  of  revision 
and  correction. 

872.  The  board  of  assessors  are  hereby  empowered  and  ■.^VnmMki 
directed  to  assess  upon  the  property  intended  to  be  benefited, 
in  the  manner  provided  by  law  for  making  assessments  for  local 
improvements,  the  expense  now  incurred,  or  which  shall  here- 
after be  incurred  by  the  mayor,  aldermen,  and  commonalty,  for 
the  construction  of  sewers  in  portions  of  the  city  not  embraced 
within  the  limits  of  any  sewerage  district,  and  said  assessments 
shall  be  confirmed  and  collected  in  the  manner  provided  by  law 
for  the  confirmation  and  collection  of  assessments  for  local  im- 
provements in  the  city;  provided  that  no  premises  on  which  an 
assessment  for  a  sewer  was,  before  April  twenty-sixth,  eighteen 
hundred  and  seventy,  paid  or  vacated  by  an  order  of  the  su- 
preme court,  shall,  by  reason  of  anything  contained  in  this  sec- 
tion, become  liable  to  be  again  assessed  for  the  same  improve- 
ment; and  further  provided  that  the  expense1  of  making  any  new 


1WYMKNT  (.1  AWAIiDS, 


iris.  oh.  r.s.  |8, 

Comp.  058. 
Assessors  to 
estimate  loss 
and  damage  to 

owners  of  land, 
and  make 
award  of 
amount, 
BS  How,  2A); 

■111  How,  403; 
(J  Daly.  1H: 
S  Y.  IWt;  7 
Hun.  281: 64  N. 
Y.  600:  a  Hun, 
755  ;  62  N.  Y. 
8M;  H.  L,  lHl.'t, 
oh.  80. 


1877,  rb  164, 
Comp.  67!). 
Owners,  etc  .  of 
lands  entitled 
to  dumoges 
caused  by 
clmngo  of 
grade. 


Owners,  etc.,  of 
lauds  entitled 
to  damage* 
caused  by 
change  of 
grade. 


Ascertaining 
and  assessing 
of  damage. 


Proviso. 


assessment,  pursuant  to  this  section,  shall  be  home  by  the 
mayor,  aldermen,  and  commonalty. 

§  R73.  In  all  cases  where  the  grade  of  any  street  or  avenue 
which  was  estahlished  south  of  Sixty-third  street  on  or  before 
March  fourth,  eighteen  hundred  and  fifty-two,  or  which  has 
been  since,  or  shall  hereafter  be  established  north  of  said  Sixty 
second  street,  shall  be  changed  or  altered  in  whole  or  in  part,  it 
shall  be  the  duty  of  the  board  of  assessors  to  estimate  the  less 
and  damage  which  each  owner  of  land  fronting  on  such  street 
or  avenue  will  sustain  by  reason  of  such  change  to  such  lands, 
or  to  any  improvements  thereon;  and  make  a  just  and  equitable 
award  of  the  amount  of  such  loss  or  damage  to  the  owner  or 
owners  of  such  lands  or  tenements  fronting  on  such  street  or 
avenue  and  opposite  thereto,  and  affected  by  such  change  of 
grade,  and  the  amount  of  such  award  shall  be  included  in  the 
expense  of  such  proceeding,  and  with  such  expense  shall  be  as- 
sessed as  provided  in  and  by  section  eight  hundred  and  seventy* 
seven. 

$>  874.  All  persons  owning  lands  and  premises  in  the  Twen- 
ty-third and  Twenty-fourth  wards  shall  be  entitl<  d  to  compensa- 
tion for  all  damages  to  their  buildings  and  improvements  result- 
ing from  the  change  of  the  grade  of  the  street  or  avenue  running 
in  front  of  the  lands  or  premises  owned  by  them,  where  such 
grade  lias  been  or  shall  be  changed  by  the  department  of  public 
parks,  or  other  department  or  competent  authority  of  said  city, 
in  the  following  cases:  I.  Where  the  original  grade  has  been 
established  by  the  board  of  trustees  of  the  town  of  Morrisania, 
•or  by  the  commissioners  appointed  by  chapter  eight  hundred  and 
forty-one  of  the  laws  of  eighteen  hundred  and  sixty-eight,  or  by 
any  commissioners  appointed  by  any  act  of  the  legislature  of  this 
State,  where,  in  either  case  the  street  or  avenue  has  been  graded 
in  accordance  with  such  grade,  or  where,  in  either  case,  the 
buildings  and  improvements  have  been  erected  or  made  since 
the  establishment  of  such  grade.  2.  Where  the  original  grade 
has  been  heretofore  estahlished  by  said  department  of  pub! it- 
parks,  or  shall  hereafter  be  established  by  said  department,  or 
by  any  department  or  competent  authority  in  said  city  where 
the  street  or  avenue  has  been  or  shall  be  graded  in  conformity 
to  such  grade,  or  where  the  buildings  and  improvements  have 
been  or  shall  be  erected  or  made  subsequent  to  the  establishment 
of  such  grade.  Such  damages  shall  be  ascertained  and  assessed 
in  connection  with,  and  as  a  part  of  the  expenses  of,  the  grad- 
ing of  the  street  or  avenue  in  conformity  with  the  grade  as 
changed;  provided,  however,  that  in  cases  where  the  street  or 
avenue  was  graded  prior  to  June  16,  1877,  in  conformity  with 
the  grade  as  changed,  and  an  assessment  of  the  expense  thereof 


I  *.  \  MIST  <>| 


^  w  \  i;i>s. 


had  been  then  and  made  final,  no  damages  shall  be  allowed 

or  recoverable  under  this  section,  but  where  DO  assessment 
had  been  then  levied  and  made  final,  damages  --hall  1m-  allowed 
and  be  recoverable  as  hereinbefore  provided. 

S  873.  Unless  it  shall  be  petitioned  for  by  a  majority  of  the  ^n'/1' 
owners  of  the  property  (who  shall  also  bo  the  owners  of  a  ma- 
jority of  the  front  feet)  on  the  lino  of  the  proposed  improve- 
ment, no  assessment  shall  be  imposed  for  the  paving  of  any 
street,  avenue,  or  public  place  or  any  portion  thereof,  which 
street,  avenue,  public  place  or  portion  has  been  once  paved  and 
the  expense  thereof  paid  by  the  owners  of  the  adjoining  prop- 
erty. 

s7(>.  The  mayor,  aldermen,  and  commonalty  shall,  within  ^mp'tiM' $l' 
four  months  after  the  confirmation  of  the  assessment  of  the  Amount  of 

i  nii  •  award  to  be 

assessors,  made  in  pursuance  of  the  last  section  but  one,  pay  to  paw  by  mayor 


the  respective  parties  entitled  thereunto,  the  amount  of  such  ^J1.0^-. ^-fi 
awards  in  their  favor  respectively;  and  in  case  of  their  neglect  J-  d^,;^ 
or  default  to  pay  the  same  after  demand  made  therefor,  it  shall 
be  lawful  for  the  person  or  persons  entitled  to  the  same  to  sue 
for  and  recover  the  amount  of  said  awards,  and  in  case  any  such 
award  or  compensation  shall  be  paid  to  any  person  or  persons 
not  entitled  thereto,  when  the  same  ought  to  have  been  paid  to 
some  other  person  or  persons,  it  shall  be  lawful  for  the  person  ^™  rfeht'pi'r 
or  persons  to  whom  the  same  ought  to  have  been  paid  to  sue  for  ^""r 
and  recover  the  same  with  lawful  interest  and  costs  of  suit,  as 
so  much  money  had  and  received  to  his,  her,  or  their  use,  by  the 
person  or  persons  respectively  to-  whom  the  same  shall  have 
been  so  paid  ;  provided  that  when  the  name  or  names  of  the 
owner  or  owners,  party  or  parties  are  not  set  forth  in  the  report 
of  the  assessors,  or  where  the  said  owners,  parties,  or  persons 
respectively,  being  named  therein  shall  be  insane,  a  married 
woman  under  the  age  of  twenty-one  years,  or  absent  from  the 
city,  or  after  diligent  search,  cannot  be  found,  or  their  title  to 
receive  such  awards  disputed,  it  shall  be  lawful  for  the  said 
mayor,  aldermen,  and  commonalty  to  pay  the  sum  or  sums 
mentioned  in  said  report,  or  that  would  be  coming  to  such 
owners,  parties,  and  persons  respectively,  to  the  chamberlain,  to 
be  secured,  disposed  of,- and  improved  as  the  superior  court  shall 
direct,  and  such  payment  shall  be  as  valid  and  effectual  in  all 
respects  as  if  made  to  the  said  owners,  parties,  and  persons  re- 
spectively themselves,  according  to  their  just  rights,  if  they  had 
been  known  and  had  been  present,  of  full  age,  single  women, 
and  of  sound  mind.  Upon  payment  of  any  such  sum  or  sums 
to  the  said  chamberlain,  the  said  commissioner  of  public  works 
or  other  officer  of  the  corporation  by  whom  °iuch  payment  shall 


330 


CoNSTKlCTlOX  OK  SKWKKS,  KIT 


1871.  eta.  .'.*18,  i-! 
Omnp.  191. 

Expenses 
incurred,  how 
assessed  upon 
property 
benefited 


1818,  eh.H0,J17j, 
Clomp.  087. 
Sewers  to  be 
made,  streets 

paved,  etc. 
See  1824,  eta.  48. 


Expenses,  how 

i-stinmted  and 
assessed. 
49  How.  405  ;  39 
\.  Y.  Snpr.  y.V>; 
(10  N.  Y.  0'.-.';  8 
Hun,  7.">.j;  88  id. 
634:  M  X.  Y. 
518:44Barb.  W. 


't'o  be  rat  Ifled 
by  common 
council. 


Agreement 
between  land 
lord  and 
tenant,  not 
affected. 


Persons  paying 
for  others  "to 
recover  back. 


1313,  cli.86,  J870. 
Comp.  089. 


be  made,  shall  forthwith  give  notice  thereof  to  tlie  -.ml  -uperior 
court. 

§  877.  The  expenses  incurred  by  the  mayor,  aldermen,  and 
commonalty  under  section  three  hundred  and  twenty-three, 
shall  be  assessed  by  tlx'  board  of  assessors  upon'the  property 
benefited,  and  all  provisions  of  law  relative  to  the  collection  of 
assessments  for  local  improvements  shall  apply  to  such  assess- 
ments. 

§  878.  It  shall  be  lawful  for  the  mayor,  aldermen,  and  com- 
monalty to  cause  common  sewers,  drains,  and  vaults  to  be  made 
in  any  part  of  the  city,  and  to  order  and  direct  the  pitching  and 
paving  the  streets  thereof,  and  the  cutting  into  any  drain  or 
sower,  and  the  altering  and  amending  of  any  street,  vault, 
sink,  or  common  sewer  within  the  said  city:  and  the  raising, 
reducing,  leveling,  or  fencing  in  any  vacant  or  adjoining  lots  in 
the  said  city;  and  to  cause  estimates  of  the  expense  of  conform- 
ing to  such  regulations  to  be  made,  and  a  just  and  equitable 
assessment  thereof  among  the  owners  or  occupants  of  all  the 
houses  and  lots  intended  to  be  benefited  thereby,  in  proportion, 
as  nearly  as  may  be,  to  the  advantage  which  each  shall  be 
deemed  to  acquire;  and  the  assessors,  after  having  made  such 
estimate  and  assessment,  shall  certify  the  same  in  writing,  and 
being  confirmed,  it  shall  be  binding  and  conclusive  upon  the 
owners  and  occupants  of  such  lots  so  to  be  assessed  respectively, 
and  shall  be  a  lien  or  charge  on  such  lots  as  aforesaid,  and  such 
owners  or  occupants  shall  also  respectively  be  liable,  upon  de- 
mand, to  pay  the  sum  at  which  such  houses  or  lots  respectively 
shall  be  so  assessed,  to  such  person  as  shall  be  appointed  to  re- 
ceive the  same  ;  and  the  money  when  paid  shall  be  applied 
towards  making,  altering,  amending,  pitching,  and  paving  such 
streets,  and  making  and  repairing  such  vaults,  drains,  and 
sewers  as  aforesaid,  and  raising,  reducing,  leveling,  or  fencing 
in  such  lots  as  aforesaid;  provided,  however,  that  nothing  herein 
contained. shall  affect  any  agreement  between  any  landlord  and 
tenant  respecting  the  payment  of  any  such  charges,  but  they 
shall  be  answerable  to  each  other  in  the»same  manner  as  if  this 
title  had  never  been  made;  and  if  any  money  so  to  be  assessed 
be  paid  by  any  person,  when  by  agreement  or  by  law  the  same 
ought  to  have  been  borne  and  paid  by  some  other  person,  it 
shall  then  be  lawful  for  the  person  paying,  to  sue  for  and  re- 
cover the  money  so  paid,  with  interest  and  costs,  as  so  much 
money  paid  for  the  use  of  the  person  who  ought  to  have  the 
same;  and  the  assessment  aforesaid,  with  proof  of  payment, 
shall  be  conclusive  evidence  in  such  suit. 

§  879.  It  shall  and  may  be  lawful  for  the  mayor,  aldermen, 
and  commonalty,  in  all  cases  where  they  may  deem  it  necessary 


FILLING  DP  ami  RAISING  LOTS. 


for  the  more  speedy  execution  of  any  laws,  by-laws  and  ordin  ^J'/.^ 
nances,  orders  or  directions,  or  any  of  them,  which  the  said  '  , , 

corporation  are  authorized  to  make,  to  cause  all  such  works  as  g)^fl^0.  w 
may  be  necessary  for  any  of  the  purposes  specified  in  the  two  ,N 
preceding  sections  or  in  section  live  bundled  ami  sixty-one,  or 
any  part  thereof,  to  l>e  executed  ami  done  at  their  own  expense, 
on  account  of  the  persons  respectively  upon  whom  the  same  may 
be  assessed,  and  they  shall  have  foil  power,  and  are  hereb] 
authorized  to  recover  the  amount  of  every  such  expense,  by 
action  in  any  court  of  r?cord,  from  the  persons  respectively  on 
whose  account  the  same  shall  have  been  incurred,  their  respective 
heirs,  executors,  or  administrators,  in  all  which  actions  they 
shall  also  recover  lawful  interest  upon  the  said  amount,  with 
full  costs  of  suit.    The  amount  of  every  such  expense  which  the  [an.comp.eso 
mayor,  aldermen,  and  commonalty  shall  pav  as  aforesaid,  on  kxi»-»s.-s a n.-n 
account  of  others,  shall  be  a  real  incumbrance  upon  the  houses  a**'*5^ 
and  lots  in  respect  to  -which  such  assessments  as  aforesaid  shall 
have  been  made,  and  shall  bear  lawful,  interest  until  paid,  and 
the  same  may  be  recovered,  or  the  payment  thereof,  with  costs, 
enforced  in  like  manner  as  if  the  said  houses  and  lots  were  mort- 
gaged to  the  said  mayor,  aldermen,  and  commonalty  for  the  l.'^',  "-"' 
payment  thereof,  and  shall  be  a  real  incumbrance  upon  the  said 
houses  and  lots,  lands  and  tenements,  which  maybe  sold  for  any 
such  assessment  thereon. 

§  8S0.  It  shall  and  may  be  lawful  for  the  mayor,  aldermen, 
and  commonalty,  in  all  cases  where  they  may  deem  it  necessary  t.^raNinKoV 
for  the  more  speedv  execution  of  any  by  daw  or  ordinance  *-te. 

•   •  -    -   ±  i.         •   •  \  .    i  3«  How.  390: 

requiring  the  owner  or  joint  owners,  agent  or  joint  agent,  lesseo  m Barb. 225 
or  joint  lessees,  and  occupant  or  joint  occupants  of  any  lot  or 
lots,  to  fill  up  or  raise  such  lot  or  lots  forthwith  upon  the  passage 
of  such  by  daw  or  ordinance,  or  at  any  time  thereafter,  when 
they  may  deem  it  expedient  to  cause  such  lot  or  lots  to  be  filled 
up  or  raised,  at  their  own  expense,  on  account  of  such  owner  or 
owners,  agent  or  agents,  lessee  or  lessees,  and  occupant  or  occu- 
pants respectively;  and  the  said  mayor,  aldermen,  and  com- 
monalty shall  have  full  power,  and  are  hereby  authorized  to 
recover  the  amount  of  every  such  expense,  by  action  in  any  court 
of  record,  from  the  persons  respectively  on  ^fcose  account  the 
same  shall  have  been  incurred,  their  respective  heirs,  executors, 
or  .administrators;  in  all  which  actions  they  shall  also  recover 
lawful  interest  upon  the  said  amount,  with  full  costs  of  suit. 
And  further,  the  amount  of  the  moneys  which  the  mayor,  alder-  Anount 
men,  and  commonalty  shall  have  advanced  for  the  above  pur-  i;en,  etc. 
poses,  with  lawful  interest  for  the  same,  shall  be  deemed  a  lien 
on  such  lot  or  lots,  and  such  lot  or  lots  may  be  sold  therefor,  in 
the  same  manner  as  if  the  said  amount  and  interest  had  been 
charged  on  the  said  lot  or  lots  by  virtue  of  an  assessment. 


:>•'.■> 


PUBLIC  CISTERNS,  ETC 


IS80,  ch.  *I7,  $1 


1835,  eh.  m.tftV 
'J,  3,  Comp.  158J 
Kxpense. 


Id. 


IHi; ,  ch.  :J5,  |1, 
Comp.  CU3. 
1813,  ch.  86,  S'-W, 
Comp.  690. 
Cisterns  in 
public  streets. 


Record  of 
assessments 
confirmed,  to 
be  open  to 
inspection. 
1871,  ch.381.§*>. 
Comp.  579. 


§  881.  The  expense  which  the  commissioner  of  public  works 
is  authorized  to  incur  by  section  three  hundred  and  thirty-nine 
of  this  act  shall  he  assessed  and  collected  in  the  manner  provided 
in  this  title  and  in  title;  four  of  this  chapter,  for  levying  and  col 
Lectihg  assessments  for  local  improvements. 

§  882.  The  expense  of  conforming  to  any  order  or  direction 
made  in  accordance  with  section  seven  hundred  and  twenty-one, 
or  of  carrying  the  same  into  effect,  shall  be  estimated  and  as- 
sessed by  the  board  of  assessors  upon  or  among  the  owner  or 
owners  of  any  or  .every  wharf,  pier,  dock,  bulkhead,  piece  of 
land,  water  right  or  privilege,  near  or  adjacent  to  which  any 
such  water  may  be  deepened,  and  which  may  in  any  manner  be 
benefited  thereby,  in  proportion,  as  nearly  as  may  be,  to  the  ad- 
vantage which  each  shall  be  deemed  to  acquire.  Every  such 
estimate  and' assessment,  after  confirmation,  shall  be  binding 
and  conclusive  upon  the  owners  thereby  assessed  respectively, 
and  shall  be  a  lien  or  (  barge  upon  the  property  or  premises  in 
respect  to  which  the  same  may  have  been  made. 

§  SS3.  If  any  money  to  be  collected  under  and  by  virtue  of 
the  preceding  section,  shall  be  paid  by  any  person,  when  by 
agreement  or  by  law  the.  same  ought  to  have  been  borne  and 
paid  by  some  other  person  or  persons,  it  shall  be  lawful  for  the 
person  so  paying  to  sue  for  and  recover  the  money  so  paid  with 
interest  and  costs,  as  so  much  money  paid  for  the  use  of  the 
person  in- pei-sons  who  ought  to  have;  paid  the  same,  and  the 
assessment  aforesaid,  with  proof  of  payment]  shall  be  sufficient 
evidence  in  such  suit. 

§  884.  Whenever,  in  the  opinion  of  the  mayor,  aldermen, 
and  commonalty,  in  common  council  convened,  it  shall  be  expe- 
dient to  make  a  public  cistern,  or  a  public  well  and  pump  in  any 
of  the  public  streets,  roads,  or  places  in  the  said  city,  it  shall  be 
lawful  for  the  said  common  council  to  order  the  same  to  be 
done  accordingly,  in  such  manner  and  at  such  places  as  they 
shall  think  most  advisable,  and  the  expense  thereof  shall  be  es- 
timated and  assessed  among  all  the  owners  or  occupants  of  the 
houses  and  lots  of  ground  intended  to  be  benefited  thereby,  in 
the  manner  directed  in  and  by  section  eight  hundred  and 
seventy-seven,  and  shall  ho  binding  and  conclusive,  in  the  man- 
ner therein  prescribed. 

S">5.  There  shall  be  kept  in  the  office  of  the  comptroller  a 
full  and  complete  record  in  detail  of  all  lists  of  assessments  con- 
firmed by  the  supreme  court  or  by  the  board  of  revision  and  cor- 
rection of  assessments,  with  the  date  and  order  of  confirmation, 
which  record  shall  be  open  to  inspection  during  office  hours,  and 
the  same  shall  be  received  as  presumptive  evidence  of  the  facts 
therein  contained. 


I'L'HLH '  (IsTKKNS,  KTC 


i  Sm».  The  commissioners  of*  estimate  au<l  assessment  an    1881, oh. M,|i, 

•  O  t  (  ominlHsloiuTH 

DOinted  pursuant  to  tin*  provisions  of  chapter  one  hundred  and  i  -iayoutarw 

1  '  r y  1  1  of  asMrsMiiifiit. 

forty-seven  of  the  laws  of  eighteen  hundred  and  sc\ cut y-six,and  Bpuyten 
chapter  three  hundred  and  forty-five  of  the  laws  of  eighteen  proremeni 
hundred  and  seventy-nine,  as  amended  by  chapter  sixty-five  of 
the  laws  of  eighteen  hundred  and  eighty,  hy  the  several  orders 

of  the  supreme  court  made  and  entered  upon  the  petition  of  John 
Newton,  the  engineer  in  charge  of  said  improvement,  in  the 
name  of  the  United  States,  at  a  special  term  of  the  first  'judicial 
district,  held  in  the  city  of  New  York,  on  the  twenty-fourth, 
twenty-seventh  and  thirty-first  days  of  October,  eighteen  hun- 
dred and  seventy-nine,  or  in  the  event  of  the  death,  resignation 
or  removal  of  such  commissioners,  or  either  of  them,  such  Other 
commissioners  as  may  he  appointed  hy  the  supreme  court  in  the 
place  and  stead  of  such  commissioner  or  commissioners  so  dying, 
resigning  or  removed,  are  herehy  authorized  and  directed  to  lay 
out  and  determine  upon  an  area  of  assessment  embracing  such 
lands  and  premises  on  each  side  of  the  exterior  lines  of  said  im- 
provement, or  as  nearly  adjacent  thereto  as  said  commissioners 
shall  deem  to  he  beneficed  thereby,  and  to  assess  upon  such  lands  a-  -mn, 
and  premises,  and  the  persons  and  parties  in  interest  owning  the 
same,  within  such  area  of  assessment  for  the  value  of  such  bene- 
fit, the  sum  required  to  pay  the  compensation  awarded  to,  or  to 
be  awarded  hy  them  under  the  said  acts  and  under  the  nine  fol- 
lowing sections  of  this  act,  and  the  order  or  orders  of  the  supreme 
court  heretofore  made  or  hereafter  to  be  made  upon  such  peti- 
tion, and  the  cost  and  expenses  of  estimate,  assessment,  and 
other  proceedings  necessarily  taken  or  to  be  taken  under  and 
authorized  by  said  acts  and  sections.  Said  commissioners,  before 
they  enter  upon  the  performance  of  the  duties  hereinafter  pre- 
scribed, shall  severally  take  and  subscribe  the  oath  prescribed  by 
the  twelfth  section  of  the  constitution  of  this  state,  which 
oath  shall  be  filed  in  the  clerk's  office  of  the  city  of  New 
York. 

bsT.  It  shall  be  the  duty  of  said  commissioners,  after  hav-  iw>, ch. «,  fa 
ing  viewed  the  premises,  to  lay  out  and  determine,  so  far  as  the  miasionere. 
same  has  not  been  already  done,  upon  an  area  of  assessment 
embracing  the  lands  and  premises  on  each  side  of  the  improve- 
ment, or  as  nearly  adjacent  thereto  as  said  commissioners  may 
deem  to  be  benefited  thereby,  to  cause  a  map  of  the  same  to 
be  made  showing  the  limits  of  said  area  of  assessment,  the 
names  of  the  parties  owning  or  in  possession  of  the  lands 
within  the  same,  so  far  as  the  same  can  be  ascertained,  and 
the  quantity  of  land  belonging  to  such  owner,  and  the  quantity 
belonging  to  such  uuknown  owners  whose  names  cannot  be  as- 
certained, and  the  location  of  the  same  on  said  map  as  nearly 


334 


IM  I5I.K    CISTKKNS,  KTC. 


as  they  can  ascertain  the  same,  and  to  make  a  just  and  equitable 
assessment  of  the  value  of  the  henofit  and  advantage  of  such 
improvement  to  the  respective  owners,  persons  or  parties  in 
interest,  entitled  to  or  interested  in  the  said  respective  lands  and 
premises  within  said  area  of  assessment,  in  proportion  as  nearly 
as  may  he  to  the  advantage  which  each  shall  he  deemed  to  ac- 
quire thereby,  and  in  each  and  every  case  where  the  owners  or 
I >.ii  ties  in  interest,  or  their  respective  estates  and  interests  are 
notkntAvn  or  are  not  fully  known  to  the  said  commissioners,  it 
shall  be  sufficient  for  them  to  assess  and  set  forth  in  general 
terms  the  respective  sums  to  he  paid  by  the  owners  and  proprie- 
tors generally  of  said  lands  and  premises  and  parties  interested 
therein,  and  to  report  the  same  to  the  supreme  court  without 
iKH...-h.    >i    anv  unnecessarv  delav.    All  sums  of  monev  which  have  been 

Kxpcns«;s  to  be  ,         ,  i  j-i 

iM.m.-i.y  ,.in     or  shall  hereafter  he  awarded  under  and  according  in  the  nro 

lien  bencllti  .l.         .  .  ,  1 

visions  of  the  acts  mentioned  in-  the  preceding  section  to  the 
owners  and  parties  in  interest  in  the  lands  and  premises  taken, 
or  which  shall  hereafter  be  taken  for  the  purposes  of  the  im- 
provement of  the  Harlem  river  and  Spuyten  Duyvil  creek,  as 
just  compensation  to  be  made  to  them  for  such  lands  and  prem- 
ises, and  the  cost  and  expenses  of  estimate;  assessment,  and 
other  proceedings  necessarily  taken  or  to  he  taken  under,  and 
authorized  by,  said  acts,  shall  be  home  and  paid  by  the  parties 
and  persons  interested  in  and  entitled  as  owners  or  otherwise  to 
the  lands  and  premises  deemed  to  be  benefited  by  said  improve 
ment,  and  the  same  shall  be  assessed  upon  such  parties  and  per- 
li  sons,  lands  and  premises.    An  abstract  of  the  assessment  of  said 

Abstract  to  be  .     .  .    .    .        , .  -  , .  -    . , 

m.t.i.  commissioners,  containing  the  names  of  the  owners  of  the  par- 

cels of  land,  so  far  as  the  same  can  be  ascertained,  the  numbers 
and  descriptions  of  such  parcels  as  they  appear  upon  said  map, 
together  with  such  map,  the  amount  of  assessments  made 
against  each  owner  or  party  in  interest,  and  also  all  affidavits, 
estimates  or  other  documents,  which  were  used  by  said  com- 
missioners in  making  their  said  report,  shall  be  deposited  in  the 
clerk's  office  of  the  city  and  county  of  New  York,  for  the  in- 
spection of  whomsoever  it  may  concern,  for  at  least  thirty  days 

Notice.  hefore  said  commissioners  make  their  report  to  said  court.  They 

shall  give  notice  of  the  time  and  place  of  making  their  said  re- 
port to  the  court,  and  of  the  filing  of  said  abstract,  by  advertise- 
ment to  be  published  for  and  during  the  space  of  twenty  days 
previous  to  making  said  report,  in  at  least  four  of  the  public 
newspapers  printed  in  said  city,  and  by  posting  copies  of  said 
advertisement  in  hand-bills  to  be  posted  up  for  the  same  space 
of  time  in  three  conspicuous  places  adjacent  to  said  improve- 
ment. 


PUBLIC  CISTERNS,  ETC. 


335 


$  888.  Anv  poison  or  party  whose  rights  may  he  affected  bv  11  »' 

_    ,      ,        «  .    ,                                     iiiuhtH  uf  ixT- 
the  said  assessment,  and  wlio  shall  ob|cct  to  1 1 m ■  same  or  anv   »  

.  <•         ii        r>  i  i-  r   property  l» 

part  thereof,  may.  within  ten  days  alter  tho  hrst  publication  of  «ir.,t.-.i 
the  said  notice,  state  bis,  her.  or  their  objections  to  the  same  in 
writing  to  the  said  commissioners,  which  statements  shall  not 
bo  received  by  them  unless  verified  by  his,  her,  or  their  Bifida 
vits,  or  the  allidavits  of  other  persons;  and  it  shall  bo  the  duty 
of  the  said  commissioners,  in  all  cases,  to  transmit  to  said  court, 
together  with  their  said  report,  all  the  written  statements  and 
allidavits  which  may  have  been  served  upon  them  within  the 
time  aforesaid.  And  at  tho  expiration  of  the  Baid  ten  days  l>;,'1',,.V.r)lV..'i1 '° 
it  shall  be  the  duty  of  the  said  commissioners  to  give  at  least 
ten  days'  notice,  by  publication  as  aforesaid,  of  a  time  and  place 
when  and  where  any  persons,  w  ho  may  consider  themselves 
aggrieved  by  such  assessment,  shall  be  heard  in  opposition  to 
the  same;  and  the  said  commissioners  shall  have  power  to  ad- 
journ from  time  to  time,  within  the  space  of  ten  judicial  days, 
until  such  person  or  persons  are  fully  heard.  Said  commis- 
sioners, or  such  of  them  as  shall  make  such  assessment,  in  case 
any  objections  be  made  to  them  and  stated  in  writing,  and  veri* 
tied  as  aforesaid,  shall  reconsider  their  said  assessment,  or  the 
part  or  parts  thereof  so  objected  to,  and  in  case  .the  same  shall 
appear  to  thenT  to  require  correction,  but  not  otherwise,  they 
shall  and  may  correct  the  same  accordingly. 

§  889.  Upon  the  coming  in  of  said  report,  signed  by  said  com-  im-  ch-6S> 
missioners,  or  any  two  of  them,  the  said  court,  at  a  special  term  coming  in  of 
thereof,  shall,  after  hearing  any  matter  which  may  be  alleged 
against  tho  same,  either  confirm  the  same  report  or  refer  the 
same  to  the  same  commissioners  for  revisal  and  correction,  or 
to  new  commissioners  to  be  appointed  by  said  court  to  recon- 
sider the  subject-matter  thereof,  and  the  commissioners,  to 
whom  said  report  shall  be  so  referred,  shall  return  the  same  re- 
port corrected  and  revised,  or  a  new  report  to  be  made  by  'them 
in  the  premises,  to  the  said  court,  and  the  same,  on  being  so% re- 
turned, shall  be  confirmed  or  again  referred  by  the  said  court  in 
manner  aforesaid  as  right  and  justice  shall  require,  and  so  from 
time  to  time  until  a  report  shall  be  made  in  the  premises  which 
the  said  court  shall  confirm,  and  such  report,  when  made, 
shall  be  final  and  conclusive  upon  the  owners,  persons  or  parties 
in  interest  and  entitled  to  any  lands  and  premises  mentioned  in 
said  report,  and,  also,  upon  all  other  persons  and  parties  what- 
soever; and  the  several  assessments  thereby  confirmed  shall 
thereupon  become  a  lien  upon  the  several  lands  and  premises 
so  as  aforesaid  severally  assessed  to  the  extent  of  the  amount 
so  assessed  upon  each  parcel  set  forth  in  said  report  within  said 
area  of  assessment. 


PUBLIC  CISTERNS,  ETC, 


I<1.  $o. 

Sums  UMMed 

In  lie  paiil  In 

the  comp> 
trailer. 


When  t  - 

|NlM. 


Intcn 


ho 


Tax  «nrr.-\nl  tii 
ihsui' 


What  to 
contain. 


Warrant  only 
to  issue  for 
excess  of  hen- 
efit  over  com- 
pensation. 


$  h90.  The  sums  assessed  for  benefit  as  the  same  shall  appear 
by  the  report  of  assessment  so  as  aforesaid  confirmed,  shall  be 
paid  by  the  parties  against  whom  the  same  are  assessed,  to  the 

comptroller  of  the  eity  of  New  York,  who  is  hereby  authorized 
to  receive  and  apply  the  same  in  the  manner  hereinafter  direct- 
ed. After  the  confirmation  of  said  report,  the  said  comptroller 
shall  forthwith  cause  a  notice  to  be  published  for  twenty  days, 
in  three  of  the  public  newspapers  issued  in  said  city  of  New 
York,  of  the  confirmation  of  said  report,  that  the  assessments 
therein  made  are  to  be  paid  at  his  office  within  thirty  days  from 
the  date  of  the  confirmation  of  said  report,  without  interest, 
and  that  if  the  same  are  not  paid  within  ninety  days  from  Mich 
confirmation,  the  proceedings  provided  for  by  this,  and  the.  fol- 
lowing section,  will  be  taken  for  the  •enforcement  and  collection 
of  the  same,  with  interest  thereon  at  the  rate  of  eight  per  centum 
after  thirty  days  from  such  confirmation.  Said  a->-->ment< 
may  be  paid  to 'the  said  comptroller  at  anytime  after  the  con- 
firmation of  said  report  of  assessment,  and  within  thirty  days 
thereafter  without  interest.  And  if  not  paid  within  thirty  days 
thereafter,  interest  at  the  rate  of  eight  per  centum  per  annum 

-hall  accrue  and  be  paid  upon  the  same  until  the  same  are  paid, 
and  as  to  all  such  assessments  as  shall  not  he  paid  within  ninety 
days  from  the  time  said  report  of  assessment  is* confirmed,  the 
said  comptroller  is  hereby  authorized  and  directed,  immediately 
upon  the  expiration  of  said  ninety  days,  to  issue  his 
warrant  for  the  collection  of  such  unpaid  assessments.  Such 
warrant  shall  be  signed  by  the  said  comptroller  and  di- 
rected to  the  sheriff  of  the  city  and  county  of  New  York.  It 
>hall  contain  the  names  of  all  the  persons  and  parties  assessed, 
who  have  not  paid  the  sums  assessed  against  them  by  said  report 
of  assessment,  the  amounts  due  from  such  persons  and  parties 
respectively;  the  number  and  description  of  the  parcels  of  lands 
and  premises  assessed  for  benefit,  owned  by  such  persons  or 
parties  respectively,  and  the  amounts  due  from  unknown  ow  n- 
ers,  if  any,  with  the  number  and  description  of  all  parcels  as- 
sessed to  such  unknown  owners,  as  set  forth  in  said  report  of 
assessment  and  the  map  filed  therewith.  If  any  such  person  or 
parties  shall  be  the  owners  of,  or  interested  in,  any  of  the  lands 
and  premises  taken  for  such  improvement,  to  whom  an  award' 
for  compensation  shall  have  been  made  in  said  report  of  assess- 
ment as  confirmed,  the  amount  awarded  for  such  compensation 
shall  be  deducted  from  the  amount  assessed  for  benefit,  and  the 
excess  only  shall  be  the  sum  inserted  in  said  warrant  as  the  sum 
to  be  collected  from  such  persons  or  parties.  Said  warrant  shall 
command  the  sheriff  to  collect  from  the  persons  and  parties 
named  in  said  warrant  the  sum  or  sums  due  from  them  respec- 


I'UBLIC  CISTERNS,  ETC, 


lively,  with  interest  at  the  rati?  of  eight  per  centum  per  annum 
from  and  after  tin  I  expiration  of  thirty  days  from  the  date  of 
the  confirmation  of  said  report  of  assessment,  pursuant  to  the 
provisions  and  under  the  authority  of  this  act,  and  to  return  the 
same  with  the  moneys  collected  thereon,  to  said  comptroller 
w  ithin  the  period  of  sixty  days  from  the  date  thereof.  The  said 
comptroller  is  hereby  authorized  to  renew  said  warrant  after  the 
expiration  of  said  sixty  days,  from  time  to  time,  until  the  whole 
amount  due  for  said  assessments  shall  he  collected. 

3  SOI.  The  sheriff  of  the  city  and  county  of  New  York  shall  gy^SS* 
thereupof),  hy  virtue  of  said  wan-ant  and  the  authority  hereby  j'^'1"t,.,,  ,, 
(riven,  collect  the  several  amounts  so  directed  to  be  collected 
from  the  several  persons  or  parties  named  therein,  and  from  the 
several  lands  and  premises  numbered  and  described  therein,  as 
belonging  to  such  persons  or  parties,  and  he  shall  have  the  same 
power  to  enforce  the  collection  of  the  same,  or  any  renewal 
thereof,  as  if  said  warrant,  or  any  renewal  thereof,  were  an  ex- 
ecution issued  in  due  form  of  law  upon  a  judgment  of  a  court  of 
record  of  this  State,  against  the  persons  and  parties  named 
therein  as  against  the  several  parcels  of  land  and  premises  num- 
bered and  described  in  said  warrant.  If  any  of  the  parcels  nuni-  unlniown "f 
bered  and  described  inlaid  warrant  shall  be  assessed  to  unknown  iXtpiid'" 
owners,  and  the  amount  ?o  assessed  shall  not  be  paid  to  said 
sheriff  within  twenty  days  after  said  warrant  shall  have  come 
into  his  hands,  said  sheriff  is  hereby  authorized  and  directed, 
immediately  after  the  expiration  of  said  twenty  days,  to  adver- 
tise the  several  parcels  so  assessed  to  unknown  owners  in  the 
same  manner  and  for  the  same  period  of  time  as  in  the  case  of 
known  owners,  except  that  for  the  name  or  names  .of  the  per- 
sons or  parties  as  set  forth  in  the  notice  of  sale,  and  other  pro- 
ceedings subsequent  thereto,  taken  by  him,  the  description  of 
"  unknown  owners  "  mav  be  inserted  therein.    Upon  the  return  Assessment 

*  bonds,  when  to 

by  the  said  sheriff  of  the  warrant  lirst  issued  by  said  comptroller,  be  issued, 
as  hereinbefore  directed,  if  there  shall  be  due  and  uncollected 
any  of  the  sums  assessed  in  said  warrant  directed  to  be  collected, 
the  said  comptroller  is  hereby  authorized,  ou  the  security  of  said 
assessments  so  returned  and  unpaid,  to  raise  on  the  assessment 
bonds  of  the  city  in  the  manner  now  provided  by  law,  a  sum 
not  exceeding  fifty  thousand  dollars,  to  be  applied  as  in  the  fol- 
lowing section  directed.  All  the  collections  of  such  assessments 
to  the  extent  of  the  assessment  bonds  issued,  and  all  proceedings 
taken  for  the  enforcement  and  collection  of  the  same  shall  be 
for  the  benefit  of  the  said  city  of  New  York. 

^  S92.  From  the  moneys  so  collected  by  said  comptroller,  and  t88i,ch.u,t& 
from  the  proceeds  of  said  bonds,  in  case  any  have  been  issued  p«™»w°"is!to 
pursuant  to  the  provisions  of  the  last  section,  be  shall  pay  all 


:;:}s 


ITm.K    CIsTKKNS,  KTC. 


sums  which  have  been  awarded  to  the  persons  or  parties  us 
owners,  or  interested  in  the  lands  and  premises  taken  or  to  be 
taken  for  the  purpose  of  said  improvement,  ;is  the  same  shall 
appear  by  the  report  of  the  commissioners  of  estimate,  made  in 
pursuance  of  the  provisions  of  this  title  and  the  said  acts,  when 
confirmed,  and  the  expenses,  charges,  and  disbursements  of  the 
proceedings  taken  thereunder,  as  taxed  and  certified  by  a  justice 
of  the  supremo  court;  and  whenever  it  shall  appear  by  the  re- 
port of  the  commissioners  of  estimate,  and  by  the  report  of  the 
vwards  to  set  commissioners  of  assessment,  thai  an  award  for  compilation 

h.-s"mrnts  imT.i  for  the  lands  t  aken  or  to  betaken  lor  the  purposes  of  said  hn- 
ticeM  only  to  ,  .  ,  ... 

i«'pn''i  provement  has  been  made  to  the  same  owners  or  parties  in  mter- 

•  est,  upon  whom  and  upon  whose  lands  and  premises  an  assess- 
ment for  benefit  has  been  made  in  which  the  award  for  compen- 
sation is  greater  than  the  assessment  for  benefit,  said  comp- 
troller shall  pay  to  said  owners  or  parties  in  interest  the  excess 
only  of  such  compensation  so  awarded  over  the  amount  assessed 
upon  such  owners  or  parties  in  interest;  and  whenever  an  as- 
sessment for  benefit,  upon  the  owners  or  parties  in  interest,  of 
lands  and  premises  within  said  area  of  assessment  is  made 
against  the  same  owners  or  parties  in  interest  to  whom  compen- 
sation is  award"  d  for  lands  and  premises  taken  or  to  be  taken 
for  said  improvement,  and*such  assessment  for  benefit  exceeds 
such  award  for  compensation,  such  owners  or  parties  in  interest 
shall  be  liable  to  pay  only  such  excess,  and  upon  receipt  of  the 
amount  of  such  excess,  with  interest,  as  above  provided,  said 
comptroller  is  hereby  authorized  and  required  to  discharge  such 
assessment  and  the  lien  created  thereby. 
i«j8,dhW,|8,  ;j  st»3.  In  case  any  title  or  interest  in  real  estate  required  by 
Proceedings  the  United  States  for  said  improvement  shall  be  vested  in  any 
v^ted  1?nlclsaiv  trustee  not  authorized  to  sell,  release,  and  convey  the  same,  or 
in  any  infant,  idiot,  or  person  of  unsound  mind,  the  supreme 
court  shall  have  power,  by  a  summary  proceeding  or  petition,  to 
authorize  and  empower  such  trustee,  or  the  general  guardian  or 
committee  of  such  infant,  idiot,  or  person  of  unsound  mind,  to  sell 
and  convey  the  same  to  the  United  States  for  said  improvement, 
on  such  terms  as  may  be  just;  and  in  case  any  such  infant,  idiot, 
or  person  of  unsound  mind,  lias  no  general  guardian  or  commit- 
tee, the  said  court  may  appoint  a  special  guardian  or  committee 
for  the  purpose  of  making  such  sale,  release  or  conveyance,  and 
may  require  such  security  from' such  general  or  special  guardian, 
or  committee,  as  said  court  may  deem  proper.  But  before  any 
conveyance  or  release,  authorized  by  this  section,  shall  be  exe- 
cuted, the  terms  on  which  the  same  is  to  be  executed,  shall  be 
reported  to  the  court,  on  oath;  and  if  the  court  is  satisfied  that 
such  terms  are  just  to  the  party  interested  in  such  real  estate, 


PUBLIC  CISTERNS,  ETC. 


the  court  shall  confirm  the  report,  and  direct  the  proper  convey- 
ance or  release  to  be  executed,  which  shall  have  tho  same  effect 
as  if  executed  by  an  owner  of  said  land  having  legal  power  to 
^ell  and  convey  the  same. 

so-l.  The  commissioners  of  the  sinking  fund  of  tho  city  of  o^^im'^4 
New    York,  or  the  mayor,  aldermen,  and  commonalty  of  the  ^{"""''kJ.^ 
city  of  New  York,  are  hereby  authorized  to  cede,  grant,  and  author- 
convey  to  the  United  States,  upon  such  terms,  and  for  such  con- 
sideration as  may  be  agreed  upon  by  and  between  said  commis- 
sioners pf  the  sinking  fund,  or  said  mayor,  aldermen,  and  com 
monalty,  and  the  United  States,  all  the  estate,  right,  title,  and 
interest  of  the  city  of  New  fork,  in  and  to  any  part  of  said  land 
required  for  said  channel.  Whenever  any  part  of  said  land  shall  o^"0-"1"' 
have  been  ceded  by  said  commissioners  of  the  sinking  fund,  pur-  9 
suant  to  the  authority  hereby  given,  it  shall  be  the  duty  •  of 
said  commissioners  of  the  sinking  fund,  or  a  majority  of  them, 
•     to  give  a  certificate  under  their  hands,  that  the  same  has  been 

ceded,  pursuant  to  the  provisions  of  this  act;  and  upon. the  pro-  ConveJ"ancc 
duction  of  such  certificate,  and  upon  proof  of  due  compliance, 
on  the  part  of  the  United  States,  with  the  terms  of  cession,  it 
shall  be  the  duty  of  the  mayor  of  said  city,  and  the  clerk  of  the 
common  council,  in  the  name  and  on  behalf  of  the  said  mayor, 
aldermen,  and  commonalty,  to  execifte  a  proper  conveyance  of 
Bueh  lands  under  their  hands  and  the  seal  of  said  city. 

§  805.  If,  at  anytime,  after  an  attempt  to  acquire  title  by  ^p^if' sr' 
appraisal  of  damages  or  otherwise,  it  shall  be  found  that  the  title  Defecttretities. 
thereby  attempted  to  be  acquired  is  defective,  the  United  States 
may  proceed  anew  to  acquire  or  perfect  such  title  in  the  same 
maimer  as  if  no  appraisal  had  been  made;  and  at  any  stage  of 
such  new  proceedings,  the  court  may  authorize  the  United 
States,  if  in  possession,  to  continue  in  possession,  and  if  not  in 
possession,  to  take  possession  and  use  such  real  estate  during  the 
pendency  and  until  the  final  conclusion  of  such  new  proceed- 
ings; and  may  stay  all  actions  or  proceedings  against  any  agent 
of  the  United  States  on  account  thereof  on  his  giving  security  as 
the  court  may  direct,  to  pay  the  compensation  therefor  when 
finally  ascertained;  and  in  every  such  case  the  party  interested 
in  such  real  estate  may  conduct  the  proceedings  to  a  conclusion 
if  the  United  States  delays  or  omits  to  prosecute  the  same.  The 
court  in  which  proceedings  taken  undvr  the  acts  referred  to  in  w-  §r- 
section  eight  hundred  and  eighty-six  of  this  act  may  be  pending 
may  amend  the  same  or  any  orders  heretofore  made  therein,  so 
as  to  make  the  same  conform  with  the  provisions  of  said  section 
and  the  subsequent  sections  of  this  title. 

§  800.  The  cost  and  expense  of  the  removal  of  the  structure  im< ch-  ^  & 
of  the  reservoir  on  Fifth  avenue,  between  Fortieth  and  Fort v-  ^rfmovai  of 

reservoir. 


I 


840 


\  A.CATINQ  ASSESSMENTS. 


185?,  eta.  33*,  $2. 
ns  amended 
is  i,  eh.  SOS.  $2. 
C'onii).  719;  55 
N.  Y.  301;  3D 
N,  Y.  Sup.  lie.*: 
10  M.I.  * 

17  Id.  894; 
U  id.  IM;  17 
How.  459;  23 
Id.  118. 

1S58,  ch.  33H,$41. 
2,  as  amended 

1874,  ch.  312, 
|fi,  2,  Comp. 

to. 

1870.ch.3X';.  > 
Conip.  720. 
Fraud  or  sub- 
stantial error  in 
assessment, 
reined  v  for. 
75  N.  V.  324,3s.". 
391;  10  Al)b.  N 
S.  234:  a  N.  Y. 
224;  18  How. 
317;  11  Abb  • 
164;  79  N  Y. 
384;  14  Abb.  58; 
1  Abb.  N.  S. 
110;  81  How.  16: 
IS  How.  4'iO;  18 
N.  Y.  100;  8 
Hun,  513:  52  N. 
Y\  80;  50  K.  Y. 
509;  68  N.  Y 
210;  55  How 
296;  76  N.  Y. 
174;  77  N.  Y 
170;  69  N.  Y". 
452;  78  N.  YV 
109,  601;  20 
Hun.  346  ;  41 
Barb.  46;  19 
Abb.  140:  36 
How.  3jX);  54 
Barb.  225  ;  6 
Rob.  463  ;  51 
Barb.  275  ;  60  id. 
877,  26,  457;  17 
Hun.  527:  18  id. 
327;23How.l78. 
Assessment  to 
be  vacated  for 
fraud  or  error. 
1872.  ch.  580,  §7. 
as  amended 
1874.  ch.  313,  §1. 
Comp.  723. 
Assessment  not 
to  be  set  aside 
for  irregularity, 
etc. 

55  ST.  Y.  361 ;  60 
id.  16;  62  id.  224. 
580  ;  66  id.  395: 

67  id.  441 ;  70  id. 
490  ;  2  Hun,  221, 
281;  3  id.  65;  5 
id.  287, 442:  6  id. 

68  :  62  N.  Y.  618, 
624:  5  Dalv.347: 


second  streets,  and  of  grading  the  ground  now  occupied  by  it, 
shall  be  paid  by  tbe  owners  of  property  within  the  following 
limits:  The  westerly  side  of  Sixth  avenue,  the  Southerly  side  of 
Thirty-seventh  street,  the  easterly  side  of  Madison  avenue,  and 
the  northerly  side  of  Forty-fifth  street;  the  same  to  l)e  assessed 
and  collected  by  the  board  of  assessors  in  like  manner  as  assess- 
ments for  local  improvements. 

Title  3. —  VacfUing  and  Modifying  Assvastjitnts. 

,;:  s!»7.  No  suit  or  action  in  the  nature  of  a  bill  in  equity  or 
otherwise  shall  be  commenced  for  the  vacation  of  any  assess- 
ment in  said  city,  or  to  remove  a  cloud  upon  title  ;  but  owners 
of  property  shall  be  confined  to  th -ir  remedies  in  such  rases  to 

the1  proceedings  under  this  title. 

,i  S'.is.  If,  iii  the  proceeding-  relative  to  any  assessment  or 
assessments  for  local  improvements,  or  in  the  proceedings  to 
collect  the  same,  any  fraud  or  substantial  error  shall  he  alleged 
to  have  been  committed,  the  party  aggrieved  thereby  may  apply 
t<>  a  judge  of  the  supreme  court,  in  special  term  or  in  vacation, 
who  shall  thereupon,  upon  due  notice  to  the  counsel  of  the  cor- 
poration, proceed  forthwith  to  hear  the  proofs  and  allegations 
of  the  parties.  If,  upon  Rich  hearing,  it  shall  appear  that  the 
alleged  fraud  or  substantial  error,  other  than  such  errors  as  are 
specified  in  the  next  section,  has  been  committed  as  provided  in 
this  title,  the  said  assessment  shall  be  vacated  or  modified,  and 
the  lien  created  thereby,  or  by  any[subsequent  proceedings,  shall 
cease.  If,  upon  such  hearing,  it  shall  appear  that,  by  reason  of 
any  alleged  irregularity,  the  expense  of  any  local  improvement 
has  been  unlawfully  increased,  the  judge  may  order  that  such 
assessment  upon  the  lands  of  said  aggrieved  party  be  modified 
by  deducting  therefrom  such  sum  as  is  in  the  same  proportion 
to  such  assessihent  as  is  the  whole  amount  of  such  unlawful 
increase  to  the  whole  amount  of  the  expense  of  such  local  im- 
provement. 

§  899.  No  assessment  heretofore  made  or  imposed,  or  which 
shall  hereafter  be  made  or  imposed  for  any  local  improvement 
or  other  public  work  in  the  said  city,  already  completed  or  now 
being  made  or  performed,  or  which  shall  hereafter  be  made, 
done  or  performed,  shall  hereafter  be  vacated  or  set  aside  for  or 
by  reason  of  any  omission  to  advertise,  or  irregularity  in  adver- 
tising any  ordinance,  resolution,  notice^  or  other  proceeding 
relative  to  or  authorizing  the  improvement  or  work  for  which 
such  assessment  shall  have  been  made  or  imposed,  or  for  pro- 
posals to  do  the  work,  or  for  or  by  reason  of  the  omission  of  any 
officer  to  perform  any  duty  imposed  upon  him.  or  for  or  by  rea- 


VACATING  ASSESSMENTS. 


son  of  any  defect  in  the  authority  of  any  deitfirtinenl  or  officer  wiio« -  tin. 
upon  whose  action  the  assesment  shall  be  in  any  manner  or  to  bu^moswk. 
any  extent  dependent,  or  for  or  by  reason  of  any  omission  to  5»,w4. 
comply  with  or  carry  out  any  detail  of  any  law  or  ordinance,  or  r"'" 
for  or  by  reason  of  any  irregularity  or  technicality,  except  only 
in  cases  in  which  fraud  shall  he  shown  and  incase  of  assessment 
for  repaying  any  street  or  puhlir  place,  upon  property  for  which 
an  assessment  has  once  heen  paid  for  paying  the  same  street  or 
public  place;  and  all  property  in  said  city  benefited  by  any  im- 
provement or  other  puhlic  work  already  completed  or  now  heing 
made  or  performed,  and  hereafter  made,  done,  or  performed, 
except  as  aforesaid,  shall  be  liable  to  asssessment  for  such  im- 
provement or  work,  and  all  assessments  for  any  such  improve- 
ment or  other  puhlic  work  shall  he  valid  and  binding  notwith- 
standing any  such  omission,  irregularity,  defect  in  authority,  or 
technicality.     No  assessment  shall  be  vacated  by  reason  of  cSSjp.  rai. 
fraud  or  irregularity  in  the  proceedings  to  collect  the  same  by  aaieeof 
sale  of  the  assessed  premises;  but,  upon  proof  of  such  fraud  or  p^nN,'-> 
irregularity,  such  sale  shall  be  set  aside  and  the  respective  rights 
and  liabilities  of  the  assessed  persons,  and  of  the  mayor,  alder  • 
men,  and  commonalty,  shall  become  and  be  the  same  as  if  such 
sale  had  not  been  made. 

$  !»im».  Any  order  vacating  said  assessments  shall  be  entered  [^^Xti 
in  the  office  of  the  clerk  of  the  supreme  court,  and  on  filing  a  c^p^93, 
certified  copy  thereof  with  the  officer  having  charge  of  the  l'"01""1-"'1 

...  ,  Orders 

assessment  lists,  it  shall  be  the  dut  v  of  said  officer  to  cancel  vacating 

assessments. 

thereon  the  assessments  so  vacated,  and  all  proceedings  under 
the  same;  and  the  justice  who  shall  have  made  such  order  may 
enforce  the  same,  either  by  attachment  for  contempt  or  by  writ 
of  mandamus,  or  both,  against  any  party  refusing  to  obey  the 
same,  with  costs. 

§901.  Any  person  applying, for  relief,  under  the  provisions  ,J  *4 
of  this  title,  may  embrace  in  one  proceeding  any  or  all  assess- 
ments for  local  improvements  in  which  he  is  interested. 

9C2.  The  foregoing  sections,  from  section  eight  hundred  ^ 
and  ninety-eight  to  section  nine  hundred  and  one,  inclusive,  ap- 
ply to  the  following  proceedings  and  no  others: 

First — To  proceedings  or  actions  commenced  on  or  before  To  what 
the  ninth  day  of  September,  eighteen  hundred  and  eighty,  to 
*  vacate  or  set  aside  assessments  for  any  local  improvement  con- 
firmed by  the  board  for  the  revision  and  correction  of  assess- 
ments before  June  ninth,  eighteen  hundred  and  eighty,  or  in 
which  proceedings  or  actions  were  pending  on  said  last-named 
day,  or  in  which  the  time  to  appeal  had  not  then  expired,  or  in 
which  the  order  or  judgment  had  not  been  then  carried  into 
effect.' 


vacating;  assessments. 


Second — To  proceedings  or  actions  which  since  Juno  ninth, 
eighteen  hundred  and  eighty,  have  heen  commenced  or  may 
hereafter  he  commenced,  to  vocate  or  set  aside  any  assessment 
completed  before  said  day  and  confirmed  hy  the  hoard  for  the 
revision  and  correction  of  assessments  after  said  day;  provided 
in  each  case  such  proceedings  or  action  was  or  shall  he  com- 
menced within  three  months  after  the  date  of  such  confirma- 
tion. 

Third — To  proceedings  or  actions  to  vacate  or  set  aside  any 
assessments  for  the  local  improvements  known  as  Morningside 
avenues,  when  confirmed  hy  the  hoard  for  the  revision  and  cor- 
rection of  assessments  ;  provided  such  proceedings  or  actions 
were  or  shall  be  commenced  within  three  months  after  the  date 
of  such  confirmation  ;  provided  that  if  any  such  proceeding  or 
action  in  this  section  referred  to  is  dismissed  or  such  relief  re- 
fused, and  it  shall  appear  in  the  order  dismissing  or  denying 
such  application  that  such  dismissal  or  denial  is  on  account  of 
some  irregularity,  technicality,  informality,  mistake,  or  other 
omission  or  defect  of  form  therein  "in  which  case  it  shall  he  the 
duty  of  the  court  to  specify  the  same  in  such  order),  the  party 
thereto  shall  be  entitled  to  make  such  further  or  other  applica- 
tions as  he  may  be  advised,  within  twenty  days  after  the  date 
of  an  order  directing  such  dismissal  or  refusal,  and  none  of  the 
provisions  of  the  subsequent  sections  of  this  title  shall  apply  to 
or  effect  such  further  or  other  application  so  made  for  the  pur- 
poses aforesaid. 

And  further  provided,  that  if  on  a  final  decision  in  any 
proceeding  or  action  pending  on  June  ninth,  eighteen  hundred 
and  eighty,  or  which  may  be  commenced  or  renewed  as  afore- 
said, the  decision  or  judgment  therein  shall  be  in  favor  of 
the  city,  the  petitioner  or  plaintiff  in  such  proceeding  or  action 
shall  have  obtained  the  benefits  of  sections  nine  hundred  and  six 
to  nine  hundred  and  fourteen,  by  filing  the  notice  provided  in 
section  nine  hundred  and  seven  hereof  on  or  before  the  first  day 
of  -  May,  eighteen  hundred  and  eighty-one,  the  said  commis- 
sioners must  proceed  as  if  such  notice  had  been  filed  as  in  said 
section  provided. 

im,ch.  550,  in.  §  903.  No  court  shall  vacate  or  reduce  any  assessment  in  fact 
roweraof°?ou'rt  or  apparent,  confirmed  after  June  ninth,  eighteen  hundred  and 
eighty,  whether  void  or  voidable,  on  any  property  for  any  local 
improvement  hereafter  completed  otherwise  than  to  reduce  any 
such  assessment  to  the  extent  that  the  same  may  be  shown  by 
parties  complaining  thereof,  to  have  been  in  fact  increased  in 
dollars  and  cents  by  reason  of  fraud  or  substantial  error  ;  and  in 
no  event  shall  that  proportion  of  any  such  assessment  which  is 
equivalent  to  the  fair  value  of  any  actual  local  improvement 


on  assess 
ments 


VACATING  ASSESSMENTS.  848 

with  interest  from  the  date  of  confirmation,  be  disturbed  for  any 
cause.  Nothing  in  this  section  shall  apply  to  any  assessment 
which  may  he  imposed  for  the  local  improvement  known  ag 
Morningside  avenue. 

§  904.  All  proceedings  to  vacate  or  reduce  assessments  in  the  M  tu 
city  of  New  York  other  than  those  specified  in  the  last  section 
hut  one  must  he  brought  within  one  year  after  the  confirmation 
thereof. 

§  905.  Any  lands  which  mav  he  discharged  from  anv  lien  for  |K-VS-  <•>'  - 

J  J  l  i     Comp.  720. 

an  assessment  for  any  local  improvement,  may  be.again  assessed,  ReassesMnwu. 
in  the  manner  provided  by  law,  for  such  amount  as  would  have  J  "l"!; 
been  justly  chargeable  if  fraud  or  irregularity  had  not  been  com 
mitted;  but  the  amount  so  assessed  shall  be  a  lien  on  said  lands 
until  paid,  and  shall  he  collectible  in  the  manner  provided  by 
law  for  the  collection  of  assessments,  but  all  proceedings  to  make 
a  new  assessment  shall  be  at  the  expense  of  the  corporation  of 
the  city. 

'■  §  906.  Any  assessment  for  anv  local  improvement  in  the  city  aw, |i 

of  New  York,  confirmed  hv  the  board  for  the  revision  and  cor-  "mayujva- 

cat***! 

rection  of  assessments  in  said  city  before  June  ninth,  eighteen 
hundred  and  eighty,  and,  also,  any  assessment  for  any  local  im- 
provement theretofore  completed  which  may  be  hereafter  con 
tinned  by  said  board,  and  any  assessment  for  the  local  improve- 
ments known  as  Morningside  avenues,  when  confirmed  by  said 
board,  may  be  vacated,  modified,  set  aside,  revised,  or  confirmed 
in  conformity  with  the  provisions  hereinafter  in  this  title  con 
tained,  and  not  otherwise.  Any  assessment  for  the  local  im- 
provements known  as  Morningside  avenues  shall  be  finally  acted 
upon  by  such  board  for  the  revision  and  correction  of  assessments 
^within  three  months  after  the  completion  of  the  same. 

§  9o7.  The  commissioners  hereinafter  designated  and  named,  'd 
or  a  majority  of  them,  shall,  for  the  purposes  of  the  following  comminionerB. 
sections  of  this  title,  have  jurisdiction  to  revise,  vacate  or  modify 
any  of  the  assessments  for  any  local  improvement  confirmed  by 
the  board  for  the  revision  and  correcting  of  assessments  before 
the  ninth  day  of  June,  eighteen  hundred  and  eighty,  and  any 
assessment  for  a  local  improvement  confirmed  before  said  date 
which  has  been  or  shall  be  hereafter  confirmed  bv*  said  board, 
and  every  assessment  for  the  local  improvements  known  as 
Morningside  avenues,  when  confirmed  by  said  board,  when  the 
owner  or  owners  of  the  real  estate  affected  by  such  "assessment, 
or  other  party  or  parties  affected  thereby  shall  have  filed  with 
the  comptroller  of  said  city  a  notice  specifying  the  particular  as-  -Nolie<v 
sessment  complained  of,  the  date  of  the  confirmation  of  the 
same,  the  property  of  such  owner  or  party  affected,  and  in  a 
brief  and  concise  manner  the  objections  thereto,  showing  or 


♦ 


:544 


COMMISSIONERS  TO  CORRECT  ASSESSMENTS. 


To  be  died 


When 


Id.  |S. 

Commissioners 
to  inquire  into 
facts,  etC. 


.May  revise, 
modify,  or  va- 
cate unjust 
assessments 
and  n\\  ard 
relief. 


Quorum. 


Summons  to 
witnesses. 


Id.  H 
Counsel  to 
corporation 
to  defend  citv. 


tending  to  show  that  the  assessment  was  unfair  or  unjust  in  re 
spect  to  said  real  estate.    Such  notice  must  he  or  mu-t  hare 
heen  filed  with  the  said  comptroller,  and  a  duplicate  thereof  with 
the  counsel  of  the  corporation,  as  follows: 

1.  As  to  all  assessments  confirmed  before  June  ninth, 
eighteen  hundred  and  eighty,  on  or  hefore  the  first  day  of  No- 
vember, eighteen  hundred  and  eighty. 

2.  As  to  all  assessments  confirmed  after  June  ninth,  eighteen 
hundred  and  eighty,  for  local  improvements  theretofore  com- 
pleted, and  as  to  any  assessment  for  the  Local  improvements 
known  as  Morningside  avenues,  within  two  months  after  the 
dates  upon  which  such  assessments  may  be  respectively  con- 
firmed. 

§  908.  It, shall  Ix-the'duty  of  said  commissioners,  or  a  majority 
of  them,  to  inquire  into  the  facts  or  circumstances  relating  to 
any  assessments  to  which  objections  may  he  made  and  the  notice 
filed  as  aforesaid,  and  to  hear  the  evidence  in  support  of  su<"h 
objections  or  in  opposition  thereto,  and  on  every  such  inquiry 
and  hearing  to  administer  oaths  or  affirmations  to  all  persons 
testifying,  and  after  duly  considering  the  evidence,  to  determine 
whether  substantial  injustice  was  caused  by  the  confirmation  of 
such  assessments  or  otherwise;  and  any  assessments  as  to  -which 
the  commissioners,  upon  such  inquiry,  may  determine  that  sub- 
stantial injustice  has  been  caused  by  the  confirmation  of  the 
same  or  otherwise,  may  be  revised,  modified,  or  vacated  by  the 
said  commissioners,  and  they  may  award  such  relief  to  the  re- 
spective parties  filing  such  applications  as  shall  be,  under  the 
circumstances  and  on  the  evidence  presented,  just  and  equitable; 
and  they  shall,  in  determining  such  relief,  consider  the  fair 
value  of  the  work  done,  for  which  the  assessment  is  imposed, 
and  the  amount  of  benefits  conferred  over  and  above  the  dam- 
ages, if  any,  caused  by  the  improvement.  A  majority  of  said 
commissioners  shall  constitute  a  quorum  for  the  hearing  of  any 
application,  and  the  relief  granted  must  be  concurred  in  by  at 
least  a  majority  of  the  commissioners.  They  or  any  person  who 
has  filed  any  such  application,  or  the  counsel  for  said  city  as 
hereinafter  provided,  shall  have  power  to  summon  witnesses  and 
require  the  production  of  books  and  papers,  and  the  attendance 
of  witnesses,  and  the  production  of  books  and  papers  may  be 
compelled  under  and  pursuant  to  the  provisions  of  title  two  of 
chapter  nine  of  the  Code  of  Civil  Procedure. 

§  909.  It  shall  be  the  duty  of  the  present  counsel  to  the  cor- 
poration properly  to  protect,  maintain,  and  defend  the  interest 
of  the  city  in  relation  to  all  matters  before  said  commissioners, 
pursuant  to  the  provisions  of  this  title. 


COMMISSIONERS  TO  CORRECT  ASSESSMENTS. 


345 


^  Did.  Kdward  Cooper,  John  Kellv,  Allan  Campbell,  (ieorge  11  • 
H.  Andrews,  and  Daniel  Lord,  Jr.,  of  said  city  are  commission- 
ers for  the  purposes  of  tin's  title,  with  power  to  appoint  clerks 
and  stenographers.    Notice  of  all  meet  ings  of  said  commissioners 
given  by  publication  in  the  City  Record  and  the  Daily  Register, 
in  such  form  as  they  shall  determine,  shall  be  sufficient  for  all 
purposes, and  such  meetings  shall  he  held  as  frequently  as  neces 
Bary  for  the  despatch  of  the  duties  hereby  imposed  upon  them. 
All  meetings,  except  for  consultation  and  decision,  shall  be  pub- 
lic.   A  minute  book  shall  1m?  kept  by  them,  or  under  their  super-  UjJJg^J 
vision,  in  which  shall  be  entered  a  faithful  record  of  all  the  pro-  sitoutebook. 
ceedings  of  said  commissioners,  which  shall  be  at  all  times  open 
to  the  public  for  inspection,  and  on  the  final  adjournment  of  the 
commissioners  shall  be  filed  in  duplicate  in  the  finance  depart- 
ment and  in  the  office  of  the  clerk  of  the  common  council.    The  S&SSfciSM 
said  commissioners,  or  a  majority  of  them,  shall  have  full  power  (s.h*llbe  bear'' 
to  determine  the  order  and  manner  in  which  cases  shall  be  heard, 
and  in  which  evidence  shall  be  taken;  to  decide  all  questions  as 
to  the  competency,  relevancy  and  materiality  of  testimony;  to 
fix  and  limit  the  time  within  which  evidence  and  argument  in 
each  case  may  be  submitted;  and  generally,  except  as  herein 
specifically  provided,  to  determine  and  prescribe  the  mode  and 
manner  in  which  all  proceedings  taken  before  them  or  under 
sections  nine  hundred  and  seven  to  nine  hundred  and  thirteen  of 
this  act,  inclusive,  shall  be  conducted.     All  evidence,  whether  Eridenoetobe 

.  taken  hefor  - 

offered  on  behalf  of  the  property-owners  or  the  city,  was  required  Jlllv  im- 
to  be  submitted  before  July  first,  eighteen  hundred  and  eighty- 
one,  and  the  decision  of  the  commissioners,  or  a  majority  of 
them,  in  every  case  required  to  be  rendered  in  writing, on  or  be- 
fore September  thirteenth,  eighteen  hundred  and  eighty-one,  on 
which  last-mentioned  day  the  jurisdiction  and  authority  of  said 
commissioners  ceased  except  as  hereinafter  otherwise  provided. 
The  time  for  filing  the  notice  provided  by  section  nine  hundred  Ti  me  for  filing 

notices 

and  seven  for  the  submission  of  evidence,  or  for  the  making  of 
a  decision  by  the  commissioners,  may  be  extended  beyond  the 
'time  herein  specified  by  the  supreme  court  in  the  first  judicial 
district  in  such  manner  and  upon  such  notice  as  the  court  may 
direct.    In  case  of  the  death,  resignation,  refusal,  or  failure  to  in  ease  ot 

'  °  »  '  death,  etc.,  of 

act  of  anv  one  or  more  of  the  aforesaid  commissioners,  then  and  commissioner. 

J  remainder  to 

in  that  case  every  power  conferred  and  every  duty  devolved  act 
upon  the  said  commissioners  shall  be  possessed  and  exercised  by 
the  remainder  of  said  commissioners,  or  a  majority  of  them,  and 
a  certificate  signed  and  filed  as  herein  provided,  by  such  majority, 
shall  be  valid  and  effectual  for  every  purpose  of  said  sections  of 
this  tit]e. 


340 


COMMISSIONERS  TO  ( 'OHKKCT  A SSKSSMBNT8. 


if«o,  ch.  550,  «o.      §011.  The  said  commissioners  shall  award  such  relief  as  in 

awarded. 

their  judgment  is  just  and  equitable  in  view  of  the  circum- 
stances of  each  case  brought  before  them  by  the  notice  aforesaid, 
and  shall  determine  what  relief,  if  any,  is  to  be  awarded  in  re- 
Bpect  of  each  lot  or  parcel  of  land,  and  what  reduction,  if  any, 
is  to  be  allowed  upon  such  lot  or  parcel,  and  thereupon  they 
jShall  file  in  each  case  a  certificate,  signed  by  a  majority  of  the 
said  commissioners,  in  the  department  of  finance  in  said  city, 
specifying  the  relief  awarded  by  them,  and  upon  such  filing  the 
assessment  on  each  lot  or  parcel  shall  be  revised,  modified,  or 
vacated,  as  in  said  certificate  specified, and  the  amounts  fixed  by 
*such  certificate,  with  interest  thereon  from  the  date  thereof, and 
no  more,  shall  thereaf  ter  be  the  extent  of  the  lien  upon  such 
lots  or  parcels  in  respect  of  such  assessment. 
H,|io.  §  912.  Whenever,  prior  to  June  ninth,  eighteen  hundred  and 

eighty,  any  assessment  for  any  local  improvement  imposed  upon 
any  particular  lot  or  lots  has  been  paid  in  whole  or  in  part,  and 
jVraonswho     the  assessment  for  such  local  improvement  upon  any  other  lot 
assessments.     01'  lots  shall  bo  vacated,  revised,  or  modified  by  the  commissioners 
as  herein  authorized,  it  shall  be  the  duty  of  said  commissioners 
to  award  and  adjudge  to  the  person  or  persons  by  whom  such 
payments  have  been  made.their  legal  representatives  or  assigns, 
an  amount  equal  to  the  amount  of  reduction  to  which  such  par- 
ties would  have  been  entitled  if  they  had  not  made  such  pay- 
ment, the  amount  of  which  award  shall  be  proportionately  equal 
to  the  reduction  upon  other  lots  so  revised  or  modified  as  afore- 
certificates  of  said.    The  said  commissioners  shall  file  in  the  finance  depart- 
flSed.-8t0       ment  certificates  in  each  case  showing  the  amount  of  such 
awards,  and  the  persons  to  whom  the  same  are  made;  and  the 
amounts  thereof  respectively  shall  thereupon  become  a  charge 
against  the  mayor,  aldermen,  and  commonalty  of  the  city  of 
New  York  in  favor  of  the  respective  persons  to  whom  the  same 
shall  be  made  as  aforesaid,  and  shall  be  provided  for  by  the  issue 
apply "o"ot  t0    °^  assessment  bonds  of  said  city.    Nothing  in  this  section  con- 
ass^sment=     tained  shall  be  held  to  apply  where  less  than  one-half  of  the  en- 
tire expense  of  the  improvement  assessed  upon  all  the  property 
9  deemed  to  be  benefited  thereby,  exclusive  of  such  portion  of  the 

expenses  of  the  improvement  imposed  upon  said  city  or  its  pro- 
perty, remained  on  the  first  day  of  May,  eighteen  hundred  and 
eighty,  a  lien  or  apparent  lien  upon  said  property  deemed  to  be 
benefited. 

i6«),  en.  ooo,  «9.       §  913.  T-he  ben  of  any  assessment  specified  iu  section  nine 

Lien  of  hundred  and  two,  not  vacated,  reduced,  or  set  aside  in  any  pro- 
assessments  t  ,.       .  -J  J.'        J  i  J 

not  vacated.     ceeding  or  action  m  said  section  mentioned,  or  not  vacated,  re- 
dturbedsd.      vised,  or  modified  by  the  said  commissioners  pursuant  to  the 
provisions  of  this  title,  shall  not  be  disturbed,  modified,  or 


Till;  CLERK  OF  ARREARS. 


347 


vacated  except  in  the  manner  and  to  the  extent  provide  !  in  sec- 
tion nine  hundred  and  three. 

jj  914.  None  of  the  provisions  of  sections  nine  hundred  and  1,1 
six  to  nine  hundred  and  thirteen,  inclusive,  shall  apply  to  any 
reassessment  hereafter  made  or  imposed  for  any  local  improve- 
ment for  which  an  assessment  has  been  or  shall  he  vacated  in 
whole  or  in  part. 

'I'itleA.-  -Sales     1 /oat for  Ta.ves,  Assessments,  and  Walar  Hates. 

g  915.  All  taxes  and  all  assessments  for  city  improvements,  j^^sn}'*1, 
and  all  regular  Oot on  water  rents,  and  the  interest  and  charges  Tax-s.  «m» 

.  °        ini'ntM,  ami 

thereon,  which  may  he  laid,  or  have  heretofore  been  laid,  upon  »al"",,|iKI" 

»  '  '      1  lip  n  hen  upon 

any  real  estate  in  the  city  and  county  of  New  York,  shall  be  '■"  u 
and  continue  to  be,  until  paid,  a  lien  thereon,  and  shall  be  pre- 
ferred in  payment  to  all  other  charges.    No  assessment  for  any  !,r!I.s*"sn«'nts. 


city  improvement  shall  be  deemed  to  be  fully  confirmed,  so  as  to  mn.yIos;! 
be  due  and  he  a  lien  upon  the  property  included  in  the  assessment  ,  a»;  mn!y?iw', 
until  the  title  thereof,  with  the  date  of  confirmation  by  the 
supreme  court,  or  by  the  board  of  revision  and  correction  of  as- 
sessments, as  the  case  may  be,  shall  be  entered,  with  the  date  of 
such  entry,  in  a  record  of  the  titles  of  assessments  confirmed, 
to  be  kept  in  the  office  of  the  bureau  of  the  clerk  of  arrears. 

§910.  It  shall  be  the  duty  of  the  comptroller  to-  give  public 
notice,  by  advertisement,  for  at  least  ten  days,  in  the  City  Record,  pSSj^oOce 
immediately  after  the  confirmation  of  any  assessment  for  a  local  0 


39 


of  assessment, 
etc. 


improvement,  that  the  same  has  been  confirmed,  specifying  the 
title  of  such  assessment,  and  the  date  of  its  confirmation  by  the^ 
board  of  revision  and  correction  of  assessments,  and  also  the 
date  of  entry  in  the  record  of  titles  of  assessments  kept  in  the 
bureau  for  the  collection  of  assessments  and  of  arrears  of  taxes  and 
assessments,  and  of  Croton  water  rents,  notifying  all  persons, 
owners  of  property  affected  by  any  such  assessment,  that,  unless 
the  amount  assessed  for  benefit  on  any  person  or  property  shall 
be  paid  within  sixty  days  after  the  date  of  said  entry  of  any 
such  assessment,  interest  shall  thereafter  be  collected  thereon  as 
provided  in  the  following  section  ;  and  all  provisions  of  law  or 
ordinance  requiring  any  other  or  different  notice  of  assessments 
and  interest  thereon  are  hereby  repealed. 

i»17.  If  any  such  assessment  shall  remain  unpaid  for  the  eha^uf  not 
period  of  sixty  days  after  the  date  of  entry  thereof  in  the  said  ^yTiays11 
records  of  titles  of  assessments,  it  shall  be  the  duty  of  the  officer, 
authorized  to  collect  and  receive  the  amount  of  such  assessment, 
to  charge,  collect,  and  receive  interest  thereon,  at  the  rate  of 
seven  per  centum  per  annum,  to  be  calculated  from  the  date  of 
such'entry  to  the  date  of  payment. 


THE  CEEKK  OF  ARREARS. 


18&3.eh.  579,$1.'> 
Comp.  5tti. 
1881,  ch.  33,  $3. 
Interest  to  l*> 
■•linrged. 


I87l.ch.  SM,  jlS. 
( 'omp.  579. 
Apportionment 
or  iMMdi 


Assessments 
parable  in 
yearly  install- 
ments of  fire 
per  centum  of 
whole  amount. 
1881.  ch.  5M. 

m  8. 4. 


§  918.  interest  shall  hereafter  be  charged  and  collected  at  the. 
rate  of  seven  per  cent,  per  annum  on  all  arrears  of  taxes  and 
assessments  returned  to  the  clerk  of  arrears  from  the  time  they 
become  due  until  paid,  and  on  the  "  regular  rents"  and  charges 
for  Croton  water  from  the  time  the  taxes  become  due,  to  which 
they  may  l>c  added  as  required  by  section  nine  hundred  and 
twenty-three  until  paid.  The  provision  of  this  title  relating  to 
the  rate  of  interest  shall  apply  to  taxes,  assessments,  or  Croton 
water  rents  remaining  unpaid  and  due,  for  the  non-payment  of 
which  the  lands  and  tenements  liable  therefor  shall  have  been 
sold  since  the  sixteenth  day  'of  March,  eighteen  hundred  and 
eighty-one,  or  shall  hereafter  be  sold  at  public  auction  ;  but  such 
provisions  shall  not  be  construed  to  affect  the  rights  of  purcliasers 
at  sales  for  taxes,  assessments,  or  Croton  water  rents,  made 
before  March  sixteenth,  eighteen  hundred  and  eighty-one.  or  to 
authorize  the  redemption  of  lands  and  tenements  from  sales 
theretofore  made  for  any  lesser  sums  than  the  sums  collectible 
for  such  redemption  under  the  provisions  of  laws  then  existing. 

910.  If  a  sum  of  money  in  gross  has  been  or  shall  be  as- 
sessed for  city  improvements  upon  any  lands  or  premises  in  th<- 
city  of  New  York,  any  person  or  persons  claiming  any  dividend 
or  undivided  part  thereof  may  pay  such  part  of  the  sum  of 
money  so  assessed,  also  of  the  interest  and  charges  due  or 
charged  thereon,  as  the  comptroller  may  deem  to  be  just  and 
equitable  ;  and  the  remainder  of  the  sum  of  money  so  assessed, 
together  with  the  interest  and  charges,  shall  be  a  lien  upoif  th<- 
residue  of  the  land  and  premises  only,  which  residue  may  be 
sold  in  pursuance  of  the  provisions  of  this  act,  to  satisfy  the 
residue  of  such  assessment,  interest  or  charges,  in  the  same 
manner  as  though  the  residue  of  said  assessment  had  Wn  im- 
posed upon  the  residue  of.  said  lands  or  premises. 

§  92".  The  assessment  for  benefit  in  all  proceedings  pending 
on  the  sixteenth  day  of  June,  eighteen  hundred  and  eighty-one, 
or  thereafter  commenced  or  to  be  commenced  to  acquire  title  to 
lands  in  the  Twelfth  ward,  north  of  One  Hundred  and  Fifty- 
fifth  street,  and  the  Twenty-third  and  Twenty-fourth  wards,  for 
a  street,  avenue,  or  public  place,  or  for  the  opening  or  widening 
thereof,  and  all  assessments  levied  for  grading,  regulating,  pav- 
ing, and  sewers  in  said  territory,  and  all  assessments  heretofore 
levied  therein  for  any  of  said  purposes,  shall  be  payable  in  yearly 
installments  of  five  per  centum  of  the  whole  amount  of  each  of 
such  assessments,  together  with  seven  per  centum  interest  on 
the  whole  amount  unpaid  in  any  year,  which  yearly  installment 
and  interest  shall  be  levied  and  collected  with  the  annual  taxes 
upon  the  property  so  assessed,  and  payment  thereof  enforced  in 
the  same  manner  as  such  taxes  and  with  the  same  penalties.  Any 


THE  CLBBS  OF  ARREARS. 


349 


person  whose  i»ropfit\  is  assessed  fx  >r  ;m  v « »1"  tin-  purpose* specified  i'-n-.ii»a 

f  i       i        J  1,1.1  1111        «-HM«tl  nun 

in  this  section  may  pay  the  whole  of  such  assessments  and  all  the  "imii-mimuin 
interest  due  thereon  at  anv  time.   The  amounts  assessed  each  *™«ni*toba 

year  upon  the  several  parcels  of  land  assessed  for  any  of  the  Judlotalwto 
aforesaid  purposes  and  all  arrears  so  assessed  shall  as  hetwe  n 
vendor  and  vendee  or  upon  a  judicial  sale  thereof  he  deemed  the 
amount  due  on  such  assessment t  upon  each  parcel,  unless  other- 
wise expressed  in  writing  between  the  parties.  The  said  comptrol- 
leris  directed,  upon  the  application  of  any  owner  of  any  part  of  a 
parcel  embraced  in  a  single  assessment,  to  apportion  the  amount 
to  he  assessed  against  such  part  and  the  remainder  of  such  par- 
cel and  payment  of  tho  sums  so  apportioned  of  the  yearly  por- 
tion thereof  provided  for  in  this  section  -hall  discharge  such  part 
from  the  lien  of  said  assessment. 

■j  921.  The  commissioner  of  public  works  shall  annually,  on  '' 
the  last  day  of  the  month  of  April,  cause  to  be  prepared  and  1854, ch. 8a 
transmitted  to  the  clerk  of  arrears  a  separate  account,  for  each 
w  ard,  of  all  lots  in  which  the  regular  rents  for  that  water  years 
may  remain  unpaid,  with  the  amount  due  on  each  lot.  and  shall 
at  the  time  notify  the  comptroller  of  the  aggregate  amount  of 
the  regular  rents  so  returned,  and  shall  thereafter  receive  no 
payments  on  account  of  the  same,  but  may,  nevertheless,  certify 
to  the  cleik  of  arrears  auy  overcharges  which  shall  upon  such 
certificate  be  remitted  by  the  clerk  of  arrears  at  any  time  before 
settlement. 

$  022.  The  receiver  of.  taxes-shall,  on  the  first  day  of  June  iu  c^phi*iMU' 
each  year,  make  a  return  to  the  clerk  of  arrears,  of  all  taxes  on  Receiver  or 

taxes. 

real  estate,  and  of  "regular  rents  "  of  Croton  water,  which  have 
been  added  thereto,  remaining  unpaid,  and  shall  notify  the 
comptroller  of  the  aggregate  amount  of  arrears  so  returned,  and 
balance  on  his  books  the  accounts  of  arrears  so  returned,  by 
charging  the  amount  thereof  to  the  bureau  of  arrears,  and  shall 
thereafter  receive  no  payments  on  account  of  arrears  so  re- 
turned, but  may  nevertheless  certify  to  the  clerk  of  arrears  any 
errors  which  shall,  upon  such  certificate,  be  corrected  by  the 
clerk  of  arrears  any  time  before  settlement. 

§  923.  There  shall  be  ruled  in  the  yearly  assessments  rolls  for  wsa.ch^.iio, 

,  Comp.  5*1. 

taxes  of  each  ward,  a  column  headed  "regular  rents,"  in  which,  Water  rents, 
immediately  after  the  confirmation  of  such  assessment  rolls,  the 
clerk  of  arrears  shall  cause  to  be  entered,  opposite  to  the  ward 
numbers  of  the  property  on  which  the  said  arrears  may  be  due, 
the  amounts  due  for  "regular  rents''  for  water,  as  transmitted 
to  him  by  the  commissioner  of  public  works  in  accordance  with 
law,  and  the  same  shall  be  collected  at  the  same  time,  and  in 
the  same  manner,  with  the  taxes  to  which  thev  shall  be  added 


WATKK  KKNTS. 


ira.  ch.fi7B,  $12, 
Comp,  •'>«'■.'. 

\rrcnrs. 


M.  $13. 
Arrears. 


Hccord  to  bo 
kept,  of  lots  In 
arrears  or  sold. 


isri,  oh.  S81,  §3, 
Cowp.  573. 
Lands  for  un- 
))aid  taxes, 
assessments, 
and  water 
rents. 


Notice  thereof 
by  advertise- 
ment. 


Manner  of  sale. 


§  924.  There  sliall  be  ruled  in  tho  yearly  assessment  rolls  of 
the  taxes  in  each  ward  a  column  headed  "arrears,"  in  which 
the  clerk  of  arrears  shall,  annually,  hefore  any  taxes  for  the 
year  are  collected,  cause  to  he  entered  the  word  "arrears,"  or 
"sold,"  according-  as  the  fact  may  he  opposite  to  the  ward  num- 
bers on  which  any  arrears  of  taxes  or  of  taxes  with  the  regular 
vents  of  Croton  water  added  shall  he  due,  or  on  which  am  at-  es 
ment  shall  remain  unpaid,  w  hich  w  as  due  or  confirmed,  thirteen 
months  prior  to  the  first  of  June,  then  last  Qast,  or  which  may 
have;  been  sold  for  assessments,  taxes,  or  regular  rents  of  Croton 
water,  and  yet  ho  redeemable. 

§925.  There  shall  be  ruled  a  column  headed  ••arrears,"  in 
every  bill  rendered  for  taxes,  for  lots  on  which  said  arreais  for 
assessments,  taxes,  or  taxes  with  "tegular  rents,"'  for  Croton 
water  added,  be  may  due  as  aforesaid,  or  which  may  have  been 
sold  and  yet  be  redeemable;  in  which  shall  be  written  oppo- 
site the  entry  of  the  ward  number  of  said  lots,  "arrears,"  or 
•'sold,"  according  as  the  fact  may  be  ;  and  it  is  hereby  declared 
to  be  the  duty  of  the  receiver  of  taxes  to  cause  a  record  to  be 
kept  of  the  ward  numbers  of  all  lots  so  noted  in  said  bill  as  in 
arrears,  or  sold,  when  said  bills  are  p  rose  u  ted  for  settlement,  and  at 
the  bottom  of  said  bills  shall  be  printed  "The  column  for  arrears, 
indicates  lots  sold  for  arrears,  or  to  be  sold  therefor  ;  .anoars  to  be 
paid  and  lots  redeemed  at  the  office  of  the  clerk  of  arrears." 

§  92G.  Whenever  any  tax  on  lands  or  tenements,  or  any 
assessments  on  lands  or  tenements  for  city  improvements,  shall 
remain  unpaid  for  the  term  of  three  years  from  the  time  the 
same  shall  have  been  confirmed,  and  also  whenever  any  regular 
rents  for  Croton  water  in  said  city  shall  have  been  due  and 
unpaid  for  the  term  of  four  years  from  the  time  the  same  shall 
have  been  due,  it  shall  and  may  be  lawful  for  the  clerk  of  arrears, 
under  the  direction  of  the  comptroller,  to  advertise  the  said 
lands  and  tenements  or  any  of  them  for  sale,  and  by  s^ich  adver- 
tisement the  owner  or  owners  of  such  lands  and  tenements 
respectively  shall  be  required  to  pay  the  amount  of  such  tax, 
assessment,  or  Croton  water  rents  so  remaining  unpaid,  together 
with  the  interest  thereon  at  the  rate  of  twelve  per  cent,  per 
annum  to  the  time  of  payment,  with  the  charges  of  such  notice 
and  advertisement,  to  the  clerk  of  arrears,  and  notice  shall  be 
given  by  such  advertisement  that  if  default  shall  be  made  in 
such  payment  such  lands  and  tenements  will  be  sold  at  public 
auction  at  a  day  and  place  therein  to  be  specified,  for  the  lowest 
term  of  years  at  which  any  person  or  persons  shall  offer  to  take 
the  same  in  consideration  of  advancing  the  said  tax,  assess- 
ment, or  Croton  w-ater  rents,  as  the  case  may  be,  and  the 
interest  thereon  as  aforesaid  to  the  time  of  sale,  and  together 


watki:  RENTS. 

with  tin*  charges  of  the  above-mentioned  notice  and  advertise- 
nient  and  all  other  costs  and  charges  accrued  thereon  ;  and 
if,  notwithstanding  such  notice,  the  owner  or  owners  shall 
refuse  or  neglect  to  pay  such  tax,  assessment,  or  Croton 
water  rents,  with  the  interest  as  aforesaid,  and  the  charges 
attending  such  notice  and  advertisement,  then  it  shall  and  may 
he  lawful  for  the  said  clerk  of  arrears,  under  the  direction  of 
the  said  comptroller,  to  cause  such  lands  and  tenements  to  be 
sold  at  public  auction  for  a  term  of  years,  for  the  purpose  aud 
in  the  manner  expressed  in  the  said  advertisement,  and  such 
sale  shall  be  made  on  the  day  and  at  the  place  for  that  purpose 
mentioned  in  the  ©aid  advertisement,  and  shall  he  continued 
from  time  to  time,  if  necessary,  until  all  the  lands  and  tene- 
ments so  advertised  shall  he  sold  :  and  the  said  clerk  of  arrears  Delivery  of  cer 
shall  give  to  the  purchaser  or  purchasers  of  any  such  lands  and  purchaser, 
tenements  a  certificate,  in  writing,  describing  the  lands  and 
tenements  so  purchased,  the  term  of  years  for  which  the  same 
shall  have  been  sold,  the  sum  paid  therefor,  and  the  time  when 
tho  purchaser  will  he  entitled  to  a  lease  for  the  said  lands  and 
tenements.  But  no  houses  or  lots,  or  improved  or  unimproved  Notice  of  sale, 
lands,  in  the  city  and  county  of  New  York,  shall  be  hereafter  °*  ,,"bllsh0<1 
sold  or  leased  at  public  auction  for  the  non-payment  of  any  tax. 
assessment,  or  Croton  water  rents  which  may  be  due  thereon, 
unless  notice  of  such  sale  shall  have  been  published  once  in  each  * 
week  successively  for  three  months,  in  the  City  Record,  or, 
when  authorized  pursuant  to  section  sixty-six  of  this  act,  in  ten 
of  the  daily  newspapers  printed  and  published  in  said  city, 
which  advertisement  shall  contain,  appended  to  said  notice,  a 
particular  and  detailed  statement  of  the  property  to  be  sold  for 
taxes,  assessments,  or  Croton  water  rents  ;  or  the  said  detailed 
statement  and  description,  instead  of  being  published  in  the  City 
Record  or  in  a  newspaper  shall,  at  the  option  of  the  said  comp- 
troller, be  printed  in  a  pamphlet;  in  which  case  copies  of  the  pampi.iet  cop- 
pamphlet  shall  be  deposited  in  the  office  of  the  bureau  of  the  Hollands'.' 
clerk  of  arrears,  and  shall  be  delivered  to  any  person  applying  deposited, 
therefor.  And  the  notice  provided  for  in  this  section  to  be 
given  of  the  sale  of  houses  and  lots  and  improved  and  unim- 
proved lands  shall  also  state  that  the  detailed  statement  of  the 
taxes,  assessments,  or  Croton  water  rents,  and  the  ownership 
of  the  property  taxed,  assessed,  and  on  which  tho  Croton  water- 
rents  are  unpaid,  is  published  in  the  City  Record  or  in  one  of 
the  daily  papers,  naming  the  same,  or  in  a  pamphlet,  as  the 
case  may  be,  and  that  copies  of  the  pamphlet  are  deposited  in 
the  office  of  the  bureau. of  the  clerk  of  arrears,  and  will  be 
delivered  to  any  person  applying  for' the  same.  No  other  notice 
or  demand  of  the  tax,  assessment,  or  Croton  water  rents  shall 


ADVERTISING  BALES  KOK  TAXES. 


IM71.  oh.  881,  JH, 
<  tamp.  570. 

ContigUOlU 
lot«,  when  to  lie 

advertised  a-> 
one  parcel. 


i.  cb.  171,  i3. 

( 'oiitp. 

I871,ch.881,  MS, 
C,  C'ouip.  070. 

F'ost  |«>)M-!II<--Il1 

of  sal.  s. 


Notice  "f  post 
poneinent,  how 
published. 


18T1,  ch~881,fS2, 
Comp.  579. 
[To  auctii  m  Be  • 
allowed. 


Id.  |9, 
Comp.  5,8. 

1873,  ch.  G13,  §7. 
as  amended 

1874,  ch.  3J9,  §7, 
Comp.  595. 
Sales  of  certain 
land  for  unpaid 
taxes  to  be 
made  by  the 
treasurer  of 
Westchester 
Co. 

1873.  ch.  618,  §4, 
as  amended 

1874,  ch.  329,  §4. 
<  'onip.  591. 


1871»  ch.381,  J10. 
Comp.  57t>. 
Lands  to  be  bid 
in  for  city,  in 
absence  of 
bidders. 


he  required  t<>  authorize  the  sale  of  any  lauds  and  tenements  M 
hereinbefore  provided. 

§  027.  In  advertising  houses  and  lots  and  improved  or  unim- 
proved lands  to  be  sold  for  the  nonpayment  of  taxes  and 
assessments,  or  Croton  water  rents,  it  shall  he  the  duty  of  the 
said  clerk  of  arrears  to  advertise  all  the  houses  and  lots  or  other 
lands  lying  contiguous  to  each  other  and  belonging  to  the  same 
owner  in  one  parcel,  unless  otherwise  requested  by  such  owner, 
but  he  may  sell  separately  the  said  houses  and  hits  as  the  saint 
may  have  been  assessed. 

§  928.  It  shall  be  lawful  for  the  comptroller  to  suspend  or 
postpone  any  sale  or  sales  of  lands  and  tenements  or  any  portion 
thereof  which  shall  have  been  advertised  for  sale,  to  any  time 
not  exceeding  fifteen  months  from  the  day  specified  in  any  such 
advertisement.  All  -ales  which  -hall  be  10  postponed  OT  sus- 
pended shall  he  made  without  further  advertisement,  other  than 
a  general  notice  of  such  postponement,  to  be  published  in  the 
City  Record  or,  when  authorized  pursuant  to  .section  sixty-six 
of  this  act,  in  two  or  more  of  the  daily  newspapers  in  the  city  of 
New  York,  at  least  once  a  week  until  the  time  of  sale,  and  such 
Bale,  when  made,  shall  be  as  valid  and  effectual  as  if  the  same 
had  taken  place  at  the  time  for  that  purpose  first  advertised. 

§  929.  The  clerk  of  arrears  or  his  assistant  shall  conduct  the 
sales  hereinabove  provided  to  he  made,  and.no  auctioneer  other 
than  said  clerk  or  his  assistant  shall  be  employed  to  make  such 
sale,  and  no  auctioneer's  fees  shall  he  charged  thereon,  Certifi- 
cates of  sale  shall  he  made  and  delivered  to  the  purchaser  with- 
out charge. 

§  930.  All  sales  of  land  situate  in  the  Twenty-third  or 
Twenty-fourth  wards  for  unpaid  taxes  levied  in  any  year  prior 
to  eighteen  hundred  and  seventy-four,  shall  he  made  by  the 
treasurer  of  the  count}'  of  Westchester.  The  said  treasurer  is 
authorized  to  take  the  same  proceedings  for  the  sale  of  lands  for 
unpaid  school  taxes  imposed  upon  property  in  the  towns  of 
Morrisania,  West  Farms,  and  Kingsbridge,  as  formerly  consti- 
tuted, which  remained  uncollected  at  the  time  when  the  returns 
of. the  receiver  of  taxes  of  the  towns  of  Morrisania  and  West 
Farms  and  the  collector  of  taxes  of  the  town  of  Kingsbridge 
were  made  in  the  year  eighteen  hundred  and  seventy-three  to 
said  treasurer;  and 'he  is  authorized  to  sell  the  same  in  the  man- 
ner provided  by  law  for  such  proceedings  and  sales  in  the  county 
of  Westchester. 

§  931.  It  shall  he  lawful  for  the  clerk  of  arrears,  at  any  sale 
of  lands  and  tenements  in  the  city  and  county  of  New  York  for 
taxes,  assessments,  or  Croton  water  rents,  to  bid  in,  for  the 
mayor,  aldermen,  and  commonalty,  every  lot  and  premises  so 


s  LLE8  FOR  TAXES. 


858 


put  up  for  sale  for  which  do  person  shall  offer  to  bid,  and  certifi- 
cates of  such  sales  shall  be  made  by  the  said  clerk  of  ar- 
rears to  the  said  mayor,  aldermen,  and  commonalty,  in 
form  and  manner  as  is  prescribed  in  the  section  nine 
hundred    and    twenty-Six.      All    such     purchases    shall    he  Wfhuoi 

"  _*  redemption. 

subject  to  the  same  rights  of  redemption  as  purchases  by 
individuals;  and  if  the  lands  and  tenements  sold  shall  not  be  re- 
deemed, or  shall  not  have  been  assigned,  the  comptroller  of  the 
city  shall  execute  a  lease  therefor  to  the  said  mayor,  aldermen, 
and  commonalty,  with  the  same  effect  as  in  cases  of  leases  to 
individuals  in  this  title  provided. 

§982.  It  shall  be  the  duty  of  said  clerk  of  arrears,  in  "all  w-l»- 
cases  of  purchases  of  lands  and  tenements  by  the  said  mayor,  lands  by  city, 

i  •,.      -  .  when  ftnd  how 

aldermen,  and  commonalty  for  taxes,  assessments,  or  I  rot  on  u-.v-m.-i 
water  rents,  to  assign  any  and  all  such  purchases  to  any  person 
who  shall  at  any  time  within  one  year  from  the  time  when  stu  b 
purchases  were  made,  offer  to  take  the  same,  upon  his  or  her 
paying  to  the  said  clerk  of  arrears,  for  the  use  of  the  said 
mayor,  aldermen,  and  commonalty,  the  purchase  money,  with 
seven  per  cent,  interest  thereon.  The  person  so  receiving  the 
assignment  shall  be  entitled,  upon  the  redemption  of  (he  prop- 
erty, to  receive  the  amount  so  paid  by  him  or  her  to  the  said 
mayor,  aldermen,  or  commonalty,  with  interest  from  the  time 
of  such  payment  at  the  rate  and  in  the  same  manner  as  if  he  or 
she  had  purchased  the  property  at  a  sale  for  taxes,  assessments, 
or  Croton  water  rents. 

^  938.  In  all  cases  where  lands  within  the  Twenty-third  or  ^ameneulrt  57 
Twenty-fourth  wards  have  been  heretofore,  or  may  hereafter  oom^a^9'^ 
be,  sold  by  the  county  treasurer  of  Westchester  county  for  un- 
paid taxes,  and  which  lands  have  been  bid  in  by  said  treasurer 
in  the  name  of  the  respective  towns  now  embraced  in  said 
wards,  and  said  towns  have  become  entitled  to  a  certificate  of 
saje,  lease  or  leases  of  said  lands,  such  certificate  of  sale,  lease 
or  leases  shall  be  executed  and  delivered  by  said  county  treas- 
urer to  the  comptroller  of  the  city,  and  the  said  comptroller  IS  When  towns 
hereby  authorized  and  empowered  to  assign  such  certificate  of  entitled  to  cer 
sale,  lease  or  leases  to  the  owner  or  owners  of  the  lands  which  etccatthe°Lmle' 

to  In*  i t » *  1  i v t ■  ' 

have  been  sold  as  aforesaid,  upon  such  owner  or  owners  paying  tothecitjr 
to  him  the  amount  of  such  tax  and  interest  as  provided  by  the 
laws  under  which  such  sales  were  made,  together  with  all 
charges  accrued  thereon,  and  the  moneys  so  received  shall  be 
paid  by  the  comptroller  to  the  contingent  fund  of  said  city. 

934.  In  all  cases  of  lands  and  tenements  purchased  by  the  wn,ch.a8i,fis 

said  mayor,  aldermen,  and  commonalty  for  taxes,  assessments,  Redemption  of 

or  Croton  water  rents,  in  which  the  same  shall  not  have  been  chatelby city 
assigned  as  hereinbefore  provided,  any  person  claiming  title  to 


354 


SALES  IOK  ASSESSMENTS. 


Service  of  110- 
tlC3,  in  case  of 
conveyances  to 
city. 


lH19,eh.  09.551,'.', 
I  'ouip.  1160.  • 
( vrtalu  un- 
cl&lmed  lands 

lo  be  taken 

pointi  lion  of. 


City  to  account 
for  rents,  etc. 


such  lands  and  tenements,  or  any  other  person,  may  redeem  the 
same  in  like  manner  and  to  the  same  effect  as  in  cases  of  indi- 
vidual purchases,  hy  paying,  in  the  manner  provided  hy  law, 
for  the  use  of  the  said  mayor,  aldermen,  and  commonalty, 
the  purchase  money  with  seven  per  cent,  interest  thereon,  to- 
gether with  any  and  all  expenses  which  shall  have  accrued  since 
the  sale;  and  in  all  cases  where  lands  and  tenements  shall  he 
conveyed  to  the  said  mayor,  aldermen,  and  commonalty  pursuant 
to  the  provisions  of  this  title,  it  shall  he  the  duty  of  the  said 
clerk  of  arrears,  in  the  name  of  the  said  mayor,  aldermen,  and 
commonalty,  to  canst;  notices  to  he  served  in  the  manner  in  this 
title  provided. 

§  935.  It  shall  he  lawful  for  the  mayor,  aldermen  and  com- 
monalty, and  they  are  herehy  authorized  and  empowered,  to 
take  peaceable  possession  of,  or  sue  for  and  recover,  and  to  hold, 
occupy  and  enjoy  all  lots  or  pieces  or  parcels  of  land,  situate, 
lying  and  being  in  the  same  city,  which  have  or  which  may  be 
sold  for  a  term  of  time  for  the  payment  of  any  taxes  or  assess- 
ments in  the  said  city,  after  the  expiration  of  the  term  for 
which  the  same  may  have  been  or  shall  he  so  sold,  provided  the 
rightful  owner  of  the  same  shall  not  then  claim  possession  of  the 
same,  and  to  have,  hold,  and  occupy  the  same  until  the  rightful 
owner  shall  claim  possession  of  the  same,  and  shall  pay  all  sums 
which  may  be  due  thereon  for  taxes,  assessments  and  also  the 
value  of  the  improvements  which  may  he  made,  or  erected  upon 
the  same  by  the  mayor,  aldermen  and  commonalty,  over  and 
above  all  the  rents,  issues  and  profits  which  may  be  received  by 
the  mayor,  aldermen  and  commonalty  for  or  on  account  of 
the  rents,  issues  and  profits  of  any  such  premises;  provided  al- 
ways, that  the  said  mayor,  aldermen  and  commonalty  shall  not 
be  entitled  to  demand  any  sum  of  money  for  any  such  improve- 
ments, unless  they  shall  have  caused  to  be  published,  in  at  least 
two  of  the  public  newspapers  printed  in  the  said  city,  for  at 
least  three  months  previous  to  the  making  of  such  improve- 
ments, a  notification  to  the  owners  of  the  said  lots,  to  appear 
and  take  possession  of  their  said  premises;  and  further,  that  in 
no  case  shall  the  owners  of  the  said  premises  be  compelled  to  pay 
for  any  such  improvements  a  sum  exceeding  two-thirds  of  the 
value  of  their  said  lots  of  land.  The  mayor,  aldermen  and  com- 
monalty shall  account  for  and  pay  over  to  the  rightful  owner  of 
any  such  lots  of  land,  all  the  rents,  issues  and  profits  which  they 
may  receive  on  account  of  such  premises  over  and  above  the 
amount  of  all  taxes  and  assessments  due  for  or  on  ac- 
count of  the  said  premises,  and  over  and  above  the 
value  of  all  such  improvements  thereon  as  shall  be  made  after  the 


SALES  Fok  ASSESSMENTS. 


355 


notification  mentioned  in  this  section,  and  as  shall  not  exceed 
two-thirds  of  the  value  of  said  lots  of  land. 

§  '.'.'50.  In  cases  of  sales  of  real  estate  for  the  non-payment  of  ^Yjil30' 
taxes  or  assessments  ii  shall  lie  the  duly  of  bhe  clerk  of  arrears,  V.,;'^',-. 
sixty  days  before  the  time  limited  by  the  law  for  the  redemp-  &fXi7o^i 
tion  of  any  real  eslato  from  the  effect  of  such  sales,  to  cause  no-  §S%uw>, 
fcice  to  ho  given  to  all  mortgagees  of  the  real  estate  so  sold,  their  $^cb!»),<i, 
assignees  or  personal  representatives,  and  to  all  owners,  lessees,  a£58'c5mmta 
or  persons  otherwise  interested,  or  their  legal  representatives.  Tw',vix^^tUy 
who  shall  at  any  time,  at  least  one  month  before  the  time  for 
the  giving  of  snch  notice,  have  tiled  in  the  office  of  the  register 
of  the  city  and  county  of  New  York  a  memorandum  of  such 
mortgage  and  of  such  real  estate  containing  a  hrief  abstract,  * 
designating  the  property,  with  the  street  number,  if  there  be 
any,  or  such  definite  description  or  diagram  as  will  enable  the 
said  clerk  of  arrears  to  designale  the  said  premises  upon  the 
city  maps,  and  the  name  and  residence  of  such  mortgagee,  as- 
signee, or  personal  representative,  and  such  owner,  lessee,  or 
person  represented. 

§  937.  Such  notice  shall  he  given  by  putting  into  the  post-  e^ph<io370,  il 
office  in  the  city  of  New  York,  directed  to  such  mortgagees;  as-  c^p.1:^5'^" 
signees,  or  personal  representatives,  at  their  places  of  residence, 
if  known  to  the  clerk  of  arrears,  and  such  owners,  lessees,  or  NoUc^howto 

*  '  .  "         be  sent  to 

persons  otherwise  interested,  a  printed  list  descrihing  all  the  ^ortgageea. 
property  sold  for  taxes  and  remaining  unredeemed.  Such  de- 
scription shall  name  the  street  or  avenue  on  which  the  property 
may  he  situate,  the  side  of  the  street  or  avenue,  and  hetween 
what  streets  or  avenues,  with  the  map  or  street  numbers  of  the 
property,  and  in  whose  name  assessed,  together  with  the  term 
of  years  and  amount  for  which  the  same  shall  have  been  sold, 
and  the  day  or  days  on  which  the  time  limited  for  the  redemp- 
tion of  the  property  will  expire,  with  a  notice  that  unless  the 
property  shall  he  redeemed  on  or  by  such  days,  by  the  payment 
of  the  sums  for  which  the  same  were  sold,  with  all  interest  and  ex- 
penses allowed  by  law.  that  leases  will  be  given  to  the  pur- 
chasers, in  accordance  with  the  statute  in  such  case  made  and 
provided. 

j>  938.  An  affidavit  of  the  service  of  such  notice  as  is  re-  'i'V1-1  .f 1 
quired  in  the  two  preceding  sections,  before  any  officer  author-  {^f1^5^, 
ized  to  take  affidavits  to  be  read  in  a  court  of  record  and  filed  in  pro^"1fI) 
the  office  of  the  said  register  of  deeds,  or  a  certified  copy  service, 
thereof  under  the  signature  of  such  register,  shall  he  evidence 
of  the  fact  of  such  notice. 

§  939.  It  shall  be  the  duty  of  the  said  register  of  deeds  to  Id  „lfi  w 
keep  in  his  office  a  book,  alphabetically  arranged,  for  the  regis-  pe^r5tore 
tering  of  all  such  memorandums  as  aforesaid,  which  hook  shall  oordmemo 

ranuuin 


LEASKS  TO  PTKCHASEItS. 


nis  feea 


ia.  sir.  i<i.  s« 


Ki^-iit  i"  re- 
ileem  lands 
m  I  thin  two 

yearH. 


1871,  ch.881,  |4, 
I'orap.  575. 


Notice  as  to 
redemption  of 
UuiIh  after  sale 
a  Daly,  347. 


Execution  of 
lease  to 
purchasers. 


bo  open  to  the  inspection  of  any  person  desiring  to  examine  the 
same,  without  charge.  The  said  register  shall  be  entitled  to  re- 
ceive twenty-five  cents  for  registering  the  memorandum  of  each 
mortgage,  as  above  provided. 

§  940.  Such  mortgagees  or  their  assignees  or  personal  repre- 
sentatives, and  such  owners,  lessees,  or  persons  otherwise  inter- 
ested, or  their  legal  representatives,  shall  be  entitled  to  redeem 
the  property  sold  from  the  effect  of  such  sale,  at  any  time 
wnhin  two  years  from  the  date  of  such  sale,  and  such  mort- 
gagees, assignees,  or  personal  representatives  shall  have  alien  on 
the  property  for  the  amount  paid,  with  the  interest  which  may 
thereafter  accrue  thereon,  at  the  rate  of  seven  per  cent,  per  an- 
num, in  like  manner  as  if  the  same  liad  been  included  in  such 
mortgage. 

941.  The  clerk  of  arrears,  under  the  "direction  of  the  comp- 
troller of  the  city,  shall  can-''  an  advertisement  to  be  published 
at  least  twice  in  each  week,  for  six  weeks  successively,  in  one  of 
the  daily  newspapers  printed  and  published  in  the  city,  in  such 
form  as  he  shall  deem  best  calculated  to  give  notice  of  such 
sale,  that  unless  the  lands  and  tenements  sold  be  redeemed  by  a 
certain  day,  they  will  be  conveyed  to  the  purchaser.  If  the  per- 
son or  persons  claiming  title  to  the  said  lands  and  tenements,  or 
some  other  persons,  shall  not,  within  two  years  from  the  date  of 
the  before-mentioned  certificate,  pay  to  the  said  clerk  of  arrears, 
for  the  use  of  the  purchaser  or  purchasers,  his,  her,  or  their  heirs, 
executors,  administrators,  or  assigns,  the  sum  mentioned  in  such 
certificate,  together  with  the  interest  thereon,  at  the  rate  of 
fourteen  per  cent,  per  annum,  from  the  date  of  such  certificate, 
the  said  comptroller,  in  the  name  of  the  mayor,  aldermen,  and 
commonalty,  at  the  expiration  of  the  said  two  years,  shall  exe- 
cute to  the  purchaser  or  purchasers,  his,  her,  or  their  heirs, 
executors,  administrators,  or  assigns,  a  lease,  under  the  common 
seal  of  the  city,  of  the  lands  and  tenements  so  sold  for  such 
term  of  years  as  the  same  shall  have  been  sold,  and  the  execu- 
tion thereof  shall  be  witnessed  by  the  clerk  of  arrears.  At  the 
time  of  receiving  the  lease  the  purchaser  shall  pay  the  sum  of 
two  dollars  and  fifty  cents  to  the  clerk  of  arrears  for  the  ex- 
pense of  drawing  said  lease,  and  also  the  expense  of  advertising 
the  notice  to  redeem  ;  and  all  such  leases  executed  by  the  said 
comptroller  and  witnessed  by  the  clerk  of  arrears  shall  be  pre- 
sumptive evidence  that  the  sale  and  all  proceedings  prior  thereto, 
from  and  including  the  assessments  on  said  lands  and  tenements, 
for  taxes  or  assessments  or  Croton  water  rents,  and  all  notices 
required  by  law  to'  be  given  previous  to  the  expiration  of  the 
two  years  allowed  to  redeem,  were  regular  and  according  to  the 
provisions  of  the  statute  in  such  cases  made  and  provided  ;  and 


LEASES  TO  PURCHASERS. 


siH-li  purchaser  or  purchasers,  his,  her,  or  their  ln  iis,  executors,  kikuu «t pur 

administrators,  or  assigns,  shall,  in  virtue  thereof  and  of  this  i-a*.-s 

title,  lawfully  hold  and  enjoy  the  said  lands  and  tenements  in 

said  lease  mentioned  for  his,  her,  or  their  own  proper  use 

against  the  owner  or  owners  thereof,  and  all  claiming  under 

him.  her,  or  them,  until  such  purchasers^  term  therein  shall  be 

fully  complete  and  ended  ;  and  the  said  purchaser  or  purchasers,  Homovaiof 

his,  her,  or  their  hens,  executors,  administrators,  or  assigns,  SptaSRiof " 

shall  be  at  liberty  to  remove  all  the  buildings  or  materials  which 

he,  she,  or  they  shall  erect  or  place  thereon  during  the  said  term, 

within  one  month  after  the  expiration  of  the  said  term,  but 

leaving  the  lands  and  tenements,  with  the  streets  fronting  the 

same,  in  the  order  required  by  the  regulations  of  the  common 

council ;  provided,  that  such  lease  shall  not  be  executed  and  de-  LwM.whea  to 

livered  until  the  expiration  of  six  months  after  the  publication  of 

the  notice  last  herein  above  mentioned. 

£  942.  In  all  cases  where  pieces  or  parcels  of  land  shall  have  iM3.  cii.sao, 
heen  sold  for  taxes,  and  any  person  shall  claim  to  redeem  any  "omp.sVo. 
portion  of  the  same  within  the  time  limited  for  redemption,  he 
shall  be  permitted  to  do  so  on  paying  the  apportionment  of  the 
tax  for  which  the  property  was  sold,  together  with  the  interest 
on  the  same,  and  an  equitable  proportion  of  the  expense,  the  ap- 
portionment to  be  made  by  the  comptroller. 

§  943.  Whenever  any  lands  or  tenements  sold  for  taxes,  as-  ^ch.iw,ftt, 
sessments,  or  Croton  water  rents,  and  conveyed  as  in  this  title  service  of  no- 
provided,  shall  at  the  time  of  conveyance  be  in  the  actual  occu-  occup?ed^aends. 
paney  of  any  person,  the  grantee  to  whom  the  same  shall  have  §0' |«"'iCl1' 
been  conveyed  or  the  person  claiming  under  him,  shall  serve  a 
written  notice  on  the  person  occupying  such'lands  or  tenements, 
and  in  all  cases  ou  the  person  owning  the  property  so  conveyed, 
•whether  the  property  be  in  occupancy  or  not,  provided  such 
owner  resides  in  the  city  of  New  York,  or  in  any  adjoining  coun- 
ty; in  case  the  owner  does  not  reside  in  the  city  of  New  York,  or 
in  an  adjoining  county,  said  notice  shall  be  sent  to  his  or  her 
post-office  address  by  mail.    All  such  notices  shall  state  in  sub-  Notice  to  i>e 

j.1  i  j  ;i  j         l  n  -i    mailed  to  non- 

stance  the  sale  and  conveyance,  the  person  to  whom  made,  and  resident 

the  amount  of  consideration  money  mentioned  in  the  convey-  owners' 
ance,  with  the  addition  of  forty-two  per  cent,  on  such  amount 
as  the  said  lands  or  tenements  were  struck  off  for  at  the  time  of 
the  sale,  and  the  further  addition  of  the  sum  paid  for  the  lease 
and  advertisement;  and  stating,  also,  that  unless  such  considera- 
tion money,  and  the  said  forty-two  per  cent.,  together  with  the 
sum  paid  for  the  lease  and  advertisements,  shall  be  paid  to  said 
clerk  of  arrears,  for  the  benefit  of  the  grantees,  within  six 
months  after  the  service  of  such  notice,  the  said  conveyance  will 
become  absolute,  and  the  owner,  occupant,  and  all  others  inter- 


KEDKMI'TION  OF  LAND  SOU)  FOH  TAXES. 


Proof  of  n  i 
vice  of  DOtlce 
to  i>i*  recorded 

«  ill)  CllllVcy- 

mice. 


1.1.  Sl  I. 

( 'omp 

Manner  of  tserv- 

lllR  llotlCCH. 


10.  $15. 

MBdavil  of 
service  of 
notice,  how 
filed. 


Id.  $16. 
Certificate  of 
comptroller 

nnd  effect 
tlirrcef. 


i.>; i. ei' 
Comp,  578. 
Redemptions, 
when  to  be 
made. 


1S43,  eh.  ?30. 
Etrl  8,  §10. 
Comp.  570. 
Rate  of  interest 
to  be  Allowed. 


.■sled  in  the  lands  or  tenements  be  barred  from  all  right  and  title 
thereto  during  tbc  term  of:  years  for  wbicl)  such  lands  or  tene- 
ments shall  have  been  conveyed.  And  no  conveyance  made  in 
pursuance  of  this  title  shall  b''  ii  corded  until  the  expiration  of 
such  notice,  and  the  evidence  of  the  service  of  such  notice  shall 
be  recorded  with  such  conveyance. 

§  944.  Such  notice  sball  be  served  personally  or  by  leaving 
the  same  at  the  dwelling  bouse  of  the  occupant  and  of  the  per- 
son owning  the  property  conveyed,  with  any  person  of  suitable 
age  and  discretion  belonging  to  his  or  her  family,  and  the  nana; 
of  the  person  on  whom  served,  sball  be  stated  in  the  affidavit  of 
service  hereinafter  mentioned  if  the  same  can  be  ascertained, 
and  if  served  by  mail,  sball  slate  the  lime  when  the  same  was 
mailed. 

3  945.  In  every  such  case  the  grantee,  or  the  person  claiming 
under  him,  in  order  to  complete  his  title  to  the  land  conveyed, 
sball  tile  with  the  said  clerk  of  arrears  an  affidavit  of  some  per- 
son residing  in  the  city  of  New  York,  who  shall  be  certified  as 
credible  by  the  officer  before  whom  cu<h  afiidavit  shall  be  taken, 
that  such  notice  was  duly  served,  specifying  tbe  time  of  service, 
I  he  mode  and  manner  of  service,  and  a  copy  of  such  notice  sball 
be  attached  thereto. 

§  04G.  If  the  said  comptroller  shall  be  satisfied  by  such  afii- 
davit that  the  ivotice  has  been  duly  served,  and  if  the  moneys 
required  to  be  paid  for  the  redemption  of  such  lands  or  tene- 
ments shall  not  have  been  paid  its  hereinbefore  provided,  he  shall, 
under  his  hand  and  seal,  certify  to  the  fact,  and  the  conveyance 
shall  thereupon  become  absolute,  and  the  owner  and  all  others 
interested  in  the  lands  or  tenements  shall  be  barred  of  all  right 
thereto  during  the  term  of  years  for  which  the  same  shall  havo 
been  conveyed. 

§  947.  The  owner,  occupant,  or  any  other  person  may,  at  any 
time  within  the  six  months  named  in  such  notice,  redeem  the 
said  lands  and  tenements  by  paying  such  purchase  money,  with 
the  addition  of  forty-two  per  cent,  thereon,  and  the  amount  that 
shall  have  been  paid  for  the  lease,  and  every  such  redemption 
shall  be  as  effectual  as  if  made  before  the  conveyance  of  the  lands 
or  tenements  sold. 

§#948.  The  rate  of  interest  allowed  by  law  to  the  purchaser  at 
the  time  of  redemption  on  the  amount  of  the  purchase  money, 
shall  be  reduced  to  fourteen  per  cent,  per  annum;  but  no  inter- 
est shall  be  calculated  on  a  less  portion  of  time  than  one  quarter 
of  a  year;  and  in  all  cases  where  the  property  shall  be  redeemed 
during  any  fractional  part  of  a  year,  the  interest  shall  be  calcu- 
lated so  as  to  include  the  quarter  in  which  such  redemption 
shall  be  made,  the  time  to  be  computed  from  the  day  of  sale. 


UKDKMITION  OK  I, AM)  SOLD  l'oli  T\XKs. 


g  949.  Upon  such  redemption,  as  provided  for  in  the  two  pre-  J:JJ»[*  V  , 

ceding  sections,  the  said  cleric  of  arrears  shall  give  to  the  person  certuioateof 

-i       -i       i  redemption, 
redeeming,  a  certificate  underlus  hand  and  seal,  stating  the  pay- 
ment, the  year  in  which  the  sale  was  made,  and  showing  what 
Iflnd .each  payment  is  intended  to  redeem,  and  such  certificate 
shall  he  evidence  of  such  redemption. 

^  950.  Whenever  any  certificate  given  by  the  clerk  of  arrears,  '?71-ch;*,,.*r. 
as  in  this  title  provided,  of  lands  sold  shall  be  lost,  the  said  comp- 
troller may  receive  evidence  of  such  loss,  and  on  satisfactory 
proof  of  the  fad  may  execute  and  deliver  a  lease  to  such  person  peiirenrof 

1  ••■.ii  rii        -ii    leMG  in  COHO  of 

or  persons  who  shall  appear  entitled  thereto  of  the  lands  and  toMofoertm- 
tenements  described  in  the  certificate,  and  may  also,  in  his  dis- 
cretion, require  a  bond  of  indemnity  to  the  mayor,  aldermen, 
and  commonalty.  All  and  each  certificate  shall  be  registered  in  *j$J3j2t£f 
the  record  of  sales  to  be  kept  in  the  bureau  of  said  clerk  of  arrears, 
and  no  transfer  of  such  certificate  shall  be  valid  until  registered 
in  said  book. 

§  951.  The  clerk  of  arrears,  upon  the  requisition  of  any  per-  ^cl,^£9'516' 
son,  shall  furnish  a  bill  of  all  arrears  of  taxes,  and  of  taxes  with  cierktofumiafa 
the"  regular  rents"  of  Croton  water  added  on  any  lot  or  lots,  or  taxes  when 
due  prior  to  the  first  of  June  then  last  passed;  and  of  assess-  reqne8 
ments  which  shall  have  been  due  twelve  months  or  over,  includ- 
ing the  amount  necessary  to  redeem  it  or  them,  if  it  or  they 
have  been  sold  for  any  arrears  of  assessments,  taxes,  or  regular 
rents  for  Croton  water,  and  bo  yet  redeemable;  and  upon  the 
payment  of  the  said  bill  (which  shall  be  called  a  "  bill  of  arrears,  ;  I)alv- M1 
of  assessments,  taxes,  'and  regular  rents'  for  Croton  water  and 
for  redemption")^  his  receipt  thereon,  which  shall  be  conclusive 
evidence  of  such  payment,  countersigned  by  the  comptroller, 
who  shall  cause  to  be  kept  a  duplicate  account  of  amounts  so 
collected,  or  the  certificate  of  the  clerk  of  arreais,  countersigned 
by  the  comptroller,  that  there  are  no  such  liens  on  said  lot  or  Lot  to  be  free 
lots,  shall  forever  free  the  said  lot  or  lots  from  all  liens  of  taxes,  taxes  on  jmy 

•it  i  ,,  ~  -i  -i    -i        r       ment  of  bill. 

or  for  taxes  with  the  regular  rents  of  Croton  water  added,  or  for 
regular  rents  for  Croton  water  added  to  the  taxes  prior  to  the 
first  of  June  then  last  passed,  and  for  all  assessments  due  thir- 
teen months  or  over,  prior  to  the  date  of  the  said  receipt  or  cer- 
tificate, and  from  all  liens  in  consequence  of  sales  for  assess- 
ments, taxes,  or  regular  rents  for  Croton  water,  or  for  all  of 
them  when  the  time  allowed  by  law  for  redemption  had  not  ex- 
pired at  the  date  or  time  of  said  payment  or  certificate. 

£  952.  Fees  for  the  searches  to  be  paid  into  the  city  treasury,  ml  sir, 
shall  be  included  in  the  bills  mentioned  in  the  preceding  section,  Fees  to  be 
and  shall  also  be  charged  for  certificates  which  shall  be  given  by  ^kMnfo°the 
said  clerk  of  arrears,  respecting  lots  on  which  there  may  be  no  c,,y  ,reasuiT- 


360 


BOARD  OF  STREET  OPENING. 


arrears  when  searchers  arc  required;  the  said  fees  to  be  regu- 
lated by  ordinance  of  the  common  council. 
i8Ti,ohjj»i,|8i,       £  Uo'.i.  Then;  shall  he  kept  in  the  oilier  of  the  clerk  of  arrears 

('(imp.  .V.i.  1 

R«cord of  tales  a  record  of  all  sales  made  for  taxes,  assessments,  and  Croton 
gmunentieKnd  water  rents,  which  record  shall  show  the  amount  of  the  tax,  the 

deuveryor"  assessment,  and  the  CYoton  water  rents,  a  description  of  the 
premises  sold,  the  date  of  the  Bale,  the  name  of  the  person  to 
whom  sold,  the  tenn  of  years  for  which  such  property  was  sold, 
time  of  the  delivery  of  the  lease,  to  whom  delivered,  and  when 
the  same  shall  expire. 

id.  is*.  §  954,  It  shall  be  the  duty  of  the  clerk  of  arrears  to  procure, 

p^bUcaUon?  preserve,  and  register  in  his  Office,  affidavits  Of  the  publication  of 
1 ;dl  the  notices  by  this  title  required  to  be  published,  and  such 

affidavits  shall  be  presumptive  proof  of  such  publication  in  all 

the  courts  of  this  State 

Title  o. — Opening  Streets,  Avenues,  and  Public  Places'. 

i873,ch.885.|io6,  §  955.  The  mayor,  comptroller,  commissioner  of  public 
Boardoftireet  w°rks»  the  president  of  the  department  of  public  parks,  and  the 
",m"'£f,\r.  president  of  the  board  of  aldermen,  shall  hereafter  together 
form  a  board  to  be  known  as  "  the  board  of  street  opening  and 
improvement ;"  they  shall  keep  full  records  of  its  proceedings, 
and  shall  have  all  the  powers  and  authority  as  to  laying  out, 
opening,  widening,  straightening,  extending,  altering,  and 
closing  streets  or  avenues,  or  parts  of  streets  or  avenues,  in  that 
part  of  the  city  of  New  York  south  of  Fifty-ninth  street,  which, 
on  April  thirtieth,  eighteen  hundred  and  seventy-three,  were  in 
any  manner  otherwise  conferred  and  vested,  or  which  relate  to 
altering  the  map  <»r  plan  of  said  city.  The  said  board  are  au- 
thorized and  empowered,  whenever  they  may  deem  it  for  pub- 
lic interest  so  to  do,  after  laying  its  proposed  action  before  the 
Notices  to  ia>  board  of  aldermen,  and  publishing  full  notice  of  the  same  for 
too°p"biisheus  ten  days  in  the  City  Record,  to  alter  the  map  or  plan  of  New 
York  city  so  as  to  lay  out  new  streets  in  said  part  of  said  city, 
and  from  time  to  time  to  cause  maps,  showing  the  several 
streets  or  avenues  so  laid  out,  opened,  widened,  straightened, 
extended,  altered,  or  closed  by  them,  to  be  certified  by  them  and 
tiled,  one  in  the  office  of  the  department  of  public  works  of  said 
city,  and  one  in  the  office  of  the  counsel  to  the  corporation  of 
said  city,  and  it  shall  be  the  duty  of  the  said  counsel  to  the  cor- 
poration, on  the  filing  of  said  maps  in  his  office,  together  with  a 
requisition  in  writing  of  said  hoard,  immediately  to  take  pro- 
ceedings, in  the  name  of  the  mayor,  aldermen,  and  common- 
alty of  said'eity,  to  acquire  title  for  the  use  of  the  public  to  the 
land  required  for  the  streets  or  avenues  so  laid  out,  opened, 


STKKKT  ()l'KM.N<i 


widened,  straightened,  cxtonded,  or  altered,  and  for  thai  pur- 
pose t  o  make  application  to  the  supreme  court  in  the  first  judicial 
district,  and.  in  such  manner  as  the  said  board  shall  direct,  for 
the  appointment  of  commissioners  of*  estimate  and  assessment, 
indicating  in  such  application  the  land  required  for  that  purpose 

by  reference  to  said  maps  on  file  as  aforesaid  :  and  the  proceed-  Proceediiunto 

.  .  .    acquire  title, 

mgs  to  acquire  title  to  such  lauds  shall  he  had  pursuant  to  such 

acts  as  shall  he  then  in  force  relative  to  the  opening,  straighten- 
ing, extending,  widening,  or  altering  streets,  roads,  avenues, 
and  public  squares  and  places  in  the  city  of  New  York,  which 
said  acts  aro  hereby  made  applicable  to  the  streets  and  avenues, 
or  parts  of  streets  and  avenues,  so  laid  out.  opened,  w  idened, 
straightened,  extended,  and  altered,  and  to  the  proceedings  au- 
thorized hereby.  A  majority  of  said  board  shall  constitute  a  ^3"n  "f 
quorum,  but  the  vote  of  a  majority  of  all  the  members  thereof 
shall  be  necessary  to  any  act  of  said  board. 

£  95G.  The  department  of  public  works  shall  have  and  nos-  'rir') .ch^w-ira, 

11    ii  i   e        \-  *         ,    ■  t  1  unamended 

sess  all  the  powers  and  functions  conferred  upon  the  mayor,  chjJ57-  5"- 
aldermen,  and  commonalty,  or  any  officer  or  department  of  said  Department  at 

•j.  l   a-       t     i.1        _  c    .        i  i  <■  ,    public  works  to 

city  m  relation  to  the  opening  of  streets,  avenues,  and  roads,  and  p°wew  certain 
public  places  above  Fifty-ninth  street,  except  in  the  Twenty-  '  "  ' 
third  and  Twenty-fourth  wards,  and  not  embraced  within  the 
limits  of  or  immediately  adjacent  to  any  park  or  public  place 
except  as  in  this  act  otherwise  provided. 

£  957.  The  department  of  public  parks  shall  have  the  exclu-  im,  eh.  ns, 
sive  power  to  locate  and  lay  out  all  public  parks,  streets,  roads,  i'^'^'w.'1''' 
and  avenues,  and  to  devise  plan's  for  and  locate  all  bridges  and  commwonS 
tunnels  within  the  Twenty-third  and  Twenty-fourth  wards,  and  ffift£?2 
the  said  department  of  public  parks  shall  have  exclusive  power  StaeefeSf*8" 
to  establish  the  widths  and  grades  of  all  such  streets,  roads,  and  SEteST"™- 
avenues,  so  located  and  laid  out,  except  as  to  such  streets,  roads, 
and  avenues  within  said  territory  as  are  laid  down  and  estab- 
lished by  the  commissioners  appointed  under  chapter  eight 
hundred  and  forty-one  of  the  laws  of  eighteen  hundred  and 
sixty-eight,  on  a  map  of  the  same,  filed  in  the  office  of  the 
register  of  the  county  of  Westchester,  on  the  twenty-third  day 
of  February,  eighteen  hundred  and  seventy-one,  which  streets 
anc]  avenues,  with  the  grades  and  lines  thereof  as  laid  down  on 
said  map,  are  hereby  confirmed  and  established,  except  so  far  as 
the  same  have  been  changed  or  modified  by  law,  subject,  how- 
ever, to  be  altered  by  said  department  of  public  parks  whenever 
it  may  deem  such  change  required,  and  also  except  that  the 
several  surveys,  maps,  plans,  and  profiles  of  streets,  roads  and 
avenues  that  shall  have  been  made,  laid  out,  filed,  or  adopted  by 
the  department  of  public  parks  within  the  said  wards,  under 
any  law  of  this  State  authorizing  the  same,  'are  hereby  con- 


STHKKT  OI'KNINt;. 


No  street  to  be 
constructed 
upon  depot  or 
station  ground 
of  rnllruad. 


1874,  ch.  00-t. 
Coinp.  1(W). 

Department  of 
parks  mny 

acquire  title. 


Assessment  for 
benefits. 


firmed  and  established,  subject  to  be  altered,  however,  in  the 
same  manner  as  is  provided,  as  to  the  survey  and  man  of  the 
town  of  Morrisania.  No  street  or  avenue  not  laid  out  before 
May  twenty-third,  eighteen  hundred  and  seventy-three,  shall  bo 
constructed  through  or  upon  the  depot  or  station  grounds  of  any 
railroad  or  branch  of  the  same,  then  operated  by  steam  within 
the  said  wards,  unless  with  the  consent  of  the  said  railroad 
company.  Jn  all  cases  where  proceedings  had,  prior  to  said 
date,  been  commenced  for  the  opening  of  any  streets,  roads,  or 
avenues  within  either  of  the  said  wards,  the  same  shall  be  con- 
tinued and  completed  under  the  direction  of  the  department  of 
public  parks  under  the  laws  then  in  force  in  said  wards  for  open 
ing  or  constructing  the  same.  All  proceedings  hereafter  to  be 
taken  by  the  department  of  public  parks  to  lay  out  any  publir 
parks,  to  devise  plans  for  and  locate  any  bridges  or  tunnels,  or 
to  locate  or  lay  out  any  streets,  sewers,  roads,  or  avenues  within 
either  of  said  wards,  shall  be  taken  and  prosecuted  by  the  de- 
partment of  public  parks.  The  said  department  shall  also  possess 
the  special  powers  provided  in  section  three  hundred  and  thirty 
nine. 

§  958.  The  department  of  public  parks,  for  and  in  behalf  of 
the  mayor,  aldermen,  and  commonalty  of  the  city  of  New  York, 
are  authorized  to  acquire  title  for  the  use  of  the  public,  to  all  or 
any  of  the  lands  required  for  the  streets,  avenues,  and  roads, 
public  squares  and  places  laid  out  by  thorn,  in  the  Twenty-third 
and  Twenty-fourth  wards  of  thasaid  city  of  New  York  or  ap- 
portion of  said  streets,  avenues,  roads,  public  squares  and 
places  in  the  said  Twenty-third  and  Twenty- fourth  wards  of 
said  cit}',  whenever  it  shall  deem  it  for  the  public  interests 
so  to  do ;  and  such  department  may,  for  that  purpose, 
make  application  to  the  supreme  court  in  the  first  judicial 
district  for  the  appointment  of  commissioners  of  estimate 
and  assessment,  specifying  in  such  application  the  lands 
required  for  that  purpose,  and  the  proceedings  to  acquire  title 
to  such  lands  shall  be  had  pursuant  to  such  acts  as  shall  then 
be  in  force  relative  to  the  opening  of  streets,  avenues,  roads,  and 
public  squares  and  places  in  the  city  of  New  York,  which  said 
acts,  so  far  as  the  same  are  not  inconsistent  with  the  provisions 
of  this  chapter,  are  hereby  made  applicable  to  the  streets, 
avenues,  roads,  public  squares  and  places  so  laid  out  or  to  be 
laid  out  by  said  department  of  public  parks,  in  the  same  manner 
and  to  the  same  extent  as  if  the  said  streets,  avenues,  roads, 
public  squares  and  places  had  been  originally  laid  down  as  and 
for  public  streets,  roads,  avenues,  squares  and  places  by  the  com- 
missioners appointed  in  and  by  the  act  entitled  "  an  act  relative 
to  improvements  touching  the  laying  out  of  streets  and  roads  in 


street  opening.  :;»».". 

the  city  Of  New  York,  and  for  other  purposes,"  passed  April 
third,  oiif  thousand  eight  hundred  ami  seven,  except  that  the 
said  commissioners  of  estimate  and  assessment  who  may  he 
appointed  as  herein  provided,  may  assess  for  such  opening  all 
BUCh  parties  and  persons,  lands  and  tenements,  as  they  may 
deom  to  he  benefited  hy  such  improvement,  to  the  extent  which 
said  commissioners  of  estimate   and   assessment  deem  such  Pro  Ung» 

lh«'P*for. 

parties,  persons,  lands  and  tenements  henetited  therehy,  pro- 
vided that  as  to  streets,  avenues,  or  roads  which  shall  he,  in  the 
opinion  of  the  said  commissioners  of  estimate  and  assessment, 
or  a  majority  of  them,  more  than  one  mile  in  length,  not  more 
than  one- half  of  the  amount  awarded  for  damages,  and  of  the 
expenses  attending  such  opening,  shall  he  so  assessed;  the 
amount  of  such  damages  and  expenses  not  so  assessed  being 
hereby  made  a  charge  upon  the  city  of  New  York,  to  be  paid  as 
hereinafter  provided.    The  moneys  collected  upon  the  assess- 
ment of  the  commissioners  of  estimate  and  assessment  shall  be 
paid  into  the  city  treasury.    No  compensation  shall  be  allowed  iotj,    om,  p, 
for  any  buildings,  erection,  or  construction  which  at  any  time  compensation 
subsequent  to  the  filing  of  the  maps,  plans,  or  profiles  mentioned  J™  buiuin ,-<-. 
in  section  six  hundred  and  seventy-two,  may  be  built,  erected, 
or  placed,  in  part  or  in  whole,  upon  or  through  any  street, 
avenues,  road,  public  square  or  place  exhibited  upon  such  maps, 
plans,  or  profiles.    The  damages  awarded  by  commissioners  of  ,,,  {0 
estimate  and  assessment,  shall  become. due  and  payable  imme-  Damages/when 

.  .  i  payable, 

diately  upon  the  confirmation  of  the  report  of  said  commissioners 

of  estimate  and  assessment. 

§  959.  The  department  of  public  parks  for  and  in  behalf  of  wi.ch.»i.ii©. 

the  mayor,  aldermen  and  commonaltv  of  the  city  of  New  York  Title  to  lands  iu 

:       .      ,  .  ,  1  ,     .  iTi  ^'ew  York  city, 

are  authorized  to  acquire  title  for  the  use  of  the  public  to  ap-  now  acquired, 
preaches  to  bridges  and  tunnels,  sites  or  lands  above  or  under 
water  for  bridges  and  tunnels,  and  sites  or  lands  above  or  under 
water  for  all  improvements  of  the  navigation  of  Harlem  river 
and  Spuyten  Duyvill  creek  that  may  be  laid  out  or  retained  by 
them  under  section  six  hundred  and  seventy-five,  whenever  it 
shall  deem  it  to  the  public  interest  so  to  do,  and  such  depart- 
ment shall  for  that  purpose  make  application  to  the  supreme 
court  in  the  first  judicial  district  for  the  appointment  of  commis- 
sioners of  estimate  and  assessment,  specifying  in  such  applica- 
tion lands  required  for  that  purpose  ;  and  such  proceedings  to 
acquire  titles  to  such  lands  shall  be  had  pursuant  to  such  acts  as 
shall  then  be  in  force  relative  to  the  opening  of  public  squares 
and  places,  streets,  avenues  and  roads  in  the  city  of  New  York, 
except  that  in  such  proceedings  the  department  of  public  parks 
shall  act  in  lieu  and  in  place  of  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New  York,  except  also  that  the  commis 


* 


364 


STREET  OPENING. 


sioners  of  estimate  and  assessment  who  may  be  appointed  as 
heroin  provided,  may  assess  for  such  openings  and  land  laid  out 
and  retained  all  such  parties  and  persons,  lands  and  tenements 
as  they  may  deem  to  he  benefited  by  such  improvements  to  the 
extent  which  such  commissioners  deem  such  poison-',  parties, 
lands,  and  tenements  benefited  thereby;  and  it  shall  he  the  duty 
of  the  counsel  to  the  corporation  to  perform  all  the  legal  services 
required  of  him  in  the  proceedings  authorized  hy  this  section 
without  any  additional  compensation  beyond  the  salary  and  al- 
lowances provided  by  law;  and  the  said  streets,  avenue-;  or  roads, 
,  i,',,is  approaches  to  bridges  and  tunnels,  sites  or  lands  above  or  under 
oto.!toremata  water  for  bridges  and  tunnels,  and  sites  or  lands  above  or  under 
|",rk,''i'.r)':!u''tf  water  for  all  improvements  of  navigation  of  Harlem  river  and 
Spuyten  Duyvil  creek,  as  shall  be  laid  out  or  retained  by  the 
department  of  public  parks,  as  aforesaid,  shall  immediately 
after  the  same  are  laid  out  and  opened  bo  and  remain  under  the 
control  and  management  of  the  department  of  public  parks,  as 
to  the  regulating,  grading  and  proper  construeting  and  main- 
taining the  same  and  all  the  works  pertaining  thereto. 
1881, ch.  mo.  <  000.  It  shall  bo  the  duty  of  the  counsel  to  the  corporation 

i  u-~  1 1 1  ..pen  ninl  and  the  proper  authorities  of  the  city,  to  take  all  necessary  legal 
Mnits! ' measures  to  open,  regulate  and  grade  such  parts  of  One  Hun- 
dred and  Twenty-sixth  street  and  One  Hundred  and  Twenty- 
seventh  street,  east  of  Second  avenue,  as  have  not  heretofore 
been  opened.  That  portion  of  section  nine  hundred  and  ninety 
which  allows  a  discontinuance  of  the  proceedings  on  the  objec- 
tion of  persons  representing  a  majority  in  amount  of  the  assess- 
ments and  awards,  shall  not  apply  to  such  proceedings.  All 
Motions  motions,  and  applications  for  the  appointment  of  commissioners 
in  said  proceedings,  may  be  made  at  any  special  term  of  the 
supreme  court  appointed  to  be  held  in  and  for  the  city  and  coun- 
ty of  New  York.  Upon  the  coming  in  and  confirmation  by  the 
said  court  of  the  report  of  the  commissioners  appointed  in  said 
proceedings  the  commissioner  of  public  works  shall  forthwith 
proceed  and  actually  open,  regulate  and  grade  said  streets. 
i88i.  ci».  469,  §  961.  The  corporation  counsel  and  the  department  or  board 

S§2,  4,  5.  . 

Lexington  «v.  having  the  direction  or  charge  of  opening  streets,  avenues,  pub- 
pxadedfetc.  lie  parks  or  places  in  the  city,  are  authorized  and  directed  to  take 
all  necessary  legal  measures  for  the  purpose  of  opening,  extend- 
ing, regulating  and  grading,  and  for  taking  and  acquiring  lands 
necessary  for  opening  and  extending  Lexington  avenue  from 
Ninety-seventh  to  Ninety-eighth  street,  and  from  Ninety-ninth 
to  One  Hundred  and  Second  street.  All  motions  and  applications 
for  the  appointment  of  commissioners  in  said  proceedings  may  be 
made  at  any  special  term  of  the  supreme  court  appointed  to  be 
held  in  and  for  the  city  and  county  of  New  York.    Upon  the 


Motions,  where 
to  be  made. 


STRKKT  Ol'KXIXO. 


Wend.  C7H- 


coinmg  in  and  continuation  l>y  t lie  court  ol  the  report  i»l  the  "hen eonunli 
commissioners  appointed  m  said  proceedings  the  commissioner  -'i-.-t 
of  public  works  shall  proceed  and  actually  open,  extend,  regu- 
late and  grade  said  avenue  hetween  said  streets. 

<j  1)62.  It  shall  he  the  duty  of  the  counsel  to  the  corporation  ,SH,-Ch  ,,28.l» 

*        .       .  .        .  .  Counsel  of  cor 

to  take  tlic  necessary  legal  means  and  proceedings  to  open  as  a  i^rntionu.tak.i 
street  the  extension  of  Manhattan  street,  from  Twelfth  avenue  Manimt" 

tiiii  slrvol 

westerly  to  the  established  bulkhead  line  in  the  I  ludson  river, 
and  all  the  laws  now  in  force  in  the  city  in  relation  to  the  open- 
ing and  improvement  of  streets  and  avenues,  and  the  payment 
and  the  assessment  of  the  expenses  thereof  shall  apply  to  said 
street ;  provided,  however,  that  the  commissioners  of  estimate 
and  assessment  who  may  he  appointed  in  pursuance  of  this  sec- 
tion, may  assess  for  such  opening  and  widening,  all  such  parties 
and  persons,  lands  and  tenements  which  they  may  deem  to  be 
benefited  by  such  improvement,  to  the  extent  which  said  com- 
missioners deem  such  parties,  persons,  lands  and  tenements 
benefited  thereby. 

§963.  Whenever  and  as  often  as  the  mayor,  aldermen,  and  W3.ch.86, 
commonalty  shall  be  desirous  to  open  any  street,  avenue,-square,  streeta,avenuea 
or  public  place,  or  any  particular  part  or  section  of  any  street  or  h^Moi?™' 
avenue  laid  out  by  the  commissioners  of  streets  .and  roads  in  the  ]n.  ]0 
city  of  New  York,  under  and  by  virtue  of  the  act  entitled  "an 
act  relative  to  improvements  touching  the  laying  out  of  streets 
and  roads  in  the  city  of  New  York,  and  for  other  purposes,'" 
passed  AprilJhird,  eighteen  hundred  and  seven,  and  also  when- 
ever and  as  often  as  so  many  proprietors  of  lands  fronting  on 
any  such  street,  avenue,  square,  or  public  place,  or  any  particu- 
lar part  or  section  of  any  such  street,  avenue,  square,  or  public 
place  as  shall  together  own  three-fourth  parts  of  all  the  lands 
fronting  on  such  street,  avenue,  square,  or  public  place,  or  on 
such  part  or  section  of  any  such  street,  avenue,  square,  or  pub- 
lic place,  shall  by  petition  desire  the  said  mayor,  aldermen,  and 
commonalty  to  open  any  such  street,  avenue,  square,  or  public 
place,  or  any  such  particular  part  or  sect  ion  of  any  such  street,  ave- 
nue, square,  or  public  place,  and  the  said  mayor,  aldermen,  and 
commonalty  shall  deem  the  opening  thereof  to  be  necessary  or 
useful,  it  shall  be  lawful  for  the  said  mayor,  aldermen,  and 
commonalty  to  cause  the  same  to  be  opened,  and  the  lands,  tene- 
ments, and  hereditaments  that  may  be  required  for  the  purpose 
of  opening  the  same  may  be  taken  for  that  purpose,  and  com- 
pensation and  recompense  made  to  the  parties  and  persons,  if 
any  such  there  shall  be,  to  whom  the  loss  and  damage  thereby 
shall  be  deemed  to  exceed  the  benefit  and  advantage  thereof,  for 
the  excess  of  the  damage  over  and  above  the  value  of  the  said 
benefit,  in  the  manner  hereinafter  for  that  purpose  diiected  and 


:',i;c 


HTliEET  OPENING. 


prescribed:  ;ui<l  whenever  and  as  often  also  as  it  shall,  in  the  opin- 
ion of  the  said  mayor,  aldermen,  and  commonalty,  he  necessary 
or  desirable  for  the  public  convenience  or  health  to  lay  out,  form, 
and  open  any  street  or  streets,  or  public  square,  or  place  or 
places,  in  any  part  of  the  said  city,  not  laid  out  into  streets,  ave- 
nues, squares,  and  public  places  by  the  commissioners  of  streets 
and  roads  in  the  city  of  New  York,  under  and  by  virtue  of  tin- 
act  aforesaid,  or  to  extend,  enlarge,  straighten,  alter,  or  other- 
wise improve  any  street  or  streets,  or  part  of  a  street,  or  public 
place  or  places,  already  laid  out  or  hereafter  to  be  laid  out,  and 

Com^riw!8'  formed  or  opened  in  any  pari  of  the  said  city  not  laid  out  into 
streets,  avenues,  squares,  and  public  places  by  the  commissioners 
aforesaid,  it  shall  be  lawful  for  the  said  mayor,  aldermen,  and 
commonalty  of  the  city  of  New  York  to  order  and  direct  the 
same  to  be  done,  and  to  cause  the  same  to  be  done  accordingly 
in  such  manneras  they  shall  think  most  advisable,  subject  to  the 
provisions  of  this  title,  notwithstanding  it  may  become  neces- 
sary for  that  purpose  to  remove  any  building  or  buildings,  or  to 
take  any  lands,  tenements,  hereditaments,  or  premises  whatso- 
ever. And  if  the  said  mayor,  aldermen,  and  commonalty  shall 
require  any  lands,  tenements,  hereditaments,  or  premises  of  any 
person  or  persons,  or  body  politic  or  corporate,  for  any  such  pur- 
pose, the  same  may  be  taken  and  appropriated  to  such  use,  and 
compensation  and  recompense  made  to  the  parties  and  persons 
respectively,  if  any  such  there  shall  be,  to  whom  the  loss  and 
damage  thereby  shall  be  deemed  to  exceed  the  benefit  and  ad- 
vantage thereof,  for  the  excess  of  the  said  damage  above  the 
said  benefit,  in  the  manner  for  that  purpose  hereinafter  men- 
tioned and  provided. 

ism.  oii.s.-..  §i7(?.       8  9C4.  Whenever  and  as  often  as  any  lands,  tenements, 

Com]).  017.  .  . 

On  application  hereditaments,  or  premises  whatsoever  shall  be  required  for  the 

of  corporation,        •  -i  c  •  1      ' " 1  i«  i  j. 

supreme  court  said  purpose  of  opening  any  such  public  square,  place,  street,  or 

to  appoint  three  .  ..  -         .        ■  .  •  ^  -a 

commissioners  avenue,  or  part  or  section  of  a  street  or  avenue,  in  the  said  city 
damages,  etc.    of  New  York,  laid  out  by  the  commissioners  aforesaid,  under 
Hui,  175^6  Abb.  and  by  virtue  of  the  act  in  the  last  section  mentioned,  so  to  be 
wA.t.406;  '  opened,  or  for  the  said  purposes  of  laying  out  and  forming  or 
w wend,  ere?    extending,  enlarging,  straightening,  altering,  or  otherwise  im- 
is  Ai.b.  io7.  '    proving  any  street  or  public  place,  so  to  be  laid  out  and  formed 
or    opened,   or  so  to  be  extended,   enlarged,  straightened, 
altered,   or   otherwise  improved,   in  any  part  of  the  said 
city*  not  laid  out  into  streets,  avenues,  squares,  and  public- 
places,  by  the  commissioners  aforesaid,  under  the  act  aforesaidj 
or   for  any  or  either  of   the   said    purposes,   it  shall  be 
lawful  for    the   said    mayor,    aldermen,    and  commonalty 
to  make  application  or  to  cause  application  to  be  made  to  the 
supreme  court  of  this  State  for  the  appointment  of  commis- 


APPOJNTMKNT  OP  ( '<  >M  MISSlONPKS  OP  STUKKT  OPKMNO.  '.'An 


sioners  ;  and  it  shall  be  lawful  for  the  said  court  to  whom  such 
application  shall  ho  made  on  any  Mich  application  to  nominate 
and  appoint  three  discreet  and   disinterested   persons,  being 
citizens  of  the  United  States,  commissioners  of  estimate  and 
assessment,  for  the  purpose  of  performing  the  duties  hereinafter  i^o.ch  wv.fi 
in  that  behalf  prescribed.    Streets  or  avenues,  or  portions  there 
of,  which  are  continuations  of  each  other  in  the  same  general 
direction,  and  no  others,  may  be  embraced  in  the  same  proceed- 
ing for  the  opening  thereof,  but  the  provisions  of  section  three  iw«,ch.^ia,|«, 
hundred  and  forty-one  of  this  act  shall  apply  to  all  proceedings 
to  open  any  street,  avenue  or  road  therein  referred  to. 

,i  [«>;>.  The  commissioners  of  estimate  and  assessment  shall  be  i*».chja»,j8, 

°  (  ulll|).  030. 

appointed  as  follows:  The  mayor,  aldermen,  and  commonalty  CcimnilssioiiPis. 
of  the  said  city  shall  give  notice,  by  advertisement  to  be  cau"1'.™. 
published  in  the  City  Record  or.  when  authorized  pursuant 
to  section  sixty-six  of  this  act,  in  at  least  four  of  the 
public  newspapers  printed  in  the  said  city,  of  their 
intention  to  make1  application  to  the  said  court  for  the 
appointment  of  such  commissioners,  which  notice  shall  specify 
the  time  and  place  of  such  application,  and  the  nature  and 
extent  of  the  intended  improvement,  and  shall  be  so  published 
for  and  during  the  space  of  twenty  days  previous  to  the  said  ap- 
pointment; and  they  shall,  in  addition  to  the  said  advertisement, 
cause  copies  of  the  same  in  handbills  to  be  posted  up  for  the 
same  space  of  time,  in  three  conspicuous  places  adjacent  to  the 
property  to  be  affected  by  the  intended  improvement.  At  the 
time  thus  specified  the  mayor,  aldermen,  and  commonalty  shall 
nominate  three  discreet  and  disinterested  persons  to  said  court, 
of  whom  they  shall  designate  one,  who  shall  be  appointed.  Any 
person  who  may  be  interested  in  the  property  which  will  be 
affected  by  the  intended  improvement  (which  interest  for  this 
purpose  shall  be  decided  by  his  own  affidavit,  stating  the  nature 
and  extent  of  such  interest),  may  present  to  the  court  the  name 
of  one  or  more  persons,  which  names  shall  form  a  list,  out  of 
which,  if  a  majority  in  interest  of  the  persons  so  interested  shall 
agree  upon  the  name  of  one  person,  that  person  shall  be  ap- 
pointed ;  but  if  a  majority  shall  not  agree  upon  one  person,  then 
the  court  shall  appoint  one  person  out  of  the  names  in  such  list; 
after  which,  the  said  court  shall  appoint  a  third  person,  out  of 
the  names  so  presented  by  the  mayor,  aldermen,  and  common- 
alty and  by  the  parties  interested;  all  of  which  persons  so  nom- 
inated shall  be  subject  to  the  right  of  challenge  on  the  ground 
of  interest,  incapacity,  or  disqualification,  to  be  exercised  by  the 
said  mayor,  aldermen,  and  commonalty,  or  by  any  person  hav- 
ing an  interest  in  the  said  matter:  and  if  any  of  them  be  rejected 


oCft     APPOINTMENT  OF  COMMISSIONERS  OF  STREET  OPENINO. 


for  good  cause,  or  refuse  to  serve,  then  another  shall  be  nomin- 
ated in  his  stead  l>y  the  same  party. 
lHia.ch ,m,|187,      §  !><',);.  In  case  of  the  death,  resignation,  or  refusal  to  act  of 
vacancy  in      any  such  commissioner  of  estimate  and  assessment,  to  he  ap- 
m2wioner°how  pointed  under  and  by  virtue  of  this  title  for  any  such  aforesaid 
purpose,  it  shall  and  may  be  lawful  for  the  court  aforesaid,  or 
any  one  of  the  justices  thereof,  on  tin.*  application  of  the  mayor, 
aldermen,  and  commonalty, -as  often  as  such  event  shall  happen, 
to  appoint  a  discreet  and  disinterested  person,  being  a  citizen  of 
the  United  States,  in  the  place  and  stead  of  such  commissioner 
so  dying,  resigning,  or  refusing  to  act,  and  the  surviving  or  act- 
ing commissioners,  as  the  case  may  he,  shall  have  full  power  to 
proceed  in  the  execution  of  the  duties  of  their  appointment,  until 
a  successor  of  the  commissioner  so  dying,  resigning,  or  refusing 
to  act  shall  be  appointed. 
IMS, ch.8«, lies,       vj  Ih'>7.  In  all  and  every  case  of  the  appointment  of  commis- 
Any 'tiro        sioners  by  the  court  aforesaid,  for  any  of  the  purposes  aforesaid, 
nuiyact        it  shall  be  competent  and  lawful  for  any  two  of  such  said  com- 
missioners so  to  he  appointed,  to  proceed  to  and  execute  and 
perform  the  trusts  and  duties  of  their  said  appointment,  and 
their  acts  shall  be  as  valid  and  effectual  as  the  acts  of  all  the 
commissiouers  so  to  be  appointed  for  such  said  purpose  if  they 
had  acted  therein  would  have  been.    In  all  cases  the  acts,  de- 
cisions, and  proceedings  of  the  major  part  of  such  of  the  com- 
missioners to  be  appointed  for  any  of  the  purposes  aforesaid  as 
shall  be  acting  in  the  premises,  shall  always  be  as  binding,  valid, 
and  effectual  as  if  the  said  commissioners  named  and  appointed 
for  such  purpose  had  all  concurred  and  joined  therein. 
i«8,ch.88,siTe,       §  968.  The  said  commissioners,  before  they  enter  upon  the 
performance  of  the  duties  of  their  appointment,  shall  severally 
take  and  subscribe  an  oath  or  affirmation,  before  some  person 
authorized  bylaw  to  administer  oaths,  "faithfully  to  perform 
the  trust  and  duties  required  of  them  by  this  title,"  which  oath 
or  affirmation  shall  be  filed  in  the  clerk's  office  Of  the  city  of 
New  York.  % 
1813, ch.86. sirs,       §  969.  It  shall  be  the  duty  of  the  said  commissioners  to  view 
iiu"v  of  com-    the  lands,  tenements,  hereditaments,  and  premises  so  required 
missioners.      for  f  ]ie  purpose  of  opening  the  said  public  square  or  place,  street, 
avenue,  or  part  or  section  of  a  street  or  avenue  so  to  be  opened, 
or  for  the  purpose  of  laying  out  and  forming  the  street  or  streets, 
or  public  place  so  to  be  laid  out  or  formed,  or  for  the  purpose  of 
extending,  enlarging,  straightening,  altering,  or  otherwise  im- 
proving the  street  or  public  place  so  to  be  extended,  enlarged 
straightened,  altered,  or  otherwise  improved  as  the  case  may  be, 
and  the  lands,  tenements,  hereditaments  and  premises,  on  each 


APPOINTMENT  OF  OOmOSSlONKKS  OF  STKKKT  OI'KNINfi.  300 


side  of  the  same,  half  way  to  the  next  street  or  avenue  thereto, 
if  they  shall  deem  such  view  to  he  necessary  or  useful. 

S  :'7i».  They  shall  then  proceed  to  and  make  a  just  and  equi    lau, ehJMin, 
tahle  estunateand  assessinenl  ol  the  loss  anil  damage,  it  any.  over  ^tunateaf 
and  ahove  the  henetit  ami  advantage,  or  of  the  benefit  and  ad-  il"1," m" aiMl 
vantage,  if  anv,  over  and  ahove  the  loss  and  damage,  as  the  case  lii  HaX'  i.v!." 
niav  he,  to  tin1  respective  owners,  lessees,  parties,  and  persons  v,  w,.,..i  >■> 
respectively,  entitled  unto  or  interested  in  the  lands,  tenements, 
hereditaments,  and  premises  so  required  lor  the  purpose,  by  and 
in  consequence  of  opening  such  public  square  or  place,  street, 
avenue,  or  part  or  section  of  a  street  or  avenue  so  to  ho  opened, 
or  by  and  in  consequence  of  laying  out  and  forming  such 
puhlie  street  or  place,  so  to  ho  laid  out  and  formed  or  by 
and  in  consequence  of  extending,  enlarging,  or  otherwise  im- 
proving the  street  or  puhlie  place  SO  to  be  extended,  enlarged, 
or  otherwise  improved,  as  the  cast"  may  he.  and  a  just  and  equi- 
table estimate  and  assessment  also  of  the  value  of  the  benefit  and 
advantage  of  such  said  public  square  <>r  place,  street,  avenue, 
or  part  or  section  of  a  street  or  avenue  so  to  be  opened,  or  such 
street  or  puhlie  place  so  to  bo  laid  out  and  formed,  or  of  such 
extension,  enlargement,  or  other  improvement  of  the  street  or 
puhlie  place  so  to  he  extended,  enlarged,  or  otherwise  improved, 
as  the  case  may  he.  to  the  respective  owners,  lessees,  parties, 
ami  persons  respectively,  entitled  unto  or  interested  in,  the  said 
respective  lands,  tenements,  hereditaments,  an:l  premises  not 
required  for  the  purpose  of  opening,  laying  out,  and  forming  or 

extending,  enlarging,  or  otherwise  improving  the  same.    When-  >*"'•  <•>> 

e"      .     &    °'  »  Comp.  kh. 

ever  the  commissioners  are  appointed  for  the  purpose  of  opening  wBarb.  ice 
any  street  or  avenue,  or  any  part  or  section  of  any  street  or 
avenue,  laid  out  by  the  commissioners  of  streets  and  roads  in  the 
city  of  New  York,  under  and  by  virtue  of  the  act  entitled  "an 
act  relative  to  improvements  touching  the  laying  out  of  streets 
and  roads  in  tlic  city  of  New  York,  and  for  other  purposes," 
passed  April  third,  eighteen  hundred  and  seven,  or  for  the  pur- 
pose of  opening,  extending,  enlarging,  straightening,  altering, 
or  otherwise  improving  any  street,  or  part  of  a  street,  or  public 
place,  in  that  part  of  the  said  city  not  laid  out  into  streets,  ave- 
nues, squares,  and  puhlie  places  by  the  commissioners  aforesaid, 
the  said  commissioners  of  estimate  and  assessment  shall  not,  in  .....  , 

»        Emunue  and 

making  their  estimate  and  assessment  of  the  value  of  the  benefit  |£wrSSftands 
and  advantage  of  the  said  operation,  be  confined  to  any  definite  '"'n0"16"3- 
limits,  but  shall  he  and  hereby  are  authorized  to  extend  such 
estimate  and  assessment  to  any  and  all  such  lands,  tenements, 
hereditaments,  and  premises  as  they  may  deem  to  he  benefited  by 
the  said  operation,  and  which  they  may  judge  expedient  to  in- 
clude in  their  report  in  the  premises;  provided,  that  in  all  and  rroTiso. 


370       APPOINTMENT  OF  COMMISSION KliM  OF  STREET  Ol'ENlNC. 

every  case  of  opening  any  street  or  avenue,  or  part  or  section  oi 
any  street  or  avenue,  laid  out  by  the  aforesaid  commissioners  of 
oSbm'SS^'  ^reefo  ;U1^  roads  north  of  Fifty-ninth  street,  the  said  commision- 
ers  of  estimate  and  assessment  shall  not  he  at  liberty  to  extend 
such  estimate  and  assessment  of  the  value  of  the  benefit  and 
advantage  thereof  to  any  lands,  tenements,  hereditaments,  or 
premises  lying  on  either  side  of  such  street  or  avenue,  and  be- 
yond half  the  distance  of  the  next  street  or  avenue  thereto. 
Bui  the  commissioners  who  maybe  appointed  for  acquiring  title 
to  any  land  south  of  Fifty-ninth  street,  for  the  purposes  of  this 
section,  may  assess  therefor  all  such  lands  and  tenements  as  they 
may  deem  to  be  benefited  by  such  improvement,  and  to  the  ex- 
tent and  amount  which  they  may  deem  such  lands  and  tene- 
j«ho.  ci.. :.;(..     ments  benefited  thereby;  and  provided  further  that,  in  case  of 
the  opening  of  any  street  or  avenue,  or  portions  of  any  street  or 
avenue  in  said  city,  where  the  street  or  avenue,  or  portions 
thereof,  sought  to  be  opened  shall  have  been  laid  down  and 
shown  upon  any  general  map  or  plan  made  and  filed  in  pursu- 
ance with  any  law  of  the  State  of  New  York,  relative  to  the 
mapping  and  planning  of  streets  and  avenues  in  said  city,  where 
no  buildings  for  which  compensation  can  lawfully  be  made  shall 
be  taken,  the  assessment  district  shall  not  extend  beyond  the 
centre  line  of  the  blocks  adjacent  thereto,  nor  beyond  the  ends 
<>f  the  street  or  avenue,  or  portions  thereof,  sought  to  be  opened. 
1880, oh. 679, §8.       §971.  The  owners  of  land  and  of  all  the  estate  therein  em- 
convey attheir  braced  within  the  lines  of  any  street  or  avenue  laid  down  and 
inmis fm-"fn.m  shown  on  any  such  general  map  or  plan,  and  comprising  all  the 
etc.  land  within  said  lines  in  an  entire  block  in  extent,  may,  with- 

out compensation,  and  at  their  own  expense,  convey  all  their 
right,  title,  and  interest  therein,  providing  the  same  shall  be  free 
from  incumbrance,  to  the  mayor,  aldermen,  and  commonalty  of 
the  city  of  New  York,  and  upon  the  delivery  of  such  convey- 
ances to  the  counsel  to  the  corporation  of  said  city,  with  the 
money  necessary  to  record  such  conveyances,  and  affidavits 
made  by  all  such  owners  to  the  effect  that  the  persons  making 
them  are  the  owners  of  the  estates  in  such  lands  so  conveyed  by 
them  respectively,  and  stating  their  interests,  and  that  such  es- 
tates in  such  lands  are  free  of  all  incumbrances,  together  with 
abstracts  of  title,  if  desired  by  such  counsel  to  the  corporation, 
rrnty  of  counsel  ^  ^a\\  l)e  the  duty  of  such  counsel  to  the  corporation  to  exam- 
^i^rat.on  ine  such  conveyances  and  papers,  and  if  such  titles  shall  not  be 
rejected  for  good  cause,  by  such  counsel,  he  shall  cause  the  said 
conveyances  to  be  recorded  in  the  office  of  the  register  of  *the 
city  and  county  of  New  York,  within  sixty  days  after  their  deliv- 
ery to  him,  and  file  them  with  the  comptroller  of  such  city,  and 
thereupon  the  said  the  mayor,  aldermen  and  commonalty  of  the 


COMMISSIONERS  OP  STREET  OPENING 


city  of  New  York  shall  become  rested  with  the  title  to  said 
hinds  to  the  saint'  effect  and  extent  as  if  they  had  been  acquired 
by  a  proceeding  taken  for  the  opening  of  (bat  portion  of  said  Art.-r 
Street  Of  avenue  :  alter  the  making  and  acceptance  of  such  con-  v"^u",kh'u' 
veyances,  no  proceedings  to  open  the  lands  so  conveyed  sball  be  S« l*k?nt.ltl" to 
taken  or  maintained,  nor  shall  the  lands  fronting  on  that  por- 
tion of  the  Street  pr  avenue  BO  Conveyed,  and  extending  to  the 
centre  of  tbe  block  on  either  side  of  sucb  portion  of  said  street 
or  avenue  so  conveyod,  be  chargeable  with  any  portion  of  tbe 
expenses  of  opening  tbe  residue  or  any  portion  of  tbe  residue 
of  sucb  street  or  avenue,  except  tbe  due  and  fair  proportion  of 
tbe  awards  tbat  may  be  made  for  buildings  as  aforesaid. 

$  1»72.  If,  at  any  time  after  the  tiling  of  tbe  maps  showing  cKW7.fr, 
the  laying  out  of  streets,  avenues,  roads  and  public  squares  and  subdivision  of 
placed,  by  the  department  of  public  parks,  the  owner  or  owners  own«*c-'b5 
of  any  plot  of  land  bounded  on  all  sides  by  streets,  avenues,  or 
roads,  arid  not  laid  out  as  and  for  a  public  square  or  place  shall 
desire  to  subdivide  -neb  plot  and  give  public  right  of  way  into  or 
through  such  plot,  be,  she  or  they  may  do  so,  by  submitting 
two  maps,  plans  or  surveys  of  such  plot  and  of  such  proposed 
right  of  way,  showing  the  width  which  shall  not  be  less  than 
thirty  feet,  and  the  location,  extent  and  direction  of  the  same, 
and  the  proposed  grade  therefor,  to  the  department  of  public 
parks  for  approval;  and  if  the  same  shall  be  approved  by  said 
department,  and  the  owner  or  owners  aforesaid  shall  immedi- 
ately thereafter  convey,  in  such  form  as  shall  be  approved  by 
said  department,  the  title  to  the  land  required  for  such  right  of 
way,  free  and  clear  from  all  incumbrances,  unto  the  mayor,  al- 
dermen and  commonalty  of  the  city  of  New  York,  in  trust,  as 
and  for  a  public  street,  road  or  avenue,  the  same  shall  from  that 
time  be  and  become  an  opened  public  street,  road,  or  avenue,  the 
same  as  if  it  had  been  laid  out  and  opened  as  other  streets,  roads, 
or  avenues  are  or  ought  to  be;  and  the  maps,  plans  or  surveys 
thereof  and  of  the  grades  therefor,  shall  immediately  thereafter 
be  certified  by  one  of  the  officers  of  the  department  of  public  parks 
to  be  designated  for  such  purpose,  and  one  of  such  maps  showing 
the  width,  extent  and  location  of  the  streets,  avenues,  roads,  pub- 
lic squares  and  places  so  laid  out  and  established,  and  one  of  said 
maps  showing  the  grades  so  amended  or  established,  shall  be 
filed  in  and  remain  of  record,  in  the  office  of  the  department  of 
public  works,  and  the  others  shall  remain  of  record  in  the  office 
of  the  department  of  public  parks. 

§  973.  Whenever  aud  as  often  as  commissioners  may  be  ap-  «jw,ciijMa,|i, 
pointed  for  the  purpose  of  opening  any  or  either  of  the  public  Powers  of  the 
squares  or  places  (other  than  and  except  the  streets  and  avenues)  of  estimate  and 
laid  out  by  the  commissioners  of  streets  and  roads  in  the  city  of  extended. 
New  York,  under  and  by  virtue  of  the  act  entitled  "an  act  relative 


STKKKT  OI'KNINO. 


to  improvements  touching  the  laying  out  < jI  streets  and  roads  in 
the  city  of  New  York,  and  for  other  purposes,"  passed  April 
third,  eighteen  hundred  and  seven,  n  any  01  either  of  the  said 
puhlic  squares  or  plan  s,  as  altered  by  tin.-  legislature,  the  said 
commissioners  of  estimate  and  assessment  shall  not,  in  making 
their  estimate  and  assessment  of  the  value  of  the  benefit  and  ad- 
vantage of  such  puhlic  square  or  place,  he  confined  to  the  lands, 
tenements,  hereditaments,  and  premises  flouting  thereon  and 
lying  within  half  the  distance  of  the  next  street  or  avenue  there 
to  from  the  same  on  each  side  thereof,  but  on  the  contrary  thereof, 
after  having  made  their  estimate  and  assessment  of  the  loss  and 
damage  over  and  above  the  benefit  and  advantage,and  of  the  ben- 
efit and  advantge  over  and  above  the  loss  and  damage,  and  of  the 
equality  of  the  benefit  and  advantage  to  the  loss  and  damage  as 
the  case  may  he,  to  the  respective  owners,  lessees,  parties,  and 
persons  respectively  entitled  unto  or  interested  in  the^ands,  ten- 
ements, hereditaments,  and  premises  so  required  for  the  purpose 
by  and  in  consequence  of  opening  such  public  square  or  place, 
the  said  commissioners  shall  proceed  to  make  a  just  and  equita- 
ble  estimate  and  assessment  of  the  valu^of  the  benefit  and  ad- 
vantage of  such  puhlic  square  or  place  so  to  be  opened  by  the 
respective  owners,  lessees,  parties,  and  persons  respectively  enti- 
tled unto  or  interested  in  the  lands,  tenements,  hereditaments, 
and  premises  lying  out  of  the  limits  of  such  public  square  or 
place,  and  which  the  said  commissioners  may  deem  to  be  bene- 
fited by  such  public  square  or  place  in  respect  to  the  respective 
estates  and  interest  of  such  owners,  lessees,  parties  and  persons 
respectively  so  entitled  to  or  interested  in  such  said  lands,  tene- 
ments, hereditaments,  and  premises  so  deemed  benefited  thereby, 
and  the  said  commissioners  shall  and  may  extend  their  said  as- 
sessments to  any  such  lands,  tenements,  hereditaments,  and 
premises  as  they  may  deem  to  be  benefited  by  the  opening  of  the 
said  public  square  or  place,  notwithstanding  such  said  lands, 
tenements,  hereditaments,  and  premises  may  be  situated  with- 
out and  beyond  half  the  distance  of  the  next  street  or  avenue 
thereto  from  such  said  public  square  or  place  on  any  side 
thereof. 

1862.  Ch.  *s?.  §1.  §  974.  The  commissioners  appointed  in  pursuance  of  this  title 
Limit  of  °  shall  complete  said  proceeding  on  their  part  within  four  months 
appointment.    frQm  the  time  of  fcheij.  app0intment<  unless  further  time  shall  be 

allowed  by  the  supreme  court. 
1839,  ch.  209.  p.      §  975.  It  shall  be  the  duty  of  the  said  commissioners  in  all 
comp.64o.       cases  to  report  fullv  and  separately  to  the  sa'd  court  the  amount 

Report  of  com-  r  j  r 

missioned.      Gf  ioss  aua*  damage,  and  of  benefit  and  advantage  to  each  and 
every  owner,  lessee,  party,  and  person  entitled  unto  or  interested 


l'liOCKKDlNfiS  HKFOKK  COMMISSIOXEHS. 


373 


M  How.  i>>. 


in  any  lands,  tenements,  hereditament  «>r  premises,  so  required 
for  the  purpose  of  any  such  operation  or  improvement. 

«> T« »  In  all  eases,  where  anv  ow  ner  Or  OWUerS.  lessee  or  l818,oh.88,|l7B, 
lessees,  partv  OT  person  Or  persons  who  may  be  interested  in  or  it,.porttnin 
entitled  unto  any  lands,  tenements,  hereditaments,  or  premises,  benefited.' 
not  included  within  the  limits  of  such  public  square  or  place, 
street,  avenue,  or  part  or  section  of  a  street  or  avenue  so  to  be 
opened,  or  such  street  or  public  place  so  to  be  laid  out  and 
formed  or  extended,  enlarged,  or  otherwise  improved,  or  being 
within  the  limits  or  district  to  which  the  said  commissioners  are, 
by  the  preceding  sections,  allowed  to  extend  their  assessment, 
will,  in  the  opinion  of  the  said  commissioners,  be  benefitted  by 
Opening,  laying  out,  and  forming  or  extending,  enlarging  or 
otherwise  improving  the  same,  as  the  case  may  he,  it  shall  he 
the  duty  of  the  said  commissioners  to  estimate,  assess  and  report 
the  value  of  such  benefit  to  such  owner  or  owners,  lessee  or 
lessees,  parties,  and  persons  respectively,  in  respect  to  the  said 
lands,  tenements,  hereditaments,  and  premises  wherein  he.  she 
or  they  may  respectively  be  so  interested. 

077.  It  shall  not  he  lawful  for  the  said  commissioners  of  i-m.".,.-!..*;.  $i;« 

>  .  •  i  r>  Comp.  tiii. 

estimate  and  assessment,  to  he  appointed  under  and  by  virtue  01  sSK.Y.soe, 
this  title,  to  allow  any  sum  or  compensation  whatsoever  for  any 
building  or  buildings  which  at  any  time  subsequently  to  the 
filing  of  the  maps  mentioned  in  the  fifth  section  of  chapter  one 
hundred  and  fifteen  of  the  laws  of  eighteen  hundred  and  seven, 
may  have  been  built,  placed,  or  erected,  or  which  at  any  time 
hereafter  may  be  built,  placed,  or  erected  in  part  or  in  whole,  on 
any  such  street,  avenue,  public  square,  or  place  laid  out  by  the 
said  commissioners  of  streets  and  roads,  under  and  by  virtue  of 
the  said  last-mentioned  act;  but  compensation  and  recompense 
shall  be  made  to  the  owners  thereof,  and  parties  interested 
therein,  for  all  buildings  and  improvements  erected,  placed,  or 
made,  wholly  or  in  part,  upon  any  part  of  any  such  street,  ave- 
nue, square,  or  public  place,  so  to  be  opened,  at  any  time  before 
the  time  of  the  filing  of  the  maps  aforesaid.  It  shall  be  lawful 
for  the  said  commissioners  of  estimate  and  assessment,  if  they 
shall  deem  it  just  and  equitable  under  the  circumstances  to  do 
so,  but  not  otherwise,  to  assess  any  part  not  exceeding  one-third 
part  of  the  estimated  value  of  any  such  builtling  or  buildings, 
but  not  of  any  other  improvement,  upon  the  said  mayor,  alder- 
men, and  commonalty  of  the  city  of  New  York.  If  it  should 
become  necessary  for  the  purpose  of  laying  out  and  forming  or  $ ^vLue^f ' 
extending,  enlarging,  or  otherwise  improving  any  street  or  ^nao^iou. 
public  place  in  any  part  of  the  said  city,  not  laid  out  into  streets, 
avenues,  squares,  and  public  places  by  the  said  commissioners 
of  streets  and  roads  in  the  city  of  New  York,  under  and  by 


Conimissionpr* 


374 


STREET  OPENING. 


virtue  of  the  said  last-mentioned  act,  to  remove  any  building 
or  buildings,  it  shall  and  may  be  lawful  to  and  for  the  Mud  com- 
.missioners  of  estimate  and  assessment  at  their  discretion,  if  tlx  ij 
shall  deem  it  equitable  and  just  to  do  so,  but  not  otherwise,  to 
assess  any  part  not  exceeding  one-third  part  of  the  estim.iied 
value  of  such  building  or  buildings  upon  the  said  mayor,  alder- 
men, and  commonalty  of  the  city  of  New  York. 
compVf ' |l'  '  *  97«.  It  shall  be  the  duty  of  the  commissioners  in  each  case 
appointed,  to  perforin  the  duties  relative  to  the  opening,  ex- 
tending, enlarging,  straightening,  altering,  <>r  otherwise  improv- 
ing any  street  or  streets,  or  part  of  a  street,  or  public  place  or 
places,  in  any  part  of  the  said  city,  not  laid  out  into  streets, 
avenues,  squares,  and  public  places,  by  the  commissioners  of 
streets  and  roads  in  the  said  city,  under  and  by  virtue  of  the  act 
entitled  '"an  act  relative  to  improvements  touching  the  laying 
out  of  streets  and  roads  in  the  city  of  New  York,  and  for  other 
purposes,"  passed  April  third,  eighteen  bundled  and  seven,  be- 
fore the  completion  of  their  estimate  and  assessments  in  the 
premiseSf  to  obtain  from  the  corporation  of  the  city  of  New 
York  a  profile  or  plan,  showing  the  intended  regulation  of  such 
street,  or  part  of  a  street,  or  public  place,  as  to  the  elevation 
or  depression  thereof  after  the  same  shall  be  opened,  extended, 
enlarged,  straightened,  altered,  or  otherwise  improved  as  the 
case  may  be;  and  also  profiles  or  plans,  if  they  shall  deem  the 
same  useful,  showing  the  intended  regulation  of  the  adjacent 
street  or  streets,  as  to  the  elevation  or  depression  thereof,  after 
such  improvement.  If  the  said  commissioners  of  estimate  and 
assessment  shall  judge  that  such  intended  regulation  will  injure 
any  building  or  buildings  not  required  to  be  taken  for  the  pur- 
pose of  opening,  extending,  enlarging,  straightening,  altering, 
or  improving  such  street,  or  part- of  a  street,  or  public  place, 
they  shall  proceed  to  make  (together  with  the  other  estimates 
and  assessments  required  by  the  first  above-mentioned  act  to  be 
Equitable  made  by  them),  a  just  and  equitable  estimate  and  assessment  of 
assessment  to  the  loss  and  damage  which  will  accrue,  by  and  in  consequence 
of  such  intended  regulation,  to  the  respective  owners,  lessees, 
parties,  and  persons  respectively  entitled  unto  or  interested  in 
the  said  building  or  buildings  so  to  be  injured  by  the  said  in- 
tended regulation;  and  the  sums  or  estimates  of  compensation 
and  recompense  for  such  loss  and  damage,  shall  be  included  by 
the  said  commissioners  in  their  general  report  of  estimate  and 
assessment,  which  they  shall  make  in  relation  to  the  intended 
improvement  of  the  street  or  public  place  so  to  be  opened,  ex- 
tended, enlarged,  straightened,  altered,  or  improved;  and  the 
report  of  the  said  commissioners,  as  to  such  damage  and  loss, 
and  as  to  the  persons  or  parties  who  are  to  receive  the  com- 


V  MO  I  NT  OK  ASSKSSMKN  I '. 


37f< 


pensation  or  recompense  reported,  shall  be  made  in  the  manner 
directed  by  the  first  above-mentioned  act  as  to  other  damages 
reported  by  the  said  commissioners. 

g  !»7i>.  It  shall  be  lawful  for  the  satd  mayor,  aldermen,  and       «■•»••  *.*n* 
eommonalt  v,  at  ;inv  lime  or  times,  either  before  or  after  the  ap-  <  „ri>f.r.iti..n 
pointment  nl  commissioners  m   (lie  |i:vmis,'S,   lor  anv  ot  the  parti.-*  i„u-r 

.  ,      , ,  i  .         t-ntc<l  for  ce«- 

purposes  aforesaid,  to  agree  with  the  owners,  lessees,  parties,  u|;"ir  , 

and  persons  entitled  unto  or  interested  in  the  lands,  tenements.'  ("<■  ••tr.-.-n.  .-i. 
hereditaments,  and  premises,  that  either  [will  he  benefited  by  or 
may  be  required,  for  the  purpose  of  making  the  operation  and 
improvement  intended  to  be  made,  or  with  any  or  with  either 
of  such  owners  or  other  parties  interested  therein,  for  and  about 
the  cession  of  the  lands,  tenements,  hereditaments,  and  prem- 
ises required  of  him,  her,  or  them  respectively,  for  the  purpose 
of  making  such  said  intended  operation  and  improvement,  and 
for  and  about  the  compensation  and  recompense  to  be  made  to 
him,  her,  or  them  for  the  same,  or  for  and  about  the  allowance 
or  sum  or  sums  to  be  allowed  and  paid  by  such  owners  and  par- 
ties respectively,  or  by  any  or  either  of  them,  for  the  benefit 
and  advantage  of  the  public  square,  place,  street,  avenue,  or 
part  or  section  of  a  street  or  avenue  so  to  be  opened,  or  the  street 
or  public  place  so  to  be  laid  out  and  formed,  or  the  extension, 
enlargement,  or  other  improvement  of  the  street  or  public  place 
so  to  be  extended,  enlarged,  or  otherwise  improved,  to  him,  her, 
or  them,  over  and  above  the  value  of  the  lands,  tenements,  here- 
ditaments, and  premises,  that  may  be  required,  if  any  lands, 
tenements,  hereditaments,  or  premises  shall  be  required  of  him. 
her,  or  them,  for  the  purpose  of  opening,  laying  out,  and  form- 
ing or  extending,  enlarging,  or  otherwise  improving  the  same, 
and  in  case  of  any  such  agreement  or  agreements,  with  part  only 
of  the  said  owners  and  parties  entitled  unto  and  interested  in  the 
said  lands,  tenements,  hereditaments,  and  premises  so  required 
for  the  purpose  of  making  any  such  operation  and  improvement 
as  aforesaid,  or  to  be  benefited  thereby,  the  same  shall  be  valid 
and  binding  upon  the  parties  thereto,  and  the  said  commission- 
ers shall,  nevertheless,  enter  upon  and  make  or  proceed  with 
their  said  estimate  and  assessment,  and  make  report  to  the  said 
court,  as  to  the  residue  of  the  said  lands,  tenements,  heredita- 
ments, and  premises  required  for  the  said  purpose  of  making 
such  said  operation  and  improvement,  or  to  be  benefited  there- 
by, concerning  which  the  owners  thereof  and  parties  interested 
therein  shall  not  agree  ;  and  the  said  report,  when  confirmed,  1813  cb  S6  $lX 
shall  be  of  like  force  and  effect  in  regard  to  the  matters  com-  tomp  C2S- 
prised  therein  as  if  no  such  agreement  as  to  the  part  of  the  prem- 
ises had  been  made. 


STKKKT  OI'KNJMi. 


When  lands 
belonging  to 
ooiporatJoD  are 
required  for 
aforesaid  PUr- 
pOSeS.  roiiimls- 

aionen  are  to 
bmom  cUuxuurefl 

or  benefit  in  the 
usual  manner. 


1871,  eh.  280,  |9, 
Comp.  648. 
Assessments 
not  to  be  im- 
posed on  parks 
or  squares,  for 
improving 
thereof. 


18-10.  eh.  326,  §7, 
Comp.  0+4. 
Amount  at 
which  property 
is  to  he  as- 
sessed. 
31  How.  42; 
66  N.  Y.  896:  89 
N.  Y.  353,  452; 
TON.  Y.  470:  10 
Hun  112:  5  Hun 
287,  442:  14  Hun 
14:  11  Hun  381: 

74  N.  Y.  610; 
55  How.  r>7 ; 

75  ST.  Y.  354. 
1813,  ch.86,  §181, 
Comp.  625. 
Contracts  be- 
tween landlord 
and  tenant  to 
cease  in  certain 
cases. 

19  Wend.  078; 
45  ST.  Y.  102;  46 
N. Y.  318; 
8  Wend.  85. 


980.  If  any  lands  tenements,  hereditaments,  or  premises 
belonging  to  the  said  mayor,  aldermen,  and  commonalty  of  the 
city  of  New  York,  or  w  herein  they  may  he  interested,  shall  he 
required  for  any  of  the  purposes  aforesaid,  or  shall  be  benefited 
by  any  such  operation  and  improvement  as  hereinbefore  men 
tioned,  the  said  mayor,  aldermen,  and  commonalty  shall  he  en 
titled  to  compensation  and  recompense  for  the  lo~s  and  damage 
they  may  sustain,  and  shall  be  bound  to  allow  and  pay  for  the 
benefit  and  advantage  they  may  be  deemed  to  a&ftBBK  thereby, 
in  like  manner  as  other  owners  and  proprietors  of  lands  and 
premises  required  for  the  purpose  of  making  the  said  operation 
and  improvement,  or  deemed  to  he  benefited  thereby  ;  and  it 
shall  be  lawful  for  the  said  commissioners  of  estimate  and  assess- 
ment, and  they  are  hereby  directed  in  such  each  and  every  case,  to 
estimate  and  assess  upon  the  principles  and  in  the  manner  herein 
aforesaid;  and  to  report  the  sum  or  sums  which  in  their  opin- 
ion ought  to  he  allowed  and  paid  to  or  by  the  said  mayor,  alder- 
men, and  commonalty  for  the  said  loss  .and  damage,  or  for  the 
said  benefit  or  advantage,  as  the -case  may  be,  to  the  said  mayor, 
aldermen,  and  commonalty,  by  and  in  consequence  of  such  said 
operation  and  improvement  of  opening  the  said  public  square, 
place,  street,  avenue,  or  part  or  section  of  a  street  or  avenue  so 
to  be  opened,  or  laying  out  and  forming  or  extending,  enlarging, 
or  otherwise  improving  the  said  street  or  public  place  so  to  be 
laid  out  and  formed,  or  extended,  enlarged  or  otherwise  im- 
proved, as  the  case  may  be.  It  shall  not,  however,  be  lawful  to 
lay  or  impose  any  assessment  whatever  on  any  public  park, 
square,  or  place,  or  street,  road,  or  avenue,  but  all  assessments 
which  may  be  properly  payable  by  the  mayor,  aldermen,  and 
commonalty  shall  be  assessed  against  them  in  a  gross  sum  in 
each  and  every  of  such  proceedings. 

§  981.  Commissioners  for  making  estimates, and  assessments 
for  any  improvements  authorized  by  law  to  be  assessed  upon  the 
owners  or.  occupants  of  houses  and  lots,  or  improved  or  unim- 
proved lands,  shall  in  no  case  assess  any  house,  lot,  improved  or 
unimproved  lands  more  than  one-half  the  value  of  such  house, 
lot,  improved  or  unimproved  land  as  valued  by  the  tax  commis- 
sioners. 

§  982.  In  all  cases  where  the  whole  of  any  lot  or  parcel  of 
land  or  other  premises  under  lease  or  other  contract,  shall  he 
taken  for  any  of  the  purposes  aforesaid,  by  virtue  of  this  title, 
all  the  covenants,  contracts,  and  engagements  between  landlord 
and  tenant,  or  any  other  contracting  parties,  touching  the  same 
or  any  part  thereof,  shall,  upon  the  confirmation  of  such  report 
in  the  premises  as  shall  be  confirmed  by  the  court  aforesaid  re- 
spectively, cease  and  determine,  and  be  absolutely  discharged: 


REPOICT  OF  (OMMISSIONKKS. 


:;77 


and  in  all  cases  whom  part  only  of  any  lot  or  parcel  of  land,  or 
other  promises  so  under  lease  or  other  eont  raet,  shall  he  so  taken 
for  anv  of  the  purposes  aforesaid,  all  contracts  and  engagements 
respecting;  the  same  shall,  upon  the  continuation  of  such  report 
in  the  promises,  as  shall  he  so  confirmed  as  aforesaid  cease,  de- 
termine, nnd  he  absolutely  discharged,  as  to  the  part  thereof  so 
taken,  but  shall  remain  valid  and  obligatory  as  to  the  residue 
thereof;  and  the  rents,  considerations,  and  payments  reserved  or 
pavahle,  and  to  ho  paid,  for  or  in  resj)ect  to  the  same,  shall  he  so 
apportioned  as  that  the  part  thereof  justly  and  equitably  paya- 
hle,  or  that  ought  to  he  paid,  for  such  said  residue  thereof,  and 
no  more,  shall  be  demanded  or  paid,  or  recoverable,  for  or  in  re- 
spect of  thi1  same. 

§•983.  It  shall  he  the  duty  of  the  department  or  hoard  having  iseo,  cb.  sro,  |i. 
the  direction  or  Charge  of  the  opening  of  any  street,  avenue,  or  [j£JJJ?i5Sa 
puhlie  park  Of  place,  to  furnish  to  the  commissioners  of  estimate  K^l'.^of 
and  assessment,  that  may  be  appointed  in  any  proceeding  to  open 
an \  street,  avenue,  or  puhlie  park  or  place  in  said  city,  such 
surveys  and  maps  as  may  he  required  by  them  in  such  proceed- 
ing.   The  expense  of  such  surveys  and  maps  shall  not  he 
included   in  any  assessment  in  such  proceeding.    Such  sui- 
voys    and    maps    shall     he     made    hy    surveyors    in  the 
rognlar     and     stated    employment    of    such  department. 
From    the    surveys   and   maps  thus    furnished,    and    such  ism,  en.  488, «2, 
other  information   as  the  said  commissioners  shall  possess  S^^^tobe 
or  ohtain,  they  shall  cause  diagrams  to  he  prepared  which  shall  p«*p»«<J 
distinctly  indicate  by  separate  numbers,  the  names  of  the  own- 
ers of,  or  claimants  to  the  respective  tracts  or  parcels  of  lands  to 
he  taken  or  assessed  in  such  proceeding,  and  which  shall  also 
specify  in  figures,  with  sufficient  accuracy,  the  dimensions, 
metes,  and  bounds  of  each  of  said  tracts  or  parcels.  Whenever 
the  said  commissioners  shall  be  unable  to  ascertain,  with  sufli- 
eient  certainty,  the  name  of  any  owner  of  any  parcel  of  said 
lands,  they  shall  indicate  such  parcel  upon  the  diagram  embrac- 
ing it,  and  in  their  report  as  belonging  to  unknown  owners. 

??  5>S4.  The  said  commissioners  shall  deposit  with  the  com-  isas,  ct .488,  p, 
missioner  of  public  works  an  abstract  of  their  estimate  and  amL'i'Ii 
assessment  at  least  forty  days  before  their  report  shall  be  pre-  [.Vi'm'Ii!  ,,'^.  i 
sented  to  said  court  for  confirmation,  which  abstract  shall  be  sioner  of  public 
accompanied  by  copies  of  the  said  diagrams,  and  which  shall  lYihm.  483. 
refer  to  the  numbers  therebv  indicated,  and  state  the  several  1F>- ch- *4- 

•>  '  Comp.  wo. 

sums  respectively  estimated  for  or  assessed  upon  each  of  said  Publication  of 
parcels,  with  the  name  or  names,  claimant  or  claimants,  so  far  isag, en.  200,  §5, 
as  ascertained  by  said  commissioners.    They  shall  also  deposit  y\Tir,-\T 
all  the  affidavits,  estimates,  and  other  documents  used  by  them  makl"ff  ^p0" 
in  making  their  report.    They  shall  also  publish  a  notice  for 


378 


KKI'OKT  OF  COMMISSIONERS. 


18M,  ch.  !«•:,,  14, 
Coinp.  644. 
Reports  mnv 
not  he  altered 

In  certain 

eases. 


1  S3'.*,  ch.  309,  $: 
Comp.  040. 

Objection  to 
assessment. 
4'J  How,  209; 
13  Hun,  483: 
16  Johns,  88] : 
1  Cow.  T4: 
19  Wend.  696. 


1839,  ch.  209.  §0, 
Comp.  641. 
Witness,  how  • 
compelled  to 
testify. 


thirty  days  in  the  City  Record,  and  when  authorized  pursuant 
to  section  sixty-six  of  this  act,  in  two  of  the  daily  newspapers 
published  in  said  city,  stating  their  intention  to  present  their 
report  for  confirmation  to  the  said  court  at  a  time  and  place 
to  he  specified  in  said  notice,  and  that  all  persons  interested  in 
such  proceeding  or  in  any  of  the  lands  affected  therehy,  having 
objections  thereto,  shall  tile  the  same,  in  writing,  with  said  com- 
missioners within  thirty  days  after  the  first  publication  of  said 
notice,  and  that  the  said  commissioners  will  hear  such  objections 
within  the  ten  weekdays  next  after  the  expiration  of  said  thirty 
days.  Similar  notice,  for  at  least  twenty  days,  shall  be  given  of 
any  supplemental  or  amended  report. 

?  its").  It  shall  not  be  lawful  for  commissioners  of  estimate 
and  assessment  to  alter  or  amend  any  report,  or  supplemental  or 
amended  report,  after  the  same  shall  have  been  deposited  for 
inspection  as  required  by  law,  by  increasing  the  amount  of  any 
assessment  for  benefit,  or  diminishing  any  award  for  damage, 
unless  the  person  or  persons,  party  or  parties,  affected  by  such 
increase  or  diminution  shall  have  had  notice  thereof,  and  an 
opportunity  of  being  heard  before  said  commissioners  l>efore 
their  report  shall  be  presented  to  the  court  for  confirmation. 

.5  ItSc.  Any  person  or  persons  whose  rights  may  be  affected 
by  the  said  estimate  and  assessment,  and  who  shall  object  to  the 
same  or  any  part  thereof,  may,  within  thirtv  days  after  the  first 
publication  of  the  said  notice,  state  his,  her,  or  their  objections 
to  the  same  in  writing  to  the  said  commissioners  ;  which  state- 
ments shall  not  be  received  by  the  said  commissioners,  unless 
verified  by  his,  her,  or  their  affidavits,  or  the  affidavits  of  other 
persons,  or  both  ;  and  it  shall  be  the  duty  of  the  said  commis- 
sioners, in  all  cases,  to  transmit  to  the  said  court,  together  with 
their  said  report,  all  the  written  statementsand  affidavits  which 
may  have  been  served  upon  them  within  the  time  afoiesaid. 
And  at  the  expiration  of  the  said 'thirty  days,  it  shall  be  the 
duty  of  the  said  commissioners  to  give  at  least  ten  days'  notice 
in  manner  aforesaid,  of  a  time  and  place  when  and  where  any 
person  or  persons,  who  may  consider  themselves  aggrieved  by 
such  estimate  or  assessment,  shall  be  heard  in  opposition  to  the 
same  :  and  the  said  commissioners  shall  have  power  to  adjourn 
from  time  to  time,  within  the  space  of  ten  judicial  days,  until 
all  such  person  or  persons  are  fully  heard. 

?!  987.  Upon  the  application  of  any  person  or  persons  whose 
rights  may  be  affected  by  the  said  estimate  or  assessment,  verified 
by  the  oath  or  affirmation  of  such  applicant  or  his  agent,  that 
any  witness,  residing  or  being  in  the  city  and  county  of  New 
York,  whose  affidavit  to  verify  or  oppose  any  objection  to  the 
said  estimate  or  assessment  is  material  or  necessary  to  such 


RBPOM  OF  (OMMISSIONKHS.  /57'J 

• 

party,  refuses  voluntarily  to  appear  before  any  officer  authorized 
to  take  such  atlidavit,  t<>  testify  or  affirm  to  such  matters  as  bt 
may  know,  touching  such  objection,  any  one  of  the  justices  of 
the  superior  court  may  issue  a  subpoena,  under  his  hand,  requir- 
ing such  witness  to  appear  and  test  ify  to  such  matters  as  he  may 
know,  touching  the  said  estimate  or  assessment,  at  such  time 
and  place  as  the  said  justice  may  designate  in  such  subpoma. 
And  every  person  who,  being  served  with  such  subpoena,  shall, 
without  reasonable  cause,  re  fust  or  neglect  to  appear,  or  appear 
ing  shall  refuse  to  answer,  under  oath  or  affirmation,  touching 
the  matters  aforesaid.  sbalU'orfeit  to  the  party  injured  one  hun- 
drtd  dollars:  and  may  also-be  committed  to  prison  by  the  judge 
who  issued  such  subpoena,  there  to  remain,  without  bail,  and 
without  the  liberties  of  the  jail,  until  he  shall  submit  to  answer, 
under  oath  or  affirmation  as  aforesaid.  The  testimony  of  such 
witness,  when  given,  shall  be  reduced  to  writing  in  the  presence 
of,  and  he  sworn  or  affirmed  to  before  such  judge. 

S>  9S$.  After  considering  the  objections,  if  any.  and  making  IJJJjA^K 
any  correction  or  alteration  of  their  estimate  or  assessment,  !j!{sA,,b' N  H- 
which  said  commissioners,  or  any  two  of  them,  shall  find  to  be  Report  too* 

just  and  proper,  the  said  commissioners,  or  any  two  of  them.   ut, 

shall  present  their  report  to  the  court  at  the  time  and  place 
specitied  in  said  notice. 

l>bt\  The  said  report  shall  consist  of  the  diagrams  herein-  oSxmtS^  S4, 
before  referred  to  duly  corrected,  when   necessary,  with   a  i^i^-ii -^.sir- 
tabular  abstract  of  the  estimate  and  assessment,  "with  any  cor- 
rections or  alterations  thereof  by  said  commissioners.    In  said 
report  the  commissioners  who  shall  make  the  same,  shall  set 
forth  the  names  of  the  respective  owners,  lessees,  parties, 'and  19 Wend- 6781 
persons  entitled  unto  or  interested  in  the  said  lands,  tenements, 
hereditaments,  and  premises  mentioned  in  the  said  report,  and 
each  and  every  part  and  parcel  thereof  as  far  forth  as  the  same 
shall  be  ascertained  by  them,  and  an  apt  and  sufficient  designa- 
tion or  description  of  the  respective  lots  or  parcels  of  land  and 
other  tenements,  hereditaments,  and  premises  that  may  be  re- 
quired for  the  purpose  of  opening  sTich  public  square,  place,  street,  I.'^'-'muIVm 
or  avenue,  or  part  or  section  of  a  street  or  avenue  so  to  be  opened,  ^isl'wnln". 
or  laying  out  and  forming  or  extending,  enlarging,  or  other-  «  sand.'  so.' 
wise  improving  such  street  or  public  place  so  as  to  be  laid  out 
and  formed,  or  so  to  be  extended,  enlarged,  or  otherwise  im- 
proved, as  the  case  may  be,  and  also  of  the  said  respective  lots 
or  parcels  of  land  and  other  tenements,  hereditaments,  and 
premises  not  included  within,  but  deemed  to  be  benefited  by  the 
same  and  so  assessed  by  the  said  commissioners  for  the  said 
benefit  as  aforesaid.    It  shall  refer  to  the  numbers  of  the  tracts  J?62-  *•»• 

t  omp.  650. 

and  parcels  indicated  by  said  diagrams,  and  state  the  several 


380 


KKPOKT  OF  <  OMMlSlslONKkS. 


Report  to  bo 
filed. 


I'nknown 

owners. 

U  HOW.  48; 

1  Abb.  N.  8  30; 

10  Wend.  078; 

:.7  N.  Y.  3M: 

■<!  N  Y.  430; 


1R39,  ch.  309,  §1, 
Comp.  639. 
Application  for 
confirmation  of 
report. 
1813,  ch.  80. 
$178,  Comp.  521. 
16  Johns.  231 ; 
1  Cow.  74; 
19  Wend.  690. 


Proceedings, 
when  to  be 
discontinued. 
1813,  ch.  80, 
$178,  Comp.  621. 


sums  respectively  estimated  for  oi»  assessed  upon  each  of  said 
tracts'  or  parcels,  with  the  name  or  names  of  the  ownei'6  or 
claimants  of  each,  if  ascertained  by  said  commissioners.  It 
shall  not  he  necessary  in  said  report  to  describe  any  of  the  said 
tracts  or  parcels  by  metes  and  hounds,  hut  only  by  reference  to 
the  said  diagrams.  It  shall  also  set  forth  the  several  and  respec- 
tive sums  estimated  and  assessed  as  and  for  the  compensation 
and  recompense  or  the  allowance  to  be  made  for  the  loss  and 
damage,  or  for  the  benefit,  as  the  case  may  he,  of  the  respective 
owners  of  the  fee  or  inheritance  of  such  said  lands,  tenements, 
hereditaments,  and  premises  respectively,  and  for  the  loss  and 
damage,  or  for  the  benefit,  as  the  awe  may  be,  of  the  respective 
owners  of  the  leasehold  estates  or  other  interests  therein  sep- 
arately :  but  in  all  and  each  and  (.-very  case  and  cases  where  the 
owners  and  parties  interested,  or  their  respective  estates  and  in- 
terests are  unknown  or  not  fully  known  to  the  said  commis- 
sioners, it  shall  be  sufficient  for  them  to  estimate  and  assess, 
and  to  set  forth  and  state  in  then  said  report,  in  general  terms, 
the  respective  -onus  to  be  allowed  and  paid  to  or  by  the  owners 
and  proprietors  generally  of  such  said  lands,  tenement-,  heredit- 
aments, and  premises,  and  ]»arties  interested  therein  for  the  loss 
and  damage,  or  for  the  benefit  and  advantage,  as  the  case  may 
he,  to  such  owners,  proprietors,  and  parties  interested  in  respect 
of  the  whole  estate  and  interest  of  whomsoever  may  be  entitled 
unto  or  interested  in  the  said  lands,  tenements,  hereditaments, 
and  premises  respectively,  by  and  in  consequence  of  the  said 
operation  and  improvement  of  opening,  laying  out,  and  forming 
or  extending,  enlarging,  or  otherwise  improving  the  said  public 
square  or  place,  street,  avenue,  or  part  or  section  of  a  street  or 
avenue  so  to  be  opened,  or  so  to  be  laid  out  and  formed  or  ex- 
tended, enlarged  or  otherwise  improved  as  the  case  may  be, 
without  specifying  the  names  or  the  estates  or  interests  of  such 
owners  and  proprietors  and  parties  interested,  or  of  any  or  either 
of  them. 

§  990.  The  application  for  the  confirmation  of  the  report  shall 
he  made  to  the  supreme  court^t  a  term  thereof  held  in  the  city 
of  New  York.  Upon  the  coming  in  of  the  said  report  signed  by 
the  said  commissioners,  or  any  two  of  them,  and  upon  the  hear- 
ing of  the  application  for  the  confirmation  thereof,  if  persons 
who  appear  by  the  said  report  to  be  interested,  either  by  assess- 
ment for  benefit  or  award  for  damages,  to  the  amount  of  a  ma- 
jority in  amount  of  the  whole  assessments  and  awards,  shall 
appear  and  object  to  further  proceedings  upon  the  said  report, 
the  court  shall  order  the  same  to  be  discontinued,  and  the  same 
hall  thenceforth  be  discontinued  :  otherwise  the  said  courts 
shall,  by  rule  or  order,  after  hearing  any  matter  which  may 


roNKIKM  ATK  >N   «  >l-    KKI'OlM  . 


be  alleged  against  the  samft  either  confirm  the  said  report  <>i   ' 

refer  tlio  same  to  t lit*  same  commissioners  for  revisal  and  cor-  -•-•-«-  

^     or  referred  for 

rcction,  or  to  new  commissioners,  to  be  appointed  by  the  said  JftSjjJk  ,., 
court  to  reconsider  the  suhject  matter  thereof,  and  the  said 
commissioners  to  whom  the  said  report  shall  he  so  referred, 
shall  return  the  same  report  corrected  and  revised,  pi'  a  new 
report  to  he  made  by  them  in  the  premises,  to  tlx-  said  <  oiirt 
without  BDflMOessary  delay;  and  the  same,  on  being  so  returned, 
<hn\l  he  continued  or  again  referred  hy  the  said  court  in  man 
ner  aforesaid,  as  right  and  justice  shall  require,  and  so  from 
time  to  time  until  a  report  shall  be  made  or  returned  in  the 
premises,  which  the  said  court  shall  confirm  :  and  such  report, 
when  so  confirmed  by  the  said  court,  shall  be  final  and  conclu  SKS^tos, 
sive,  as  well  upon  the  said  mayor,  aldermen,  and  commonalty  Xsi""'1 ' 
of  the  city  of  New  York,  as  upon  the  owners,  lessees,  persons,  w  Barb. In j 
find  parties  interested  in  and  entitled  unto  the  lands,  tenements,  iwend  aSi 
hereditaments,  and  premises  mentioned  in  the  said  report ;  and  ,rii- 
also  upon  all  other  persons  whomsoever  ;  and  on  such  final  con-  ^'Vam,  n 
tirmation  of  such  report  by  the  said  court,  the  said  mayor,  al-  r/>' -  n  V 
dermen,  and  commonalty  of  the  city  of  New  York  shall  become  jjg; 
l ml  be  seized  in  fee  of  all  the  said  lands,  tenements,  heredita-  iw|s7Barb'. 
ments,  and  premises  in  the  said  report  mentioned,  that  shall  or  Hsj  khS '■'  i 
may  bo  so  required  for  the  purpose  of  opening  the  said  public 
square,  or  place,  or  street,  or  avenue,  or  part  or  section  of  a 
street  or  avenue  so  to  be  opened,  or  for  the  purpose  of  laying  out 
and  forming  the  said  street  or  public  place  so  to  be  laid  out  and 
formed,  or  for  the  purpose  of  extending,  enlarging,  or  other- 
wise improving  the  street  or  public  place  so  to  be  extended,  en- 
larged or  otherwise  improved,  as  the  case  may  be,  the  same  to 
be  appropriated,  converted,  and  used  to  and  for  such  said  pur- 
pose accordingly  ;  and  thereupon  the  said  mayor,  aldermen,  and  SSepowSira 
commonalty,  or  any  person  or  persons  acting  under  their  au-  rlnHr"n£r 
thority,  may  immediately,  or  at  any  time  or  times  thereafter,  8trects- etc 
take  possession  of  the  same,  or  any  part  or  parts  thereof,  with- 
out any  suit  or  proceeding  at  law  for  that  purpose:  In  trust, 
nevertheless,  that  the  same  be  appropriated  and  kept  open  for, 
or  as  part  of  a  public  street,  avenue,  square,  or  place  forever,  in 
like  manner  as  the  other  public  streets,  avenues,  squares,  and 
plaees  in  the  said  city  are,  and  of  right  ought  to  be. 

>>  991.  Duplicate  copies  of  said  report,  signed  by  the  said  com-  i88a.ch.4Wa 
missioners,  or  any  two  of  them,  shall  be  filed  by  the  counsel  to 
the  corporation  of  said  city,  one  in  the  office  of  the  commissioner 
of  public  works,  and  the  other  in  the  office  of  the  clerk  of  the 
city  and  county  of  New  York. 

§  992.  The  said  mayor,  aldermen,  and  commonalty  shall.  ist8,ch.86,fig 
within  four  calendar  months  after  the  confirmation  of  the  report  Comp-63° 


♦ 


382  (  OMIM'.NSATfON   VOH  DAMAOKS. 

Damages  &t  the  commissioners  in  the  premises  by  the  court,  or  within 
i'lV'' .'|'m 111 four  months  after  the  expiration  of  the  time  or  timet  which 
iVin  v  :hh;'  they  may  appoint  in  accordance *vith  law  for  carrying  improve 
mn.y.W;  taenia  into  effect,  pay  to  the  respective  persons  and  bodies  politic 
or  corporate,  mentioned  or  referred  to  in  the  said  report,  in 
whose  favor  any  sum  or  sums  of  money  shull  he  estimated  and 
reported  by  the  said  connni  loners,  the  respective  sum  or  sums 
so  estimated  and  reported  in  their  favor  respectively;  and  in  case 
of  neglect  or  default  in  the  payment  of  the  same  within  the 
time  aforesaid,  the  respective  person  or  persons,  or  party  or 'par- 
ties, in  whose  favor  the  same  shall  be  so  reported,  his,  her,  or 
their  executors,  administrators,  or  successors,  at  any  time  or 
times,  after  application  first  made  by  him,  her,  or  them,  to  the 
said  mayor,  aldermen,  and  commonalty,  for  payment  thereof, 
may  sue  for  and  recover  the  same,  with  lawful  interest,  from 
and  after  the  said  application  therefor,  and  the  costs  of  suit,  iff 
any  proper  form  of  action  against  the  said  mayor,  aldermen. 
;ind  commonalty,  in  any  court  having  cognizance  thereof,  and 
in  which  it  shall  be  sufficient  to  declare  generally  for  so  much 
money  due  to  the  plaint  iff"  or  plaintiffs  therein  by  virtue  of  this, 
title,  for  premises  taken  for  the  purposes  herein  mentioned,  and 
the  report  of  the  said  commissioners,  with  proof  of  the  right  and 
title  of  the  plaintiff  or  plaintiffs  to  the  sum  or  sums  demanded, 
•-hall  be  conclusive  evidence  in  such  suit  or  action. 
('"iM.'p'gS'j'^''  $  993.  Whenever  the  owners  and  proprietors  of  any  such 
lands,  tenements,  hereditaments,  and  premises  so  to  be  taken  for 
any  of  the  purposes  aforesaid,  or  the  party  or  parties,  person  or 
^  persons  interested  therein,  or  any  of  either  of  them,  the  said 

infante, non     owners,  proprietors,  parties,  or  persons  in  whose  favor  any  such 

compos  mentis.  r      r  '  £ 

femes  covert,    Suui  or  sums  or  compensation  shall  he  so  reported,  shall  be  un- 

etc.,  may  be  ^  17 

E?Ny1844?urt  (^er  ^*ie  a°e  twenty-one  years,  non  compos  mentis,  feme 
covert,  or  absent  from  the  city  of  New  York,  and  also  in  all  cases 
where  the  name  or  names  of  the  owner  or  owners,  parties  or 
persons  entitled  unto  or  interested  in  any  lands,  tenements,  her- 
editaments, or  premises  that  may  be  so  taken  for  any  of  the 
purposes  aforesaid,  shall  not  be  set  forth  or  mentioned  in  the 
said  report,  or  where  the  said  owners,  parties,  or  persons  respec- 
tively, being  named  therein,  cannot  upon  diligent  inquiry  be 
found,  it  shall  be  lawful  for  the  said  mayor,  aldermen,  and  com- 
monalty to  pay  the  sum  or  sums  mentioned  in  the  said  report, 
payable,  or  that  would  be  coming  to  such  owners,  proprietors, 
parties,  and  persons  respectively,  into  the  said  supreme  court,  to 
be  secured,  disposed  of,  and  improved  as  the  said  court  shall  di- 
rect, and  such  payment  shall  be  as  valid  and  effectual,  in  all  re- 
spects, as  if  made  to  the  said  owners,  proprietors,  parties,  and 
persons  respectively  themselves,  according  to  their  just  rights,  as 


asskssm  KN'l's  VOB  IMPROVEMENTS.  383 

if  they  bad  been  known  and  had  all  been  present,  of  full  age,  diB- 
covert  and  compos  mentis;  and  provided  also,  that  in  all  and 
each  and  every  case  and  cases,  where  any  Mich  sum  or  sums.  Or'^gJ^g^ 
compensation,  so  as  to  be  reported  by  the  said  commissioners  in  JiEE/JJjit, 
favor  of  any  person  or  persons,  or  party  or  parties  whatsoever, 
whether  named  or  not  named  in  the  said  report,  shall  be  paid  to 
any  person  or  persons,  or  party  or  parties  whomsoever,  when 
the  same  shall  of  right  belong,  and  ought  to  have  been  paid  to 
some  other  person  or  persons,  or  party  or  parties,  it  shall  he  law- 
ful for  the  person  or  persons,  or  party  or  parties,  to  whom  the 
same  ought  to  have  been  paid,  to  sue  for  and  recover  the  same, 
with  lawful  interest  and  costs  of  suit,  as  so  much  money  had 
and  received  to  his,  her.  or  their  use,  by  the  person  or  persons, 
party  or  parties  respectively,  to  whom  the  same  shall  have  been 
so  paid. 

S  994,  All  the  inonevs  which  the  said  mavor,  aldermen,  and  - 

o  •>  »  pomp.  oil. 

connnonaltv  shall  pav.  disburse,  and  expend,  or  become  liable  or  Moneys  ex- 

...  ,  ip  •         -l  ponded,  to  be 

bound  to  nav,  disburse,  and  expend,  for  cessions  bv  agreement.  ■•>--•- •••> 

and  in  discharge  or  on  account  of  the  sums  or  estimates  of  com  pen-  benefited 
sation  and  recompense  that  may  be  reported  by  the  commissioners 
in  favor  of  the  respective  persons  and  parties  deemed  to  be  enti- 
tled thereto,  and  t  he  charges  and  expenses  of  the  estimate  and  as- 
sessment and  report  that  may  be  made  in  the  premises,  and  all 
such  other  expenses,  disbursements,  and  charges  also,  as  may  arise 
or  take  place  by  and  in  consequence  of  the  provisions  of  this  title, 
for  and  about  the  opening  of  any  such  public  square  or 
place,  street,  avenue,  or  part  or  section  of  a  street  or  avenue  so 
to  be  opened,  or  laying  out  and  forming,  or  extending,  Vnlarge- 
ing,  or  otherwise  improving  any  such  street  or  public  place  so  to 
be  laid  out  and  formed  or  extended,  enlarged,  or  otherwise  im- 
proved, as  the  case  maybe,  and  the 'acquisition  of  the  lands, 
tenements,  hereditaments,  and  premises  required  for  that  pur- 
pose (except  such  sum  or  sums  as  may  be  assessed  upon  the  said 
mayor,  aldermen,  and  commonalty,  according  to  the  provisions 
of  t  his  title  in  that  behalf  I,  shall  be  borne  and  reimbursed  and 
paid  to  the  said  mayor,  aldermen,  and  commonalty,  by  the 
parties  and  persons  interested  and  entitled,  as  owners  or  other 
wise,  unto  and  in  the  lands,  tenements,  hereditaments  and 
premises  deemed  to  be  benefited  thereby,  and  the  same,  or 
the  excess  and  balance  thereof,  if  any  such  excess  and 
balance  thereof  there  shall  be,  over  and  above  the  amount  of  the 
sums  or  assessments  that  may  be  assessed  upon  the  parties  and 
persons,  lands  and  tenements,  assessed  by  the  commissioners  in 
the  premises  for  the  benefit  of  such  public  square  or  place,  street 
or  avenue,  or  part  or  section  of  a  street  or  streets,  so  to  be  opened, 
or  of  such  street  or  public  place  so  to  be  laid  out  and  formed,  or 


384  ASSESSMENTS  FOB  PfPBOVEMEVTS. 

of  the  extension,  enlargement,  or  other  improvement  of  the 
street  or  public  place  so  to  be  extended,  enlarged,  or  otherwise 
improved  as  the  case  may  he,  together  with  the  charges  of  the 
after-mentioned  assessment  and  collection  thereof,  shall  and 
may  he  estimated  and  assessed  by  the  hoard  of  assessors  provided 
for  in  section  eight  hundred  and  sixty-five  of  this  act,  upon  and 
among  all  the  owners,  occupants,  and  parties  seized  or  possessed 
of,  or  interested  in  all  the  lands,  tenements,  hereditaments,  and 
premises  not  assessed  by  the  said  commissioners  of  estimate  and 
assessment,  nor  included  in  their  said  report,  that  may  he  bene- 
fited by  the  said  public  square  or  place,  street,  or  avenue,  or  pari 
or  section  of  a  street  or  avenue  so  to  he  opened,  or  the  said  public 
square  or  place  so  to  he  laid  out  and  formed,  or  the  extension,  en- 
largement, or  other  improvement  of  the  public  street  or  place  so 
to  be  extended,  enlarged,  or  otherwise  improved  as  the  case  may 
be,  in  proportion,  as  nearly  as  may  lie,  to  the  advantage  which 
each  shall  be  deemed  to  acquire  thereby;  and  the  said  assessors, 
AuMmmte,  after  haying  made  such  estimate  and  assessment,  shall  certify 
the  saint;  and  make  a  return  thereof  in  writing,  and  the  same, 
when  ratified  and  confirmed,  shall  be  binding  and  conclusive 
upon  the  parties  and  persons  so  to  be  assessed,  respectively,  and 
upon  all  other  persons  whomsoever;  provided,  however,  that  no 
part  of  such  said  moneys  so  to  be  estimated  and  assessed  by  the 
said  assessors,  shall  be  assessed  upon  any  party  or  person  whom- 
soever, for  or  on  account  of  any  lands,  tenements,  hereditaments, 
or  premises  included  in  the  aforesaid  report  of  the  commissioners 
of  estimate  and  assessment,  and  by  them  made  the  subject  of 
their  said  estimate  and  assessment;  but  if  any  such  party  or 
person  shall  be  entitled  unto  or  interested  in  any  other  lands, 
tenements,  hereditaments,  or  premises,  not  included  in  the  said 
report,  that  may  be  deemed  to  be  benefited  as  aforesaid,  such 
*party  or  person  shall  be  assessed  therefor  in  proportion  to  the 
advantage  deemed  to  be  acquired  in  respect  to  the  same. 
comp1' ck*m'  §  ^s  weu  *ne  respective  sums  so  to  be  assessed  by  the 
sums  assessed  said  assessors  upon  the  owners,  occupants,  and  parties  seized 

to  be  a  lien  on  i  *  <•         •   j  .       .       ,     ■  , 

premises  0r  possessed  of  or  interested  in  the  lands,  tenements,  heredita- 
i  Hun.  i;_  ments,  and  premises  mentioned  in  the  said  certificate  and  return 
of  them  the  said  assessors,  as  also  the  respective  sums  or  assess- 
ments so  to  be  assessed  and  reported  by  the  said  commissioners  of 
estimate,  and  assessment,  as  and  for  the  allowance  to  be  made  by 
the  parties  and  persons  respectively  in  the  said  report  mentioned 
or  referred  to,  and  intended  as  owners  and  proprietors  of,  or 
parties  interested  in,  lands  and  premises  deemed  to  be  benefited, 
for  the  benefit  and  advantage  of  the  public  square  or  place,  street, 
avenue,  or  part  or  section  of  a  street  or  avenue,  or  of  the  exten- 
sion, enlargement,  or  other  improvement  of  the  street  or  public 


1"  N.  Y.  1 10. 


•     Si' ITS.  rati  ASSKSSMKNTS.  IX, 

place  mentioned  in  the  said  report,  shall  be  a  lion  or  charge  on 
the  lands,  tenements,  hereditaments,  and  premises  in  the  said 
certificate  and  return  of  the  said  assessors,  or  in  the  said  report 
of  the  said  commissioners  mentioned,  or  upon  the  estate  an  in-  • 
forest  of  the  respective  owners,  lessees,  and  parties  interested  in 
such  said  lands,  tenements,  hereditaments,  and  promises  for  or 
on  account  of  which  the  said  respective  sums  shall  be  so  assessed 

by  the  said  commissioners  or  assessors,  as  the  case  may  be,  upon 
the  said  respective  owners  and  proprietors  thereof,  or  parties  in- 
terested therein.  As  well  the  said  owners  and  proprietors  thereof 
and  parties  interested  therein,  and  also  the  occupants  and  each  and 
every  of  them  shall,  moreover,  be  respect  ivoly  liable  to  pay  on  de- 
mand the  respective  sum  or  sums  or  assessments  mentioned  in 
t  he  said  certificate  and  return  of  the  assessors,  or  in  the  said  report 
of  t ho  commissioners,  as  the  Case  may  be,  at  which  the  respective 
lands,  tenements,  hereditaments,  and  premises  SO  owned  or  oc- 
cupied by  him,  her,  or  them,  or  wherein  ho,  she,  or  they  are  bo 
interested,  or  at  which  the  owners  and  proprietors  thereof  shall 
be  so  assessed,  to  such  person  or  persons  as  the  said  mayor,  al- 
dermen, and  commonalty  shall  appoint  to  receive  the  same.  The  orrecovered 
said  respective  sums  or  assessments,  with  such  lawful  interest  as 
aforesaid,  maybe  recovered  with  all  costs  and  charges,  by  the 
said  mayor,  aldermen,  and  commonalty,  from  and  against  the 
parties  assessed,  or  the  owner  or  owners  of  the  respective* lands, 
tenements,  hereditaments,  and  premises  whereon  or  in  respect 
of  which  the  same  may  be  assessed,  or  set  forth  in  the  said  re- 
port of  the  commissioners,  or  return  of  the  assessment,  as  the 
case  may  be,  or  from  or  against  any  or  either  of  the  said  parties 
or  owners,  without  joining  any  other  or  others  of  them  the  said 
parties  or  owners  therein,  by  action:  provided  that  nothing  here-  persons  paying 
in  contained  shall  affect  any  agreement  between  landlord  and  SSS^Sta'0* 
tenant,  or  any  other  contracting  parties  respecting  the  payment  Zflwo^r' 
of  any  such  assessment  or  charges,  but  they  shall  bo  answerable 
to  each  other  in  the  same  manner  as  if  the  provisions  in  this  title 
contained  concerning  the  same  had  never  been  made;  and  if  any 
money  so  to  be  assessed,  be  paid  by  or  collected  or  recovered  from 
any  person  or  persons  when  by  agreement  or  by  law  the  same 
ought  to  have  been  borne  and  paid  by  some  other  person  or  per- 
sons, it  shall  be  lawful  for  the  person  or  persons  paying  the 
same,  or  from  whom  the  same  shall  be  recovered  by  suit  or 
otherwise,  to  sue  for  and  recover  the  money  so  paid  by  or  re-  ' 
covered  from  him  or  them,  with  interest  and  costs,  as  so  much 
money  paid  for  the  use  of  the  person  or  persons  who  ought  to* 
have  paid  the  same,  and  the  said  report  of  the  commissioners, 
with  proof  of  payment,  shall  be  conclusive  evidence  in  such 
snit. 


1 1  lt»  *    1  CVU  »  V 

sain*»  hack. 


386 


CHARGES  OF  COMMISSIONERS  TO  BE  TAXED. 


1810,  oh.  US, 
Comp.  voi. 

( Vrtnlii  ex- 
penses tl)  lie 
paid  hy  the 
corporation, 
id.  $1 


ch.:)3.  Hi. 

5. 

<  lomptroller  to 
publish  notice 
of  confirmation 
of  assessment, 
etc, 


Interest  to  be 
charged  if  not 
puid  within 
sixty  days. 


§  990.  No  such  assessment  as  is  directed  in  and  by  the  pre- 
ceding section  shall  be  made  after  the  continuation  of  the  report 
of  the  commissioners,  in  cases  of  the  opening  of  pnhlic  squares 

or  places  (other  than  and  except  the  streets  and  avenues)  laid 

OUl  by  t  commissioner  of  streets  and  roads  in  the  city  of  New 
York,  under  and.  hy  virtue  of  the  act  entitled,  "an  act  relative 
to  improvements  touching  the  laying  out  of  streets  and  roads  in 
the  city  of  New  York,  and  for  other  purposes,'"  passed  April 
third,  eighteen  hundred  and  seven,  or  any  or  either  <>f  the  said 
pnhlic  squares  or  places,  as  altered  hy  the  Legislature,  hut  all  the 
excess  and  balance  of  the  sums  or  estimates  of  compensation 
and  recompense  that  may  be  reported  hy  the  said  commission- 
ers in  favor  of  the  respective  persons  and  parties  entitled  there- 
to, and  of  the  expenses  and  charges  of  the  estimate  and  assess- 
ment and  report  thai  may  he  made  in  the  premises,  and  all 
other  expenses,  disbursements  and  charges  in  the  premises  over 
and  above  the  amount  of  the  sums  or  assessments  which  may 
be  assessed  by  the  said  commissioners  upon  the  persons  and  par- 
tie-,  lands  and  tenements,  for  the  benefit  of  such  public  square  or 
place,  shall  be  borne  and  paid  by  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New  York,  without  any  such  assessment 
and  collection  as  is  directed  in  and  by  section  nine  hundred  and 
ninety-four. 

§  iil>7.  It  shall  be  the  duty  of  the  comptroller  to  give  public 
notice,  by  advertisement,  for  at  least  ten  days,  in  the  City 
Kecord.  immediately  after  the  confirmation  of  any  assessment 
for  a  street  opening,  that  the  same  has  been  confirmed,  specify- 
ing the  title  of  such  assessment,  and  the  date  of  its  confirmation 
by  the  supreme  court,  and  also  the  date  of  entry  in  the  record 
of  titles  of  assessments  kept  in  the  bureau  for  the  collection  of 
assessments  and  of  arrears  of  taxes  and  assessments,  and  of  Cro- 
ton  water  rents,  notifying  all  persons,  owners  of  property 
affected  by  any  such  assessment,  that,  unless  the  amount  as- 
sessed for  benefit  on  any  person  or  property  shall  be  paid  w  ithin 
sixty  days  after  the  date  of  said  entry  of  any  such  assessment, 
interest  shall  thereafter  be  collected  thereon  as  ^provided  in 
the  following  section;  and  all  provisions  of  Jaw  or  ordinance  re- 
quiring any  other  or  different  notice  of  assessments  and  interest 
thereon  are  repealed. 

§  998.  If  any  such  assessment  shall  remain  unpaid  for  the 
period  of  sixty  days  after  the  date  of  entry  thereof  in  the  said 
record  of  titles  of  assessments,  it  shall  be  the  duty  of  the  officer 
. authorized  to  collect  and  receive  the  amount  of  such  assessment, 
to  charge,  collect,  and  receive  interest  thereon,  at  the  rate  of 
seven  per  centum  per  annum,  to  be  calculated  from  the  date  of 
such  entry  to  the  date  of  payment. 


CHAKOKS  Oh  COM MISSION  KR8  TO  BE  TAXED. 


i  W\K  Whenever  an  estimate  and  assessment  for  loss  and  w->..-h.  *».  *u 

•  Coinp.  W<!. 

damage  and  for  benefit  and  advantage  shall  he  made  by  the  i„, ,.,.,.„,  ,,„ 
commissioners  of  estimate  and  assessment  relative  to  the  same  £™*M,V-ift. 
j>erson  or  persons,  no  interest  shall  he  demanded  from  snch  per- 
son or  persons  upon  the  amount  assessed  for  benefit  and  advan- 
tage, except  on  the  excess  of  the  amount  he  is  to  pay  over  and 
above  the  amount  he  is  to  receive  for  or  in  consequence  of  any 
intervening  time  between  the  period  fixed  for  the  receipt  of  the 
amount  of  benefit  and  advantage  and  the  payment  of  the 
amount  of  loss  and  damage. 

§  1000.  No  costs  or  charges  to  the  said  commissioners  or  oth-  isas.oh. aoe,  112, 
ers  shall  be  paid  or  allowed  for  any  services  performed  under  cvwtsof 
this  title,  unless  the  same  shall  be  taxed  by  the  said  court,  who  et™nto^oners' 
are  required  to  make  or  continue  rules  to  apply  to  the  said  bill  taxe<1, 
of  costs,  the  existing  laws  in  relation  to  the  taxation  of  costs, 
and  the  nature  and  proof  of  the  services  rendered  and  disburse- 
ments charged,  as  far  as  the  same  can  be  made  applicable;  and 
no  unnecessary  cost  or  charges  shall  be  allowed.    The  fees  of 
such   commissioners  of  estimate  and  assessment,  exclusive  of 
necessary  disbursements  hereinafter  mentioned,  shall  not  exceed 
in  the  aggregate  the  sum  of  twenty  cents  a  foot  for  the  lineal 
extent  of  the  street  or  avenue^  or  the  portion  thereof  so  to  be 
opened  or  altered;  but  when  the  assessment  district  shall  extend 
beyond  the  street  or  avenue  lying  nearest  to  and  having  the 
same  general  direction  as  the  street  to  be  opened,  the  fees  of  i8so,Ch.  sio.si, 
such  commissioners  of  estimate  and  assessment  may  be  increased  ™umateners 
in  the  aggregate  to  not  exceeding  twenty  cents  for  every  twen- 
ty-five hundred  square  feet  of  territory  embraced  in  the  assess- 
ment district  lying  beyond  the  said  nearest  street  or  avenue;  but 
in  any  case  such  additional  fees  of  said  commissioners  shall  not 
exceed  ten  cents  for  each  lineal  foot  of  the  street  or  avenue  or 
portion  thereof  to  be  opened  or  altered.    Xo  costs,  charges  or  costs  and 
expenses  of  any  description  shall  be  allowed  in  such  proceeding 
or  charged  on  any  lands  affected  thereby,  except  the  co/npensa-  ' 0,np  av; 
tion  of  the  commissioners  as  above  limited  and  their  necessary 
disbursements  for  room  rent  actually  paid,  but  in  no  case  to  ex- 
ceed one  dollar  per  day;  for  advertising,  printing  or  posting  any 
notices  required  by  law,  and  for  any  other  necessary  incidental 
expense,  not  exceeding  one  hundred  dollars. 

1001.  A  bill  of  said  costs,  charges  and  expenses  shall  be  1868,ch.  i88,$c, 
filed  with  the  commissioner  of  public  works  at  least  ten  days  ^3 
before  the  same  shall  be  presented  for  taxation,  and  a  notice  of  gjfj^***10 
at  least  ten  days  shall  be  published  in  two  of  the  daily  news- 
papers published  in  the  said  city,  of  the  time  and  place  of  taxing- 
said  costs,  charges  and  expenses,  which  shall  be  thereupon 
taxed  by  a  judge  of  the  supreme  court  or  a  referee  under  his 


charges. 
1S02.ch.  483,  §5. 


IMSCONTIMIM;  l*K<  »<  KKDINfis. 


1864,  oh.  122,  *2, 
Comp.  654. 

Expenses,  how 
assessed. 


1873.  ck  885, 
$105,  Comp.  Oil 
U  Abb.  107. 
Proceedings  as 
to  streets  may 
be  discontin- 
ued. 


1839,  oh.  aoo,  *r, 

Comp.  Oil. 
1818,  ch.  210,  $1, 
Comp.  03". 
Corporation 
may  suspend 

opening,  etc., 
8treets  for  a 
limited  periin] 
10  N.  Y.  318; 
56  N.  Y.  688; 
67  Barb.  35. 


1313,  ch.86,  §i;8, 
Comp.  042. 
Certain 
buildings  to 
remain 
unremoved. 


special  older,  ami  before  the  report  of  said  commissioners  shall 
he  presented  for  confirmation. 

.'  1002.  All  moneys  paid  under  the  provisions  of  this  title  by 
the  mayor,  aldermen,  and  commonalty  aforesaid,  shall  he  as- 
sessed equally  and  proportionately,  as  far  as  the  same  may  be 
practicable,  upon  the  lands  and  premises  benefited  by  the  im- 
provement, and  shall  be  a  lien  and  charge  thereon,  and  shall  be 
applied,  levied,  and  collected  in  the  manner  provided  by  law  for 
the  assessment,  levy,  and  collection  of  similar  expenses  and  dis- 
bursements for  the  reimbursement  of  the  city  treasury. 

§  1003.  The  hoard  referred  to  in  section  nine  hundred  and 
fifty-five  is  authorized  and  empowered  to  discontinue  any  and 
all  legal  proceedings  taken  for  laying  out,  opening,  widening, 
straightening,  extending,  altering,  or  closing  streets  or  avenues, 
or  parts  of  streets  or  avenues,  south  of  Fifty-ninth  street,  at  any 
time  before  the  confirmation  of  the  report  of  the  commissioners 
of  estimate  and  assessment  in  such  proceedings,  if,  in  the  opin- 
ion of  said  hoard,  the  piiblic  interest  requires  such  discontinu- 
ance, and  with  the  power  to  cause  new  proceedings  to  be  taken 
in  suph  cases  for  the  appointment  of  new  commissioners.  The 
mayor,  aldermen,  and  commonalty,  acting  by  the  authority 
which  commenced  such  proceedings,  shall  be  authorized  at  any 
time  previous  to  the  confirmation  of  the  report  by  the  said  court, 
to  discontinue  all  further  proceedings  relative  to  any  improve- 
ment under  this  title,  without  the  necessity  of  an  application  to 
said  court  for  leave  so  to  do.  The  mayor,  aldermen  and  com- 
monalty may,  except  as  in  this  act  otherwise  specially  provided, 
suspend  the  opening,  extending,  enlarging,  altering  or  improv- 
ing of  any  street,  road,  avenue,  or  public  place,  which  may  be 
ordered  to  be  opened,  extended,  enlarged,  or  altered  in  the  said 
city,  for  such  time  or  times  as  they  shall  think  proper,  not  ex- 
ceeding fifteen  months  in  the  whole,  after  the  confirmation  of 
the  report  of  the  commissioners  of  estimate  and  assessment. 

?  1004.  The  said  mayor,  aldermen  and  commonalty  may  per- 
mit any  building  which  shall  be  either  partly  or  wholly  included 
within  the  limits  of  any  such  street,  avenue,  public  square,  or 
place  laid  out  in  the  said  city,  by  the  commissioners  of  streets 
and  roads  in  the  city  of  New  York,  under  and  by  virtue  of  the 
before-mentioned  act,  entitled  "an  act  relative  to  improvements 
touching  the  laying  out  of  streets  and  roads  in  the  city  of  New 
York,  and  for  other  purposes,"  and  so  to  be  opened  as  aforesaid, 
to  remain  unremoved  for  such  time  or  times  as  they  shall  think 
proper. 


COMMISSIONERS  Idli  CI.OslN'o  STHKKTS. 


889 


5  10(15.  It  shall  hi'  law  ful  for  the  commissioners  of  estimate  i^.oi  .;n>, 

°  (  omp.  till. 

and  assessment  to  administer  oaths  in  all  eases,  in  any  manner  , 
appertaining  to  the  opening,  extending,  enlarging  or  altering  of  Swutaoatta. 
any  street  or  public  place  in  the  said  city. 

§  1000.  Any  notice  now  required  or  hereafter  to  be  required  ,'"„;';l','',,v^1',H, 

bylaw  to  be  published  in  any  proceeding  for  the  opening,  ex-  J,''^:"','"',',''1'^ 
eluding,  widening  or  altering  any  street,  avenue,  public  place, 
square,  or  park  in  said  city,  shall  hereafter  be  published  in  the 
City  Record  or,  when  authorized  pursuant  to  the  provisions  of 
section  sixty-six  of  this  act,  in  not  more  than  two  daily  news- 
papers. Whenever  hand-bills  now  are  or  hereaf  ter  may  he  re- 
quired by  law  to  be  posted  in  any  such  proceeding,  they  shall  be 
posted  and  affixed  with  pasto  or  other  adhesive  substance  in 
three  conspicuous  places  upon  or  near  the  lands  to  be  taken  in 
such  proceedings,  and  proof  of  such  posting  shall  be  sufficient 
evidence  without  further  proof  of  said  notice  having  remained 
posted  during  the  whole  of  the  period  required  by  law. 

§  1007.  It  shall  he  unlawful  to  open  any  streets  or  roads  J?n  c,,-3 8K 

1  •  "  Comp.  010. 

through  the  grounds  belonging  to  the  corporation  of  St.  John's  st .  jm.n  s 

College 

College,  in  its  actual  occupation  or  use  in  the  Twenty-fourth 
ward,  at  what  was  formerly  known  as  Fordham. 

§  100S.  Nothing  contained  in  this  title  shall  be  construed  as 
affecting  any  provision  of  special  acts  relating  to  particular  dis- 
tricts or  portions  of  the  city,  so  far  as  such  provisions  are  incon- 
sistent with  the  provisions  of  this  title. 

Title  6.— Closing  Streets,  Avenues,  etc. 

§  1009.  The  board  of  street  openings  and  improvements  is  comp.'eif.510'' 
authorized  and  empowered  to  close  all  streets  and  avenues,  closing  of 

1  «  '  streets. 

or  such  parts  thereof  as  they  may  deem  for  the  public  interest 
so  to  do,  in  that  part  of  the  city  south  of  Fifty-ninth  street, 
and  to  direct  the  counsel  to  the  Corporation  to  take  such  proceed- 
ings in  the  name  of  the  mayor,  aldermen,  and  commonalty  for  the 
closing  of  such  streets  or  avenues,  or  parts  thereof,  as  are  pro- 
vided by  law,  who  shall  thereupon  apply  to  the  supreme  court 
for  the  appointment  of  commissioners  of  estimate  and  assess- 
ment in  the  matter  of  the"  closing  of  said  street,  avenue,  or  part 
thereof,  in  the  manner  provided  by  law.    And  said  board  is 
also  authorized  and  empowered  to  discontinue  any  and  all  legal  p^eS^ 
proceedings  taken  for  closing  streets  or  avenues,  or  parts  of  mayblts 
streets  or  avenues,  south  of  Fifty-ninth  street,  at  any  time  be-  <liscontinued 
fore  the  confirmation  of  the  report  of  the  commissioners  of 
estimate  and  assessment  in  such  proceedings,  if,  in  the  opinion 
of  said  board,  the  public  interest  requires  such  discontinuance, 
and  with  power  to  cause  new  proceedings  to  be  taken  in  such  Sard'1"  of 
cases  for  the  appointment  of  new  commissioners.     A  majority 


C0MHIS8I0KEKS  TO  HAKE  ESTIMATE 


[819,  ch.  818,11, 
(,'omp.  (il'J. 

Proceedings 
regulated  in 
ease  roads.etc. 
are  closed. 


Estimate  of 
loss  and 
damage. 


Repoit. 


Power  of  the 
supreme  court, 
therein. 


of  .said  board  shall  constitute  a  quorum,  but  the  vote  of  a  ma- 
jority of  all  the  members  thereof  shall  be  necessary  to  any  act 
of  said  board. 

§  1010.  It  shall  be  lawful  for  the  mayor,  aldermen,  and  com- 
monalty of  the  city  of  New  York,  from  time  to  time,  whenever 
they  shall  judge  proper,  to  cause  application  to  bo  made  to  the 
supreme  court  of  this  State,  for  the  appointment  of  commis- 
sioners for  the  purpose  of  performing  the  duties  hereinafter 
prescribed  ;  and  upon  such  application  it  shall  be  lawful  for  the 
said  court  to  whom  such  application  shall  be  made,  to  nominate 
and  appoint  three  discreet  and  disinterested  persons  commis- 
sioners of  estimate,  for  the  purpose  of  performing  the  duties 
hereinafter  prescribed  ;  which  said  commissioners,  before  they 
enter  upon  the  performance  of  the  duties  of  their  appointment, 
shall  severally  take  and  subscribe  an  oath  or  affirmation  before 
some  person  authorized  by  law  to  administer  an  oath,  "  faith- 
fully to  perform  the  trust  and  duties  required  of  them  by  this 
title,"  which  oath  or  affirmation  shall  be  filed  in  the  clerk's 
office  of  the  city  of  New  York  ;  and  it  shall  be  the  duty  of  the 
said  commissioners,  as  soon  as  conveniently  may  be  after  their 
appointment,  to  make  a  just  and  true  estimate  of  the  loss  and 
damage  to  the  respective  owners,  lessees,  parties,  and  persons 
respectively  entitled  unto,  or  interested  in,  any  lands,  tenements, 
hereditaments,  or  premises,  by  or  in  consequence  of  closing  any 
road,  street,  lane,  or  alley,  or  any  part  of  anyroad,  street,  lane, 
or  alley,  and  converting  the  same  to  the  use  of  the  said  mayor, 
aldermen,  and  commonalty,  and  to  report  thereon  to  the 
said  supreme  court  without  "unnecessary  delay,  and  in  the 
said  report  the  commissioners  who  shall  make  the  same 
shall  set  forth  the  names  of  the  respective  owners,  lessees, 
parties,  and  persons  aforesaid  entitled  unto,  or  interested  in,  the 
lands,  tenements,  hereditaments,  and  premises  aforesaid,  and 
each  and  every  part  and  parcel  thereof,  as  far  forth  as  the  same 
shall  be  ascertained  by  them,  and  an  apt  and  sufficient  designa- 
tion or  description  of  the  same  ;  but  in  each  and  every  case  and 
cases,  when  the  owners  and  parties  interested,  or  their  respective 
estates  and  interests,  are  unknown  or  not  fully  known  to  the 
said  commissioners,  it  shall  be  sufficient  for  them  to 
estimate  and  set  forth  and  state  in  their  said  report, 
in  general  terms,  the  respective  sums  to  be  allowed  and 
paid  to  the  owners  and  proprietors  generally,  of  such  lands, 
tenements,  hereditaments,  and  premises,  for  the  loss  and 
damage  to  such  owners,  proprietors,  and  parties  interested, 
in  respect  to  the  whole  estate  and  interest  of  whomsoever 
may  be  entitled  unto,  or  interested  in  the  same,  by  and  in 
consequence  of  closing  any  such  road,  street,  lane  or  alley, 


COMMISSIONERS  TO  MAKE  ESTIMATE 


or  any  part  of  any  road,  street,  Lane,  or  alley,  without  specify- 
ing the  names  or  the  estates  or  interests  of  such  owners, 
proprietors,  and  parties  interested,  or  any  of  them,  in  the 
premises  aforesaid  :  and  upon  the  coining  in  of  the  said  report, 
signed  hy  the  said  commissioners,  6r  any  two  of  them,  the  said 
court  shall,  by  rule  or  order,  after  hearing  an\  matter  which 
may  he  alleged  against  the  same,  either  confirm  the  said  report 
or  refer  the  same  to  the  same  commissioners  for  revisal  and 
correction,  or  to  new  commissioners  to  lie  appointed  by  the  said 
'court,  to  reconsider  the  suhject -matter  thereof:  and  the  said 
commissioners  to  whom  the  said  report  shall  he  so  referred,  shall 
return  the  said  report  corrected  and  revised,  or  a  new  report  to 
he  made  hy  them  in  the  premises,  to  the  said  court,  without 
unnecessary  delay  ;  and  the  same,  on  being  so  returned,  shall  he  ii.-nli'.'.-'m!^1'1 
confirmed,. or  again  referred  by  the  said  court,  in  manner  afore-  road  etc 
said,  as  right  and  justice  shall  require,  and  so  from  time  to  time, 
until  a  report  shall  be  made  or  returned  in  the  premises,  which 
the  said  court  shall  confirm,  and  such  report,  when  so  confirmed 
hy  the  said  court,  shall  he  final  and  conclusive,  as  well  upon  the 
said  mayor,  aldermen,  and  commonalty  of  the  city  of  New  York, 
as  upon  the  owners,  lessees,  and  persons  and  parties  interested 
in,  and  entitled  unto,  the  lands,  tenements,  hereditaments,  and 
premises  mentioned  in  the  said  report,  and  also  upon  all  other 
persons  whomsoever,  and  on  such  final  confirmation  of  such 
report  by  the  said  court,  the  mayor,  aldermen,  and  commonalty 
of  the  city  of  New  York  shall  become,  and  be  seized  in  fee 
simple,  absolute,  of  all  such  roads,  streets,  lanes,  and  alleys,  or 
parts  of  such  roads,  streets,  lanes  or  alleys,  as  they  may  pray 
to  have  closed  in  the  application  which  they  may  make  as  afore- 
said :  And  thereupon  thesaid  mayor,  aldermen,  and  commonalty, 
or  any  person  or  persons  acting  under  their  authority,  may  at 
any  time  or  times  thereafter  take  the  sole  and  exclusive  posses- 
sion of  the  same. 

§1011.  The  said  commissioners  of  estimate,  to  he  appointed  e^p11^13,  **• 
under  and  by  virtue  of  this  title,  after  completing  their  said  Transcript  of 
estimate,  and  at  least  fourteen  days  before  they  make  their  report  t"  be  deposited, 
to  the  said  court,  shall  deposit  a  true  copy  or  transcript  of  such 
estimate,  in  the  clerk's  office  in  the  city  of  New  York,  for  the 
inspection  of  whomsoever  it  may  concern,  and  shall  give  notice  Noticetoo6 
hy  advertisement,  to  be  published  in  the  City  Record  or,  when  n>"j,,'lsl"''1  Bnd 
authorized  pursuant  to  section  sixty-six  of  this  act.  in  two  of 
the  public  newspapers  printed    in    said  city,   of  the  said 
deposit  thereof  in  the  said  office,  and  of  the  day  on  which  their 
report  will  be  presented  to  the  said  court,  and  any  person  and 
persons,  whose  rights  may  lie  affected  thereby,  and  who  shall 
object  to  the  same,  or  any  part  thereof,  may  within  ten  days 


I'AVMKNT  OF  AWAKItS. 


after  tho  first  publication  of  the  said  notice,  stale  liis,  her.  or 
their  objections  to  the  same  in  writing,  to  the  said  commission 

•  ors,  and  the  said  commissioners,  or  such  of  thera  as  shall  make 
such  estimate,  in  case  any  objections  shall  he  mad.-  to  the  same, 
and  stated  in  writing  as  aforesaid,  shall  reconsider  their  said 
estimates,  or  the  part  or  parts  thereof  so  objected  to,  and  in  case 
the  same  shall  appear  to  them  to  require  correction,  hut  ooi 
otherwise,  they  shall  and  may  correct  the  same  accordingly. 

j!JoMnp?Mb.         ^  f'1*'  said  mayor,  aldermen,  and  commonality  shall, 

(•..n-oration t..   within  four  months  after  the  conlirniation  of  the  report  of  the 

|iny  the  kiiiiis  1 

uBsoKsed.  commissioners  in  the  premises,  by  the  court,  pay  to  the  n  Bpec 
<as"'.'r  ii'.^i,".,  tive  persoijs  and  parties  mentioned  or  referred  to  in  said  report, 
pay.  '  "  in  whose  favor  any  sum  or  sums  of  monc\  shall  be  estimated 
and  reported  by  the  said  commissioners,  the  respective  sum.  or 
sums  so  estimated  and  reported  in  their  favor  respectively  ;  and 
in  ease  of  neglect  or  default  in  the  payment  of  the  same  within 
the  time  aforesaid,  the  respective  person  or  persons,  or  party  or 
parties,  in  whose  favor  the  same  shall  be  so  reported,  his,  her, 
or  their  executors,  administrators,  or  successors,  at  any  time  or 
iiilies  after  application  first  made  by  him,  her  or  them, 
to  the  said  mayor,  aldermen,  and  commonalty  for  payment 
thereof,  may  sue  for  and  recover  the  same,  with  lawful  interest, 
from  and  after'  the  said  application  therefor,  and  the  costs  of 
suit,  in  proper  form  of  action,  against  the  said  mayor,  alder- 
men, and  commonalty,  in  any  court  having  cognizance  thereof, 
and  the  report  of  the  said  commissioners,  with  proof  of  the 
right  and  title  of  the  plaintiff  and  plaintiffs  to  the  sum  or 
sums  demanded,  shall  be  conclusive  evidence  in  such  suit  or 
action. 

1818,  ch.  as,  §4.  £1013.  Whenever  the  owners  and  proprietors  of  any  such 
where  owners  lands,  tenements,  hereditaments,  and  premises,  to  be  taken  by 
femes  covert,  virtue  of  this  title,  or  the  party  or  parties,  person  or  persons, 
interested  therein,  or  any  or  either  of  them,  the  said  owners, 
proprietors,  parties  or  persons,  in  whose  favor  any  such  sum  or 
sums  or  compensation  shall  be  so  reported,  shall  be  under  the 
age  of  twenty-one  years,  non  compos  mentis,  feme  covert,  or 
absent  fr6m  the  city  of  New  York,  and  also  in  all  cases,  where 
the  name  or  names  of  the  owner  or  owners,  party  or  persons 
entitled  unto,  or  interested  in  any  lands,  tenements,  heredita- 
ments, or  premises  that  may  be  so  taken,  shall  not  be  set  forth 
or  mentioned  in  the  said  report,  or  where  the  said  owners,  party 
or  persons  respectively,  being  named  therein,  cannot,  upon  dili- 
gent inquiry,  be  found,  it  shall  be  lawful  for  the  said  mayor, 
aldermen,  and  commonalty  to  pay  the  sum  or  sums  mentioned 

*  in  the  said  report,  payable,  or  that  would  be  coming  to  such 
owners,  proprietors,  parties  and  persons  respectively,  into  the 


PROVISIONS  AS  TO  COMMISSIOXKUS. 


supreme  court,  to  be  secured,  disposed  of,  and  improved  as  tho 
said  court  shall  direct,  and  such  payment  shall  he  as  valid  and 
effectual  in  all  respects  as  if  made  to  the  same  owners,  pro- 
prietors, parties  and  persons  respectively,  themselves,  according 
to  their  just  rights,  if  they  had  been  known  and  had  all  been 
pX£S8ntj  Of  full  age.  discovert,  and  compos  mentis  ;  and  provided  J1:,V',\','';lsva"1l.''r' 
also,  that  in  all  and  in  each  and  every  case  and  cases,  where  J""' '..i.'JifiSd1- 
any  such  sum  or  sums  or  compensation  so  to  be  reported  by  the 
said  commissioners,  in  favor  of  any  person  or  persons  and  party 
or  parties  whatsoever,  whether  named  or  not  named  in  the  said 
report)  shall  be  paid  to  any  person  or  persons,  or  party  or 
parties  whomsoever,  where  the  same  shall  of  right  belong,  and 
ought  to  have  been  paid  to  some  other  person' or  persons,  or 
party  or  parties,  it  shall  be  lawful  for  the  said  person  or  per- 
sons, or  party  or  parties,  to  whom  the  same  ought  to  have  been  , 
paid,  to  sue  for  and  recover  the  same,  with  lawful  interest  and 
costs  of  suit,  from  the  person  or  persons,  party  or  parties,  to 
whom  the  same  shall  have  been  paid,  as  so  much  money  had 
and  received  to  the  use  of  the  said  plaintiff  or  plaintiffs,  by  the 
person  or  persons,  party  or  parties  respectively,  to  whom  the 
^ame  shall  have  been  so  paid. 

1014.  In  case  of  the  death,  resignation,  or  refusal  to  act  of  Jjj**;0'^8' 
any  such  commissioners  of  estimate,  to  be  appointed  under  and  v  acaneies  in 
by  virtue  of  this  title,  it  shall  and  may  be  lawful  for  the  court  how  filled.  ' 
aforesaid,  or  any  one  of  the  justices  thereof,  on  the  application 
of  the  mayor,  aldermen,  and  commonalty  of  the  city  of  New 
York,  as  often  as  such  event  shall  happen,  to  appoint  a  discreet 
and  disinterested  person,  being  a  citizen  of  the  said  city  of  New 
York,  in  the  place  and  stead  of  such  commissioner  so  dying, 
resigning,  or  refusing' to  act,  and  the  surviving  or  acting  com- 
missioners, as  the  case  may  be,  shall  have  full  power  to  proceed 
in  the  execution  of  the  duties  of  their  appointment,  until  a  suc- 
cessor of  the  commissioner  so  dying,  resigning,  or  refusing  to 
act  shall  be  appointed. 

§  1016.  In  all  and  every  case  of  the  appointment  of  commis-  1,1  $6- 
sioners  under  this  title,  it  shall  be  competent  and  lawful  for  any  commit. !n.  i- 
two  of  such  said  commissioners  so  to  be  appointed,  to  pVoceed  to 
.  and  execute  and  perform  the  trust  and  duties  of  their  said 
appointment,  and  their  acts  shall  be  as  valid  and  effectual  as  the 
acts  of  all  the  commissioners  so  to  be  appointed,  if  they  had 
acted  therein  would  have  been ;  and  further,  in  all  cases  the 
acts,  proceedings,  and  decisions  of  a  major  part  of  such  of  the 
commissioners  as  shall  be  acting  in  the  premises,  shall  be  as 
binding,  valid,  and  effectual  as  if  the  said  commissioners  named 
and  appointed  for  such  purpose  had  all  concurred  and  joined 
therein.  • 


394 


1'ItOYlsioN.s  as  To  COMMISSIONERS. 


£101*1.  The  commissioners  to  be  appointed  under  and  by 
to'!"V,m!i"''''''  virtue  oi"  this  title,  who  shall  filter  upon  the  duties  of  their 
appointment,  shall  each  he  entitled  to  receive  the  sum  of  not 
more  than  four  dollars,  besides  all  reasonable  expenses  for 
maps,  surveys,  clerk  hire,  and  other  necessary  expenses  and  dis- 
bursements, for  each  day  they  shall  respectively  be  actually 
employed  in  the  duties  of  their  appointment,  and  the  same 
shall  be  paid  by  the  mayor,  aldermen,  and  commonalty  of  the 
city  of  New  York. 

£  1017.  The  provisions  of  sections  eight  hundred  and  sixty 
nine  and  eight  hundred  and  seventy-one  of  this  act  shall  apply 
io  proceedings  under  this  title  in  the  same  manner  as  if  the  com- 
mis>ioners  were" therein  named  instead  of  assessors. 
w.j8.  jj  io]  v    Whenever  and  as  often  as  the  mayor,  aldermen,  and 

lu,",' jjwen? l  '  commonalty  of  the  city  of  New  York  shall  l>e  desirous  to  open, 
lay  out.  or  form  any  street  or  public  place,  or  to  extend,  enlarge, 
straighten,  alter,  or  otherwise  improve  any  street  or  public 
place,  which  shall  be  contiguous  to,  or  in  the  neighborhood  of 
any  lot  of  ground  fronting  on  any  street  or  part  of  a  street, 
which  they  may  pray  to  liave  closed  as  aforesaid,  then  it  shall 
be  lawful  for  them  to  unite  in  such  application  as  aforesaid,  an 
application  to  the  said  court  to  open,  lay  out,  and  form  any  such 
street  or  public  place,  or  to  extend,  enlarge,  straighten,  alter,  or 
otherwise  improve  any  such  street  or  public  place,  in  pursuance 
of  the  provisions  of  title  five  of  this  chapter. 
1MB,  oIlms,  §!>.  fj  1019.  When  applications  to  close  and  to  open,  extend,  enlarge. 
Duty  and  pro-  straighten,  or  alter  any  street,  lane,  alley,  or  public  place,  shall 
commissioners,  be  united  in  the  same  application  as  aforesaid,  it  shall  be  the 
duty  of  the  said  commissioners  to  proceed  to  and  make  a  just 
and  equitable  estimate  and  assessment  of  the  loss  and  damage, 
if  any,  over  and  above  the  benefit  and  advantage,  or  of  the 
benefit  and  advantage,  if  any,  over  and  above  the  loss  and 
damage,  as,  the  case  may  be,  to  the  respective  owners,  lessees, 
parties,  and  persons  respectively  entitled  unto  or  interested  in 
the  lands,  tenements,  hereditaments  and  premises  fronting  on 
any  road,  street,  lane,  or  alley,  which  application  may  be  made 
to  close  as  aforesaid,  by  and  in  consequence  of  closing  any  such 
road,  street,  lane  or  alley,  or  opening,  extending,  enlarging, 
straightening  or  altering  any  such  street  or  public  place  ;  and  it 
shall  not  be  lawful  for  the  said  owners,  lessees,  parties,  and  per- 
sons, respectively  as  aforesaid,  to  recover  from  the  said  mayor, 
aldermen  and  commonalty  any  larger  sum  on  account  of  the 
premises  than  the  sum  so  estimated  to  be  their  loss  and  damage 
over  and  above  their  benefit  and  advantage.  _  • 

w  §io.  §  1020.  When  applications  shall  be  joined  as  aforesaid  it  shall 

deduced  from  be  the  duty  of  the  said  commissioners  to  deduct  .from  the 

benefit. 


« 


I'lT.l.H    SCllOoLs.  396 

amount  of  the  damages  which  may  he  sustained  hy  and  in  con 
sequence  of  opening,  laying  out,  and  forming  any  street  or  pub- 
lic place,  or  extending,  enlarging,  straightening,  altering,  or 
otherwise  improving  any  street  or  public  place,  the  amount 
which  the  road,  street,  lane  or  alley  may  he  worth,  if  any,  over 
and  ahove  the  sum  which  the  said  mayor,  aldermen  and  com- 
monalty may  lie  required  to  pay  for  the  same  as  aforesaid,  and 
to  assess  that  sum  upon  the  said  mayor,  aldermen  and  common- 
alty, or  if  the  sum  which  they  shall  he  required  to  pay  for  the  *'»•;;, »;™' 
same  as  aforesaid  shall  exceed  the  value  of  the  same,  then  it  tion- 
shall  he  the  duty  of  the  said  commissioners  to  award  to  the  said 
mayor,  aldermen  and  commonalty  the  amount  of  such  deficiency, 
and  to  assess  the  same  upon  the  property  of  those  which  may  he 
benefited  as  aforesaid. 

§  1021.  In  all  cases  when  no  part  of  any  lot  or  parcel  of  land,  Jv.v,!,^,,,,  ,,,,. 
or  other  premises  under  lease  or  other  contract,  shall  he  con-  I'lS^ni 
tiguous  to  any  road,  street,  lane  or  alley,  after  the  closing  of  a  otJa^JjjS. 
road,  street,  lane  or  alley  as  aforesaid,  all  the  covenants,  con- 
tracts, and  agreements  between  landlord  and  tenant,  or  any 
other  contracting  parties  touching  the  same  or  any  part  thereof, 
shall,  upon  the  confirmation  of  such  report  in  the  premises,  hy 
the  said  court,  respectively  cease  and  determine,  and  he  abso- 
lutely discharged. 


a»-.-/.  5  2  Vi  G  3 

CHAPTER  XVII. 

Education. 

Title  1.  —  The  Public  Schools  and  their  Management '. 

§  1022.  There  shall  he  in  the  city  of  New  York  a  hoard  of  ifoomp.1^?12, 

education,  which  shall,  under  that  designation,  have  full  control  Bpardpi 
'  o  7  education. 

of  the  puhlic  schools  and  the  puhlic  school  system  of  the  city, 
subject  only  to  the  general  statutes  of  the  State  upon  education. 
Said  hoard  shall  consist  of  twenty-one  commissioners  of  com- 
mon schools,  appointed  by  the  mayor.  On  the  third  Wednesday  w.  S3- 
of  November,  in  every  year,  the  mayor  shall  appoint  seven  com-  when*8 
missioners  of  common  schools,  who  shall  take  office  on  the  first 
day  of  January  next  succeeding,  and  hold  office  for  the  term  of 
three  years.  Any  vacancy  in  the  said  office  of  commissioners  'of 
common  schools,  hy  death,  resignation,  or  otherwise,  shall  he 
filled  by  appointment  by  the  mayor  for  the  remainder  of  the 
unexpired  term.  Said  commissioners  shall  hold  no  other  office 
of  emolument  under  either  the  citv.  State,  or  national  govern- 


appointed. 


Vacancies,  etc. 


39d 


Till-:  SCHOOL  DISTIMOTS. 


1871, eh.  112.  Ji. 
<  'on*  p.  787. 

School  dis- 
tricts. 


1M73.  oh.  618,  ft, 
us  amended 
1874,  ch.  880, 
Oomp.  73u. 
1873.  oh.  112,  J". 
Oomp.  788. 
Inspectors  to 
In-  appointed 
t  p  %  mayor. 
Vacancies,  how 
filled. 


1878,  ch.  118,  Sfi 
as  amended 
ikt.».  duSffl,  |1, 
I'omp.  788. 


Vaoaneie 


1851,  eh.  386,  §2. 

as  amended 
185-1,  ch.  101.  gs, 
Comp.  740. 
Board  of 
education. 


1873,  ch.  Hi  ft. 
Comp.  738. 


Powers  aud 
duties. 

55  How.  170;  12 
Hun.  073;  00  N. 
Y.  585  ;  3  Hun. 
35:  See  1873.  ch. 
112.  82. 


ments,  except  the  offices  of  notary  public  and  commissioner  oi 
deeds. 

,s'  Krj:».  The  city  of  New  York  is  hereby  divided  into  eight 
school  districts,  as  follows: 

First  district— First,  second,  third,  fourth,  fifth,  sixth,  and 
eighth  wards. 

Second  district — Seventh,  tenth,  thirteenth,  and  fourteenth 
wards. 

Third  district— Ninth  and  sixteenth  wards. 
Fourth  district    FJeventh  and  seventeenth  wards 
Fifth  district — Fifteenth  and  eighteenth  wards. 
Sixth  district    Twentieth  and  twenty-first  wards. 
Seventh  district— Twelfth,  nineteenth,  and  t wenty-seeond 
wards. 

Eighth  district — Twenty-third  and  twenty-fourth  wards. 

>j  1"24.  On  the  third  Wednesday  of  Novemher  in  every  year, 
the  mayor  shall  appoint  in  each  school  district  one  inspector  of 
common  schools,  who  shall  take  office  on  the  first  day  of  Jan- 
uary next  succeeding,  and  hold  office  for  the  term  of  three  years. 
Any  vacancy  in  said  office  of  inspector  of  common  schools,  by 
death,  resignation,  or  otherwise  shall  he  tilled  hy  the  mayor  for 
the  unexpired  term. 

§  1($25.  On  the  first  Wednesday  in  Decern  her  in  each  year, 
the  hoard  of  education  shall  appoint  one  trustee  for  each  ward, 
to  hold  office  for  the  term  of  five  years  from  the  first  day  of 
January  then  next.  Said  trustees  shall  he  residents  of  the  ward 
for  which  they  are  severally  appointed.  Any  vacancy  in  the 
said  office  of  trustee  of  common  schools,  hy  death,  resignation, 
or  otherwise,  shall  he  filled  hy  the  hoard  of  education  for  the  un- 
expired term. 

§  1020.  The  members  of  the  board  of  education  shall  meet  on 
the  second  Wednesday  of  January  in  each  year  for  the  purpose 
of  organization,  and  thereafter,  for  the  transaction  of  business., 
as  often  as  they  may  determine  ;  they  shall  elect  one  of  their 
number  president,  and  shall  appoint  a  clerk,  and  as  many  assist- 
ant clerks  and  other  officers  for  the  transaction  of  the  business 
of  the  board  as  may  be  necessary,  who  shall  severally  hold  their 
offices  during  the  pleasure  of  the  board,  and  whose  respective 
duties,  powers,  and  compensation  shall  be  regulated  and  deter- 
mined by  the  board.  Said  board  shall  have  full  control  of  the 
public  schools  and  public  school  system  of  the  city,  subject  only 
to  the  general  statutes  of  the  State  upon  education. 
§  1027.  The  board  of  education  shall  have  power  : 
1.  To  take  and  hold  property,  both  real  and  personal,  devised 
or  transferred  to  it  for  the  purpose  of  public  education  in  the 
city  of  New  York. 


POWERS  OF  BOARD  OF  EDUCATION. 


To  appoint  a  city  superintendent  <»!'  schools,  and  one  or  '■•  N  J  Bupi 

*  ,  .  looj  M  N .  V 

more  assistant  superintendents,  and  also  a  superintendent  of 

"  1  I  Alili,  N  (     il , 

school  buildings,  whose  respective  duties,  powers,  salaries,  and  ,' '' ,p  ' 
terms  of  office,  except  as  herein  otherwise  provided,  sliall  he  em  •.,„.. .,■■„ 
regulated  and  determined  by  the  hoard  of  education  :  and  to  HiiatanU. 
employ,  under  thi'  superintendent  of  school  buildings,  necessarj 
Workmen,  and  provide  necessary  materials  for  repairing,  altering, 
and  enlarging  school  or  other  buildings  ;  but  this  provision  shall 
not  be  construed  to  compel  the  trustees  of  any  ward  to  use  or 
employ  such  workmen  or  materials  for  any  purpose  whatever. 

3.  To  appoint  principals  and  vice-principals  for  the  grammar, 
primary,  and  evening  schools  under  its  control,  upon  the  writ-  SrtJgK&'efc 
ten  nomination  of  a  majority  of  the  trustees  of  the  ward,  stat-  Ji!;;;'!,^",','.',!";,",.. 
ing  that  the  nomination  was  agreed  to  at  a  meeting  of  the  board 

of  trustees,  at  which  a  majority  of  the  whole  number  in  office 
were  present.  In  case  the  persons  nominated  for  the  positions 
of  principal  or  vice-principal  by  the  trustees,  as  hereinabove 
provided,  are  not  appointed  by  the  board  of  education  within 
twenty  days  after  their  nomination,  the  said  board  of  education 
shall,  after  the  expiration  of  that  time,  have  the  sole  power  to 
select  and  appoint  such  principal  or  vice-principal  as  said  board 
may,  by  a  majority  of  the  whole  number  in  office,  at  a  general 
meeting  or  a  special  meeting  called  for  that  purpose,  determine. 

4.  To  discontinue  any  school  whenever,  owing  to  any  nui-  jll1;^]!^*]^, 
sauce  or  other  circumstance  in  the  immediate  vicinity  of  any  ^ch^w 

school,  or  to  the  small  attendance  of  scholars  therein,  or  other  i'is.-.,niinii« 

•j  ii     i        t  oon of  scnoob. 

sufficient  reason,  it  shall  appear  to  the  board  of  education  neces- 
sary and  proper.  But  before  discontinuing  any  school,  the  said 
board  shall  give  notice  to  the  trustees  of  the  ward  of  its  inten- 
tion to  consider  the  propriety  of  such  discontinuance,  and  in 
thirty  days  after  such  notice  may  proceed  to  investigate  the 
matter,  and  if  a  maiority  of  the  school  officers  of  the  ward 
shall  consent  to  the  same,  and  if  the  said  board  shall  determine 
hy  a  vote  of  a  majority  of  all  the  members  thereof,  that  it  is 
proper  to  close  the  same,  it  shall  be  the  duty  of  said  board  to 
withhold  all  moneys  which  may  have  been  apportioned  or  appro- 
priated for  the  support  of  said  school,  and  the  said  school  shall 
not  thereafter  participate  in  any  subsequent  apportionment 
of  the  school  moneys.  So  soon  as  the  same  shall  take  effect, 
the  comptroller  of  the  city  shall  be  notified  thereof  by  the  said 
board,  and  the  said  school-house  and  site  may  thereupon  be  used 
or  disposed  of  as  a  part  of  the  general  property  of  the  city. 

5.  To  draw  from  the  moneys  which  shall  be  raised  for  the  '^m^cT  J" 
purposes  of  public  education  such  sums  as  may  be  required  for  fo5^02aon!b' 
the  purpose  of  defraying  the  necessary  incidental  expenses  of 

the  board,  and  such  further  sums  as  may  be  required  for  the 


i'OWKRS  OF  HOAKJ)  OF  KDLX'ATIOX. 


I  .  Y  M 1 1 1 1 1  Jll  t  i<  >)  1  Of 

schools, 


Rules  0(  order, 
etc. 


[Tree  academy, 
nml  additional 
institutions. 


Hall  of  the 
board. 


1SC3,  eh.  473.  S3. 
Comp.  TOO. 
1871,  ch.  574. 
$100,  subd.  2, 
Comp.  757. 

Personal 
property. 


1851,  ch.  380.  $8, 
ns  amended 
I864,ch.351,§13. 
Comp.  741. 
In  what  cases 
school  officers 
to  be  removed. 
3  Hun.  177;  17 
Abb.  301. 


payment  of  the  salaries  of  such  clerk  and  other  Officers  B  l  Mia;, 
bo  appointed  by  virtue  of  the  authority  vested  in  the  board,  and 
of  such  other  expenses  as  maybe  necessarily  incurred  by  1 1n- 
board in  pursuance  of  the  provisions  of  this  chapter. 

To  Visit  and  examine  the  schools  subject  to  the  provisions 
of  this  chapter. 

7.  To  make  rules  of  Order  and  bydaws  for  the  government  of 
the  board,  its  members  and  committees,  and  general  regulation- 
to  secure  proper  economy  and  accountability  in  the  expenditure 
of  the  school  moneys. 

8.  To  organize  an  institution  for  females  similar  to  the  free 
academy,  as  the  same  existed  in  eighteen  hundred  and  fifty-one. 
When  so  organized,  all  the  provisions  of  this  chapter  relative  to 
the  free  academy  shall  apply  to  each  and  every  one  of  the  said 
institutions  now  existing  or  hereafter  established  fully,  com 
pletely,  and  distinctly  as  they  could  or  would  if  it  was  the  only 
institution  of  the  kind:  to  distinguish  each  existing  and  future 
institution  by  an  appropriate  title;  and  to  purchase,  erect,  or 
lease  sites  and  buildings  for  each  and  all  of  the  said  institutions, 
provided  that  no  additional,  institution  shall  be  authorized  or 
organized  by  the  board  of  education  unless  a  majority  of  the 
whole  number  of  members  of  the  said  board  shall  vote  in  favor 
thereof. 

;>.  To  use  and  control  the  premises  known  as  the  hall  of  the 
board  of  education,  at  the  corner  of  Grand  and  Elm  streets:  to 
direct  the  purposes  for  which  the  same  may  be  occupied,  and  t<» 
make  all  the  repairs,  alterations,  and  additions  in  aiid  to  the  same 
which  the  board  may  deem  advisable;  and  to  provide  such  addi- 
tional sites  and  buildings  as  may  be  necessary  for  the  purposes 
of  this  chapter,  the  title  of-  which  shall  in  all  cases  be  vested  in 
the  mayor,  aldermen,  and  commonality  of  the  city  of  New 
York,  but  no  such  additional  site  or  building  shall  be  provided 
except  with  the  consent,  by  vote,  of  three-fourths  of  all  the 
members  of  said  board.  , 

10.  To  dispose  of  such  personal  property,  used  in  the  school 
or  other  buildings  under  the  charge  of  the  board,  as  the  trustees 
or  committees  having  the  immediate  charge  thereof  shall  cer- 
tify is  no  longer  required  for  use  therein,  and  all  moneys  real- 
ized by  the  sale  of  any -such  property  shall  be  paid  into  the  city 
treasury. 

11.  To  remove  from  office  any  school  officer  who  shall  have" 
been  directly  or  indirectly  interested  in  the  furnishing  of  any 
supplies  or  materials,  or  in  the  doing  of  any  work  or  labor,  or 
in  the  sale  or  leasing  of  any  real  estate,  or  in  any  proposal, 
agreement,  or  contract  for  any  of  these  purposes,  in  any  case  in 
which  the  price  or  consideration  is  to  be  paid,  in  whole  or  in 


POWKliS  OK  HO  A  If  I)  <»|    KDl  (  ATlo.V 


pail,  or  directly  or  indirectly,  out  of  any  school  moneys,  or  who 
shall  havo  received,  from  any  source  whatever,  any  commission, 
or  other  compensation  in  connection  with  any  of  the  matters 
aforesaid;  and  any  school  officer  who  shall  violate  the  preceding 
provisions  of  this  section  shall  he  deemed  guilty  of  ;i  misde-  When guilty ot 

...  .  misdemeanor. 

meanor,  and  upon  conviction  thereol,  shall  he  punished  hy  a 
tine  not  exceeding  one  thousand  dollars,  and  imprisonment  in 
the  city  prison  not  exceeding  one  year,  and  shall  also  be  ineli- 
gible to  any  school  office.  The  hoard  shall  also  have  power  to  Bowtnuurn 
remove  from  office  any  school  officer  who  shall  have  heen  guilty  «-•  •».-! 
of  immoral  or  disgraceful  conduct  in  any  matter  connected 
with  DIB  official  duties,  or  which  tends  to  discredit  his  office  or 
the  school  svstem.    If  one  or  more  school  officers  or  tax-pavers  si,.,n  n,.a. 

J  x    •/  Investigation. 

of  the  city  of  New  York,  shall  present  a  written  charge  to  the 

hoard  of  education,  accusing  any  school  officer  of  a  violation  of, 

or  liahility  to,  any  of  the  provisions  of  this  section,  it  shall  be 

the  duty  of  the  said  hoard  to  cause  the  same  to  he  fully  invest i 

gated.    All  testimony  taken  upon  anv  sue  h  investigation  shall  c.mon  pims 

0  1  *  0  ,  may  compel 

he  under  oath;  and  the  court  of  common  pleas  shall  have  power,  J^SS?1*0 
upon  the  application  of  the  board.of  education,  to  compel  any 
witness  who  may  he  summoned  to  appear  and  testify  before  the 
said  hoard  or  any  committee  thereof. 

12.  Whenever  it  shall  appear  to  the  hoard  of  education,  that  >*w.  <-•>  ™ 

'  ,  Comp.  Tj6. 

tin1  trustees  of  any  ward  are  neglecting  any  school  under  their  proceedings  on 
control  to  the  detriment  of  the  pupils  in  said  school,  to  take  "nwtees? 
charge  of  such  school,  to  manage  the  same,  to  furnish  all  need- 
ful supplies  and  to  appoint  the  proper  teachers  therefor,  until 
the  first  day  of  January  next  succeeding.  But  the  said  board  of 
education  shall  not  take  charge  of  any  such  school  on  account 
of  any  alleged  neglect  until  the  board  of  trustees  of  the  ward  in 
which  said  school  is  situated  shall  first  have  been  notified  of  the 
neglect  charged,  and  have  an  opportunity  to  be  heard  before  said 
board  or  its  committees  on  the  subject. 

13.  With  the  consent  of  a  majority  of  the  trustees  for  the  km. <*.»», §«. 

"        •>  as  amended 

ward,  or  without  such  consent,  bv  a  vote  of  two-thirds  of  the  i«M,ch;.v.i.ji:. 

*  Comp.  <j1. 

board  of  education,  to  discontinue  any  grammar,  primary,  even-  when  school 
ing,  or  colored  school;  and  the  said  board  may  also  authorize  the  uniLi.  M*~< 
establishment  of  a  new  school,  upon  the  written  application  of  a  ^wS&S1 
majority  of  the  trustees  for  the  ward.    It  shall  be  the  duty  of  (^fdneon>n'p1plr 
the  board  of  education  to  decide  finally  upon  every  such  appli-  ^ 3  f"r  new 
•cation  within  thirtv  five  davs  after  the  same  is  presented  to  it;  when  appeal 

t  .j,  ■■,  .  ,  .  _  *■  may  be  had  to 

and  it  the  said  hoard  shall  omit  to  do  so,  or  shall  deny  the  appli-  ^dt_?peria" 
cation,  and  a  majority  of  the  inspectors  for  the  district  shall  cer- 
tify that  there  is  probable  cause  for  granting  the  application ,  the 
trustees  may  appeal  to  the  State  superintendent  of  public  in- 
struction, whose*  decision  in  the  matter  shall  be  binding  upon  all 


too 


DUTIES  OF  BOABD  or  EDUCATION. 


the  parties,  and  if  adverse  to  the  application,  1 1 1 « •  same  shall  not 
be  renewed  during  the  term  of  one  year  next  thereafter, 
aenerai  14.  And  for  the  purposes  of  this  dhapter  the  saM  board  shall 

possess  the  powers  and  privileges  of  a  corporation* 

.5  1028.  It  shall  be  the  duty  of  She  hoard  of  ednc.it  ion : 

L8M,«i.MMa        l.  Ti,  apportion  all  the  school  inonevs  which  shall  bare  been 

as  amended  L  . 

i«4,c^.ipi,  raised  for  the  purposes  of  meeting  the  current  annual  expenses 
school  moneys,  of  puhlic  inst  i  uction,  to  tlie  schools  entitled  to  participate  t  herein 

hy  the  provisions  of  this  cliapter. 
Co]>3  appor-  2.  To  file  with  the  chamberlain  of  said  city,  on  or  before  the 

died.  first  Monday  of  April  in  each  year,  a  copy  of  their  apportion- 

ment, stating  the  amount  apportioned  to  the  schools  under  Un- 
charge of  the  hoard  of  education,  and  to  the  truste  es,  managers, 
and  directors  of  the  several  schools  enumerated  in  this  chapter.v 
is  amended  :;.  To  provide  evening  schools  for  those  whose  ages  or  avoca- 

i  lomp.  i  i  i.      t  ions  are  sueh  as  to  prevent  their  attending  the  day  schools  estab- 
whooi"?         lished  by  law,  in  such  of  the  ward  school-houses  or  other  build 
ings  used  for  school  purposes,  and  in  such  other  places  in  said 
city  as  they  may  from  time  to  time  deem  expedient,  and  also  to 
Schools  for  col-  provide  schools  for  colored  children,  and  also  a  normal  school  ol- 
eic. t1"""'    .school  £or  those  desirous  to  become  teachers,  and  for  teachers, 
which  shall  be  attended  by  such  of  the  teachers  in  common 
schools  as  the  hoard  of  education,  by  general  regulations,  shall 
direct,  under  penalty  of  forfeiture  of  their  situations  as  teach 
ers  by  omitting  to  attend,  which  forfeiture  shall  bo  declared  by 
the  board  of  education:  and  to  appoint  teachers  for  the  normal 
and  colored  schools,  and  also  upon  the  nomination  of  the  trus- 
tees of  the  respective  wards  to  appoint  teachers  for  the  evening 
schools,  and  said  board  shall  furnish  all  needful  supplies  for 
the  evening,  normal,  and  colored  schools. 
Supplies.  4.  To  furnish  all  necessary  supplies,  or  make  regulations  for 

furnishing  such  supplies  for  the  several  schools  under  their 
care,  but  when  such  supplies  are  furnished  by  the  board  of  edu- 
cation they  shall  be  obtained  by  contract,  proposals  for  which 
shall  be  advertised  for  the  period  of  at  least  two  weeks. 
As  amended  5.  To  make  and  transmit,  between  the  fifteenth  dav  of  Jan- 

367,  §i.  '  uary  and  the  first  day  of  February  in  each  year,  to  the  State 
perinteuaent  superintendent  of  public  instruction,  and  to  the  common  coun- 
sctioXn  cil  of  the  city  of  New  York,  a  report,  in  waiting,  bearing  date 
on  the  thirty-first  day  of  December  next  preceding,  stating  the 
whole  number  of  schools  within  their  jurisdiction,  specially 
designating  the  schools  for  colored  children:  the  schools  or  so- 
cieties from  which  reports  shall  have  been  made  to  the  board  of 
education,  within  the  time  limited  for  that  purpose;  the  length 
of  time  such  schools  shall  have  been  kept  open;  the  amount  of 
public  money  apportioned  or  appropriated  to  said  school  or  so- 


i>r m:s  < >k  hoard  of  kiuvatk >.v 


401 


eiety;  the  number  taught  in  each  school;  tho  whole  amount  of 
money  drawn  from  the  city  chamberlain  for  the  purposes  of 
public  education  during  the  yea'-  ending  at  tho  date  of  their  re- 
port, distinguishing  the  amount  received  from  the  general  fund 
of  the  State,  and  from  all  other  and  what  sources;  the  manner 
in  which  such  moneys  shall  have  been  expended;  and  such  other 
information  as  the  State  superintendent  of  public  instruction 
may,  from  time  to  time,  require  in  relation  to  common  school 
education  in  the  city  and  county  of  New  York;  and  the  report 
winch  tin1  board  of  education  is  hereby  required  to  make  shall 
be  held  and  taken  to  be  a  full  compliance  with  every  law  re- 
quiring a  report  from  the  said  board,  or  any  officer  of  the  city 
and  county  of  New  York,  except  the  city  superintendent,  rela- 
tive to  the  schools  in  the  said  city,  or  any  matters  connected 

_  Penalty  f<>r  not 

therewith.    If  the  board  of  education  shall  neglect  to  make  ataUa^  report 

such  annual  report  within  the  time  limited,  the  share  of  school 
moneys  apportioned  the  city  and  county  of  .New  York  may,  in 
the  discretion  of  the  State  superintendent  of  public  education, 
be  withheld  until  a  suitable  report  shall  have  been  rendered. 

G.  By  general  rules  and  regulations,  to  provide  the  proper  i«i.rh.3«r.. §i& 
classification  of  studies,  scholars,  and  salaries  in  such  manner  ism, ch.  km. 
that,  as  near  as  practicable,  tbo  system  of  instruction  pursued  °'"P 
in  the  common  schools,  and  the  salaries  paid  to  teachers  shall 
be  uniform  throughout  the  city. 

jfti099.  The  title  to  all  school  propertv.  real  and  personal,  oawiflcation 

s  r  '    of  studies,  et<\ 

purchased  with  any  money  derived  from  the  distribution  or  ap-  i85i.ch.386,  $20, 
portionment  of  the  school  moneys,  or  raised  by  taxation  in  the      "<•!"■>»?.  $11. 
city  of  New  York,  shall  be  vested  in  the  mayor,  aldermen  and  • 
commonalty  of  said  city,  but  shall  be  under  the  care  and  control 
of  the  board  of  education,  for  the  purpose  of  public  education, 
and  all  suits  in  relation  to  the  same  shall  be  brought  in  the  Ame&<im<-ut  as 
name  of  said  board;  and  no  contract  or  contracts  shall  be  made  e°ny"c °f  pr°P 
by  the  school  officers  of  any  ward  for  the  purchase  of  any  site 
without  the  consent  of  the  board  of  education,  or  for  the  erec- 
tion or  fitting  up  or  repairing  of  any  building,  when  such  re- 
pairs shall  exceed  in  amount  tho  sum  of  two  hundred  dollars,  as 
authorized  in  this  chapter,  until  a  statement,  iu  writing,  of  the 
amount  required  for  that  purpose  shall  have  been  presented  to 
the  board  of  education  by  said  school  officers,  and,  together 
with  a  copy  of  the  working  drawings,  plans,  and  specifications 
of  the  work  to  be  done,  pursuant  to  the  provisions  of  this  chap 
ter,  shall  have  been  duly  filed  and  approved  of  as  herein  required, 
and  an  appropriation  shall  have  been  made  by  the  board  of  edu- 
cation therefor. 

$  J 030.  All  the  trusts  and  eslates  held  bv  «>r  vested  in  the  ism, ck a>7. is, 

i"     e~i  Comp.  iM<. 

Public  School  Society  of  the  city  of  New  York,  as  organized  and 


DUTIES  <>i-  SCHOOL  COMMISSIONERS. 


Trunin  and  es- 
tates of  Public 
School  KocieO  . 

1868,  ch.  301. 


1861,  ch.  886.  |8, 
Conip.  r>. 
Powers  nnil 
rlutics  of 
commissioners 

Meetings  of 
lioiinl 


Bep<  'its. 


K.xiimination  of 
schools. 


inn.  ch.  IIS,  |6, 
t  lomp.  73N. 
KxistiiiR  laws, 
how  construed 


IK5I.  L-h.:Wi,  SS-V 

.17.  Oomp, !  IS, 

755. 

Clerk  of  hoanl. 
Clerk  of  hoard 
may  administer 
oaths. 


1861,  ch.  386, 
as  amended 
18M,ch.861,S14, 
Comp.  745. 
Hut y  of  inspec- 
tors as  to  ex- 
penses of 
schools. 
Attendance  and 
conduct  of 
teachers  and 
pupils;  condi- 
tion of  prem- 
ises. 


existing  previous  to  its  several  acts  in  compliance  with  the  pro- 
visions of  act  entitled  ''an  act  relative  to  common  schools  in  the 
city  of  New  York,"  passed  the  fourth  day  of  June,  one  thou 
sand  eight  hundred  and  fifty-tliree,  which  have  not  heen  ton 
veyed  hy  the  said  society,  and  all  the  rights,  powers,  and  duties 
of  the  said  society  which  yet  remain  therein,  shall  continue  and 
be  vested  in  the  board  of  education  of  the  city  of  New  York, 
which  board  is  and  shall  be  held  to  bo  the  lawful  successors  of 
the  said  society  in  the  execution  of  every  trust. 

§  103J.  It  shall  be  Hie  duly  of  the  commissioners  of  common 
schools: 

1.  To  attend  all  tbe  meetings  of  the  board  of  education;  and 
if  any  commissioner  shall  refuse  or  neglect  to  attend  any  three 
successive  stated  meetings  of  the  board,  after  having  l>een  per- 
sonally notified  to  attend,  and  if  no  satisfactory  cause  of  his 
non-attendance  be  ^liown.  the  board  may  declare  his  office  va- 
cant. 

2.  To  transmit  to  tbe  board  of  education  all  reports  made  to 
tbem  by  the  trustees  and  inspectors  of  their  respective  wards. 

3.  To  visit  and  examine  all  the  schools  entitled  to  participate 
in  the  apportionment. 

jj  1082.  Whenever  in  any  laws  the  words  board  of  education 
or  commissioners  of  common  schools  shall  occur,  said  words 
shall  be  taken  to  mean  and  comprehend  respectively  the  board 
of  education  and  commissioners  of  common  schools  as  herein 
provided  for. 

$  1033.  The  clerk  of  the  board  of  education  shall  have  charge 
of  the  rooms,  boflks,  papers,  and  documents  of  the  board,  and 
shall,  in  addition  to  his  duties  as  secretary  of  the  board,  perform 
such  other  clerical  duties  as  may  be  required  by  its  members  or 
committees.  He  is  authorized  to  administer  oaths  and  take 
affidavits  in  all  matters  appertaining  to  the  schools  in  the  city 
and  county  of  New  York,  and  for  that  purpose  shall  possess  all 
the  powers  of  a  commissioner  of  deeds,  but  shall  not  l>e  entitled 
to  any  of  the  fees  or  emoluments  thereof. 

§  1034.  It  shall  be  the  duty  of  the  inspectors  of  common 
schools,  or  a  majority  of  them,  in  their  respective  districts,  to 
examine  in  respect  to  every  expense  certified  as  correct  by  a  ma- 
jority of  the  trustees  of  any  ward  in  the  district,  and  to  audit 
every  such  expense  which  may  be  just  and  reasonable  ;  and  no 
expense  shall  be  paid  unless  audited  in  this  manner.  They  shall 
also  examine,-  at  least  once  in  every  quarter,  all  the  schools  in 
the  district,  in  respect  to  the  punctual  and  regular  attendance  of 
the  pupils  and  teachers  ;  the  number,  fidelity,  and  competency 
of  the  teachers ;  the  studies,  progress,  order,  and  discipline 
of  the  pupils:  the  cleanliness,  safety,  warming,  ventilation. 


DUTIES  OF  SCHOOL  TRUSTEES.  408 

and  comfort  of  the  school  premises,  and  whether  or  not  the 

provisions  of  the  school  law  s,  in  respect  to  the  teaching  of  sec 

(arian  doctrines,  or  the  use  of  sectarian  hooks,  liave  heen  vio-  f^^fam '" 

latedj  and  call  bhe  attention  of  the  trustees,  without  delay,  to 

every  matter  remiiriny;  official  action.    They  shall  also,  on  or  To  whom  and 

J  in  when  Idhjxm:- 

hefore  the  thirtv  litst  dav  of  December  m  each  year,  make  a  to™ to mok«< 

■*  "  «  report, 

w  ritten  report  to  tin-  hoard  of  education  and  to  the  hoard  <>f 

trustees,  in  respect  to  the  condition,  efficiency,  and  wants  of  the 

district  in  respect  to  schools  and  school  premises. 

§  1035.  It  shall  he  the  duty  of  the  trustees  for  each  ward,  and  o^'w'^' 

they  shall  have  the  power  :  Duty  of 

J  1  trustee*. 

It  To  have  the  safe  keeping  of  all  the  premises  and  other  property, 
property  used  for  or  belonging  to  the  ward  schools  and  the  ward 
primaries  in  their  respective  wards. 

2.  To  appoint,  by  a  majority  vote,  at  a  meeting  of  the  board  cSmfim.'v*' 
of  trustees,  teachers,  other  than  principals  and  vice  principals,  . 
and  also  janitors. 

3.  Under  snch  general  rules  and  regulations,  and  suhject  to  supplies. 

°  0  *  An  amen<le<l 

such  limitations  as  the  hoard  of  education  may  prescribe  to  con-  mm,**,  aw,  f  10. 
duct  and  manage  the  said  schools :  to  furnish  all  needful  sup- 
plies therefor,  and  to  make  all  needful  repairs,  alterations,  and 
additions  in  and  to  the  school  premises. 

4.  To  procure,  as  may  be  necessary,  blank  books,  in  one  of  vm™t&Li': 
which  a  statement  of  the  amounts  of  all  moneys  received  and  tSJa&ce.**' 
paid  by  the  trustees,  or  otherw  ise,  for  or  on  account  of  each  of 

the  schools  conducted  by  them,  and  of  all  movable  property  be- 
longing to  each  school,  shall  be  entered  at  large  and  signed  by 
such  trustees  ;  and  in  one  book  minutes  of  their  meetings  shall 
be  kept ;  aud  in  other  books  the  principal  teacher  of  each  school 
and  department  shall  enter  the  names,  ages,  and  residences  of 
the  scholars  attending  the  school,  the  name  of  a  parent  or  guard- 
ian of  each  scholar,  and  the  days  on  which  the  scholars  shall 
have  respectively  attended,  and  the  aggregate  attendance  of 
each  scholar  during  the  year :  also  the  days  on  which  each 
school  shall  have  been  visited  by  the  city  and  assistant  su- 
perintendents of  schools,  and  the  school  officers  of  the  ward, 
and  the  members  of  the  board  of  education,  or  any  of  them, 
which  entries  shall  be  verified  by  the  oath  or  affirmation  of  the 
principal  teacher  in  such  school  or  department.  The  said  books 
shall  be  preserved  by  the  trustees  as  the  property  of  the  school, 
and  shall  be  delivered  to  their  successors. 

5.  To  make,  at  least  five  days  before  the  first  day  of  January  ^JXr"^10 
in  every  year,  or  on  such  other  day  as  may  be  designated  by  the  sch00,s 
board  of  education,  in  the  case*of  a  school  kept  open  after  the 
twenty-fifth  day  of  December,  and  transmit  to  the  board  of  edu- 
cation, a  report  in  writing,  dated  the  thirty-first  day  of  Decern- 


I'M 


DUTIES  OF  SCHOOL  TRUSTEES. 


IVr.-. •:).)! 
property. 


Account  to  be 
rendered. 


As  amended 
1834,  ch.  101. 
Regular 
meeting. 


1831.ch.38C,  §:*.», 
Conip.  753. 


ber,  which  shall  bo  signed  and  certified  by  a  majority  of  the 
trustees,  and  which  report  shall  state  the  whole  number  of  schools 
within  their  jurisdiction,  especially  designating  the  schools  for 
colored  children,  the  length  of  time  each  school  shall  have  been 
kept  open,  the  whole  number  of  scholars  over  four  and  under 
twenty-one  years  of  age  who  shall  have  been  taught  free  of 
expense  to  such  scholars  in  their  schools,  during  the  year  ending 
with  the  date  of  the  report,  which  number  shall  be  ascertained 
by  adding  to  the  number  of  children  on  register,  at  the  com- 
mencement of  each  year,  the  number  admitted  during  that 
year,  which  shall  be  considered  the  total  for  that  year;  the 
average  number  that  has  actually  attended  such  schools  during 
the  year,  to  be  ascertained  by  the  teachers  keeping  an  exact 
account  of  the  number  of  scholars  present  every  school  time  or 
half  day,  which,  being  added  together,  and  divided  by  four 
hundred  and  sixty,  or  if  l.'ss  than  a  year,  by  the  number  of 
school  sessions,  shall  be  considered  the  average  of  attending 
scholars,  which  average  shall  be  sworn  or  affirmed  to  by 
the  principal  teacher  of  the  school  ;  a  detailed  statement  of  the 
amount  of  moneys  received  or  paid  for  or  on  account  of  their 
respective  schools  during  the  year,  from  or  by  the  chamberlain 
of  the  city,  and  of  the  purposes  for  and  the  manner  in  which 
the  same  shall  have  been  expended  ;  and  a  particular  account  of 
the  state  of  the  schools,  and  of>the  property  and  affairs  of  each 
school  under  their  care  ;  and  the  titles  of  all  books  used,  with 
such  other  information  as  the  board  of  education  shall  require  ; 
and  for  the  purposes  of  this  section,  each  department  shall, 
whenever  practicable,  be  considered  as  a  separate  school. 

0.  To  hold,  as  a  corporation,  all  personal  property  vested  in  or 
transferred  to  them  for  school  purposes  in  their  respective  wards. 

7.  To  render,  at  the  expiration  of  their  respective  terms  of 
office,  to  their  successors,  a  just  and  true  account  in  writing  of 
all  moneys  received  by  them  for  school  purpose^,  and  of  the 
manner  in  which  the  same  shall  have  been  expended,  and  to 
pay  any  balance  which  may  remain  in  their  hands  to  their  suc- 
cessors. » 

S.  To  meet  statedly  at  times  to  be  by  them  appointed,  and  to 
declare  vacant,  by  a  vote  of  a  majority  of  the  trustees  of  the 
ward,  the  seat  of  any  person  elected  or  appointed  as  a  trustee, 
who  shall  refuse  or  neglect,  without  satisfactory  cause  shown 
by  him  to  the  said  trustees,  to  attend  any  three  successive  stated 
meetings  of  the  trustees,  after  having  been  previously  notified 
to  attend. 

§  103G.  All  expenses  incurred  for  the  support  of  common 
schools  in  the  respective  wards  shall  be  ceiiified  by  the  trustees 
of  common  schools  in  such  wards,  or  a  majority  of  them,  and 


Sll'KKlNTKNPKNT  OF  SCHOOLS. 


delivered  to  the  inspectors  of  said  ward  ;  and  it  shall  bo  the  duly  kxp-iim..-.,  i„,« 

of  said  inspectors  to  examine  and  audit  flic  same,  and  upon  said  "!'!•  ch 
inspectors  being  satisfied  of  tbeir correctness,  to  certify  the  same 
to  the  board  of  education.    All  bills  audited  and  paid  shall  be 
tiled  with  the  board  of  education. 

{5  1037.  Upon  a  decision  favorablo  to  the  establishment  of  a  1  hm. ,.1 

v  *  Lomp  ,Kl. 

school  or  schools  in  any  of  the  wards  of  the  said  city,  it  shall  be  Bom  mginlnd 
lawful  for  the  school  Officers  of  said  ward  to  proceed  to  organize 
one  or  more  schools,  such  as  may  be  authorized  by  the  board  of 
education,  and  to  procure  a  school-house,  by  purchasing  or  hiring 
the  same,  or  by  procuring  a  site  and  erecting  a  building  thereon, 
according  to  plans  and  specifications  and  contracts  which 
shall  have  been  duly  filed  with  and  approved  by  the  board  of 
education,  the  erection  of  which  said  building,  and  the  fitting 
up  thereof,  and  the  fitting  up  of  any  hired  building,  shall  be 
done  by  contract,  proposals  for  w  hich  shall  be  advertised  for  two 
weeks  previous  to  deciding  upon  estimates  thereon,  unless  such 
fitting  up  shall  not  exceed  the  sum  of  two  hundred  dollar-. 

§  1038.  The  board  of  trustees  for  the  ward,  by  the  vote  of  the  \%t£&1- |u 
majority  of  the  whole  number  of  trustees  in  office,  may  remove 
teachers  employed  therein,  other  than  principals  and  vice- prin- 
cipals, and  may  also  remove  janitors,  provided  the  removal  is  ap- 
proved in  writing  by  a  majority  of  the  inspectors  for  the  district, 
and  provided  further,  that  any  teacher  so  removed  shall  have  a 
right  to  appeal  to  the  board  of  education,  under  such  rules  as  it 
may  prescribe,  and  the  said  board  shall  have  power,  after  hear- 
ing the  answer  of  the  trustees,  to  reinstate  the  teacher. 

$  1039.  The  city  superintendent  shall  be,  subject  to  such  gen-  ^S'jjjj'gj! 
era!  rules  and  regulations  as  the  State  superintendent  of  public  as  amended  / 

•  •  ^  *  m  -it'       1854,  ch.  2Gt,  fl, 

instruction  may  prescribe,  and  appeals  from  his  acts  and  decis-  Comp.jo. 
ions  may  be  made  to  the  superintendent  in  the  same  manner  and  Sn^enSo 
with  like  effect  as  in  cases  now  provided  by  law  ;  and  he  shall  ma  prep,,rt 
make  annually  to  the  State  superintendent  of  public  instruction, 
at  such  times  as  shall  be  appointed  by  him,  a  report  in  writing, 
containing  the  whole  number  of  schools  in  the  city  and  county 
distinguishing  the  schools  from  which  the  necessary  reports  have 
been  made  to  the  board  of  education  by  the  commissioners, 
inspectors,  and  trustees  of  common  schools,  and  containing  a  cer- 
tified copy  of  the  reports  of  the  board  of  education  to  the  clerk 
of  the  city  and  county,  with  such  additional  information  as  the 
State  superintendent  of  public  instruction  may  require. 

§  1040.  The  city  and  assistant  superintendents  of  schools  shall  ^mph^),s" 
take  and  subscribe,  before  the  clerk  of  the  board  of  education,  the  City  superiii 
oath  of  office  prescribed  by  the  constitution  of  this  State  ;  shall  ary  aud  term 
each  hold  office  for  the  term  of  two  years,  and  until  his  successor  is 
appointed,  subject  to  removal  by  the  board,  on  complaint,  for 


40G  SUPERINTENDENT  OF  schools. 

• 

cause  stated  ;  shall  respectively  receive  such  compensation  as  the 
board  of  education  may  designate,  which  shall  not  he  changed 
during  the  term  of  office  of  any  incumbent ;  and  shall  be  subject 
to  such  rules  and  regulations  as  the  board  of  education  may 
establish.  It  shall  be  specially  the  duty  erf  tlx-  city  superin- 
tendent : 

Jch2?honor  ]-  To  visit  every  school  under  the  charge  of  the  board  of 
education  as  often  as  once  in  each  year  ;  to  inquire  into  all  mat 
ters  relating  to  the  government,  course  of  instruction,  books, 
studies,  discipline,  and  conduct  of  such  schools,  and  the  condi- 
tion of  the  school-houses,  and  of  the  schools  generally,  and  to 
advise  and  to  counsel  with  the  said  trustees  in  relation  to  their 
duties,  the  "proper  studies,  discipline,  and  conduct  of  the  schools, 
the  course  of  instruction  to  be  pursued,  and  the  hooksof  elemen- 
tary instruction  to  bo  used  therein  ;  and  to  examine,  ascertain, 
and  report  to  the  board  of  education  whether  the  provisions  of  the 
act  in  relation  to  religious  sectarian  teaching  and  books  have  been 
violated  in  any  of  the  schools  of  the  different  wards  of  the  city  ; 
and  to  make  a  monthly  report  to  the  board  of  education,  stating 
which  (tf  the  schools  have  been  visited  by  him.  and  adding  such 
comments,  in  respect  to  the  matters  above  specified,  as  he  may 
i^i*'"i<i"ioi.1  consider  necessary  and  advisable :  and  to  transmit  to  the  re- 
spective boards  of  ward  trustees  copies  of  so  much  of  such  reports 
as  relates  to  schools  under  their  management. 
ofX?"nohera0n  2.  Under  such  general  rules  and  regulations  as  the  board  of 
lw^cKaMsifl  education  may  establish,  to  examine  into  the  qualifications  of 
persons  proposed  as  teachers  in  any  of  the  schools  under  the 
charge  of  the  board.  Such  examination  shall  be  conducted  by 
the  city  superintendent  of  schools,  or  such  one  of  his  assistants  as 
he  may  designate,  in  the  presence  of  at  least  t  wo  inspectors  of  com- 
mon schools,  who  shall  be  designated  for  the  purpose  by  the  by- 
Licenses  laws  of  the  board  ( >f  education.  Licenses  shall  be  granted  to  those 
persons  found  upon  such  examination  to  be  entitled  thereto, 
which  shall  be  in  the  form  prescribed  by  the  said  by-laws,  shall  be 
signed  by  the  city  superintendent,  and  by  at  least  two  inspect- 
ors designated  for  the  purpose,  who  shall  certify  that  they  were 
present  at  the  examination,  and  concur  in  granting  the  license. 
The  license  of  any  teacher  may  be  revoked  for  any  cause  affect- 
ing the  morality  or  competency  of  the  teacher,  by  the  written 
certificate  of  the  city  superintendent,  and  the  written  concur- 
rence of  two  of  the  inspectors  for  the  district  in  which  the 
teacher  is  employed  ;  but  no  such  action  shall  be  taken  until  at 
least  ten  days'  previous  notice  has  been  allowed  ;  nor  shall  it  take 
effect  until  such  certificate  of  revocation  has  been  filed  in  the 
office  of  the  clerk  of  the  board  of  education,  and  a  copy  served 
upon  the  teacher.    It  shall  be  the  duty  of  the  city  superinten- 


Revocation  of 
liivnsf. 


• 


SCHOOL  TK  U  HKKs  AM)  OFFICERS.  I"7 

cleut  to  reexamine  any  teacher  upon  the  written  request  of  any     •  ««»»'« 

two  inspectors  of  the  district,  or  three  trustees  of  the  ward  in 

which  the  teacher  is  employed.     Any  teacher  whose  license  has  > ■«<•■ 

,  9    -  ~,  .  Mi|M-rlntfii(l 

been  revoked  as  aforesaid,  may  appeal  to  the  State  supcrniten  ,-„t 
dent  of  puhlic  instruction,  within  ten  toys  after  service  of  a 
copy  of  a  certificate  of  revocation,  by  the  service  of  a  written 
notice  of  appeal  upon  the  city  superintendent,  and  in  case  such 
appeal  is  taken,  the  teacher  shall  not  he  disqnalitied  until  the  re- 
vocation is  continued  by  the  State  superintendent.  The  city 
superintendent,  in  his  annual  report  to  the  board  of  education, 
shall  include  a  list  of  the  licences  granted  and  revoked  by  him. 

3.  (ienerally,  by  all  the  means  in  his  power,  under  the  regu-  General  duty  i. 
lations  of  the  board  of  education  in  respect  thereto,  to  promote  i-c.i'  'h  "101 
sound  education,  elevate  the  character  and  qualifications  of 
teachers,  improve  the  means  of  instruction,  and  advance  the  in 
terests  of  the  schools  committed  to  his  charge. 

<S  1041.  The  superintendent  of  school  buildings  shall  take  and  '■*•">' •• 11  ■>'' 

•  ~  us  umt-ndi-u 

subscribe,  before  the  clerk  of  the  hoard  of  education,  the  oath  \*^\^- 
prescribed. bv  the  constitution  of  this  State,  and  give  such  secu-  Superintend- 

"  *    i       i      •         »  i  •       «»  ent  of  school 

city  for  the  laithtul  performance  of  the  duties  of  his  office  as  buiidinim 
the  board  of  education  may  dire*  t  ;  and  the  department  under 
his  charge  shall  be  subject  to  such  rules  and  regulations  as  the 
said  hoard  may  establish,  one  of  which  shall  prohibit  the  per- 
formance by  him  of  any  work  on  other  account  similar  to  that 
performed  under  the  regulations  so  established. 

§  1042.  Any  teacher  may  be  removed  by  the  board  of  educa-  JvmiJ'S.''11' 
tion  upon  the  recommendation  of  the  city  superintendent,  or  of 
a  majority  of  the  trustees  for  the  ward,  or  of  a  majority  of  the  ^c'n,a^T  S:» 
inspectors  for  the  district,  but  only  bv  a  vote  of  three-fourths  of  ComP-7 

*  i  •      -it         -i*  How  rei- 

all  the  members  of  said  board.  3  Hun,  it 

|  1043.  The  following  shall  be  substantially  the  form  of  oath  ^i£^a?aJ88' 
or  affirmation  to  be  made  by  the  teacher : 

''A.  B.,  of  the  city  of  New  York,  teacher  of  No.        Form  of  oath 

department,  being  duly  sworn  or  affirmed,  declares  and  says, 
that  to  the  best  of  (his  or  her)  knowledge  and  belief,  the  average 
number  of  children,  actual  residents  of  the  city  and  county  of 
New  York,  at  the  time  of  attending  said  school,  between  the 
ages  of  four  and  twenty-one  years,  who  attended  said  school  or 
department,  each  school-time  or  half  day  from  the  day 
of  to  the  first  day  of  January,  was 

Said  average  having  been  obtained  by  adding  together  the  num- 
ber of  scholars  present  each  school-time  or  half  day  and  dividing 
the  total  by  four  hundred  and  sixty.'' 

^  1044.  No  compensation  shall  be  allowed  to  the  commission-  lssi.co.sas.w, 
ers,  inspectors,  or  trustees  of  common  schools  for  any  services  commissioners 
performed  by  them,  but  thn  commissioners  and  inspectors  shall  Srtpay!1'1*" 


00. 
removed. 


408 


SCHOOL  TEACHERS  AND  OFFICERS 


Id.  $w, 

Comp.  755. 

School  officers 
not  to  be 
interested  in 
contracts. 
Teachers  not 

eligible  lis  coin 

inbisloners  or 
Inspectors. 


M.  $31, 
Comp.  753. 
Penalty  for 

neglect  of  duty 


d.  S3-', 
as  amended 
1854,  ch.  101, 
Comp.  754. 
Penalty  for 
false  reports. 


is5l,ch.SS6.§3l. 
Comp.  751. 
Costs  of  suit 


1864,  ch.  851,  |8, 
Comp.  759. 
Officers  to  bp 
residents  of  the 
districts  for 
which  they  are 
chosen. 


Id.  §10. 


receive  their  actual  and  reasonable  expenses  while  attending  to 
the  duties  of  their  office,  to  he  audited  ami  allowed  hv  the  hoard 
of  education.  J 

S  1046.  No  school  officer  shall  he  interested  in  any  contract, 
payments  under  which  are  to  he  made,  in  whole  or  in  part,  out 
of  any  moneys  derived  from  the  school  fund  or  raised  by  taxa- 
tion for  the  support  of  common  schools.  No  teacher  employed 
in  any  of  the  schools  entitled  to  participate  in  the  apportionment 
of  the  school  moneys  shall  be  eligible  to  the  office  of  commis 
sioner,  inspector,  or  trustee  of  common  schools. 

£  1040.  Every  school  officer  who  shall  refuse  or  neglect  to 
render  an  account,  or  to  pay  over  any  balance  in  his  hands,  at 
the  expiration  of  his  term  of  office,  shall  for  each  offense  for- 
feit the  sum  of  fifty  dollars,  which  sum,  together  with  paid 
unpaid  balance,  shall  be  sued  for  and  collected  by  the  hoard  of 
education,  who  shall  prosecute  without  delay  for  the  recover}'  of 
such  forfeiture,  together  with  the  unpaid  balance  ;  and  in  case 
of  the  death  of  such  school  officer,  suit  may  he  brought  against 
his  representatives,  and  all  moneys  recovered,  aftec  deducting 
expenses,  shall  l>e  placed  at  the  disposal  of  the  hoard  of  education. 

ji  1047.  Every  person  in  the  employ  of  the  board  of  education, 
and  every  school  officer,  and  every  officer  or  teacher  of  a  school 
or  society,  who  shall  willfully  sign  a  false  report  to  the  board  of 
education,  shall,  for  each  offense,  forfeit  the  sum  of  twenty-five 
dollars,  and  shall  be  deemed  guilty  of  misdemeanor  ;  and  every 
such  person  or  officer  who  shall  willfully  misapply  any  of  the 
public  funds  committed  to  his  care,  shall  be  deemed  guilty  of 
embezzlement. 

;>  1048.  In  any  suit  which  shall  hereafter  be  commenced 
against  the  commissioners  or  trustees  of  common  schools  for  any 
act  performed  by  virtue  of,  or  under  color  of  their  offices,  or  for 
any  refusal  or  omission  to  perform  any  duty  enjoined  by  law. 
and  which  might  have  been  the  subject  of  an  appeal  to  the 
superintendent,  no  costs  shall  be  allowed  to  the  plaintiff  in  cases 
where  the  court  shall  certify  that  it  appeared,  on  the  trial  of  the 
cause,  that  the  defendant  acted  in  good  faith.  But  this  pro- 
vision shall  not  extend  to  suits  for  penalties,  nor  to  suits  or 
proceedings  to  enforce  the  decisions  of  the  State  superintendent 
of  public  instruction. 

§  1049.  Every  school  officer  shall,  at  the  time  of  his  election 
or  appointment,  be  a  resident  of  the  district  or  ward  for  which 
he  is  appointed,  and  every  trustee  removing  from  the  ward  for 
which  he  is  appointed,  and  every  school  officer  removing  from 
the  city,  shall  thereby  vacate  his  office. 

§  1050.  Every  person  appointed  to  a  school  office  in  said  city 
shall,  before  entering  on  the  duties  of  his  office,  and  within  fif- 


OOLLEGS  Of  THE  CITY  OF  NKW  STORK.  401» 
t »•*>!)  daws  from  the  time  of  bein^  notified  of  his  appointment  to  ■v»-i«<w.i „n\c.-n 

i       1  11  to  uk«  oalh. 

till  a  vacancy,  take  and  subscribe,  before  tbe  clerk  of  t he  board  when 
of  education,  the  oath  of  office  prescribed  by  the  const itution  of 
this  State,  and  the  school  office  to  which  any  person  who  shall 
omit  to  take  the  said  oath  within  the  time  and  in  the  manner  tared  oi 
above  prescribed,  may  have  been  appointed,  shall  be  vacant  at 
and  from  the  expiration  of  the  said  fifteen  days. 

<j  1051.  All  children  between  the  ages  of  five  and  twenty-one  i&M,ch.3Hc, $0^, 
years,  residing  in  the  city  and  county,  shall  bo  entitled  to  at-  i878.ch.iot,  |i 
tend  any  of  the  common  schools  therein;  and  the  parents,  guard-  ciiiidraien 
ians,  or  other  persons  having  the  custody  or  care  of  such  i^i'0  attM,J 
children  shall  not  be  liable  to  any  tax,  assessment,  or  imposi- 
tion for  the  tuition  of  any  children,  other  than  is  hereinbefore 
provided. 

is  1052.  All  schools  which  have  been  organized  under  the  act  | £j* • 
entitled  "an  act  to  extend  to  the  city  and  countv  of  New  York  w««i»ehoois 
the  provision  or  the  general  act  in  relation  to  common  schools,  ■  ^red. 

1  ,  '      1842,  cb.  150 

passed  April  eleventh,  eighteen  hundred  and  forty-two,  and 
the  acts  amending  the  same,  or  organized  or  adopted  under  this 
chapter,  shall  be  called  common  schools,  "ward  schools,''  or  ward 
primaries,  and  each  class  shall  be  numbered  consecutively  ac- 
cording to  the  time  of  their  organization  or  adoption,  and  all 
such  schools  shall  be  under  the  supervision  and  government  of  the 
commissioners,  inspectors,  and  trustees  of  the  ward  in  which 
they  are  located. 

9  1053.  The  schools  in  the  several  wards  shall  be  classified  as  JSJfckJSM1* 

°  Comp.  >.)9. 

grammar,  primary,  and  evening  schools.  schools  cinssi 

"  r  J  fled. 

§  1054.  Whenever  the  clerk  of  the  city  and  county  shall  re-  i85i,ch.386.fu, 
ceive  notice  from  the  State  superintendent  of  public  instruction 
of  the  amount  of  moneys  apportioned  to  the  county  of  New  *' 
Y&ik  for  the  support  and  encouragement  of  common  schools 
therein,  he  shall  immediately  lay  the  same  before  the  board  of 
aldermen  of  said  county;  and  the  chamberlain  of  the  said  city 

shall  apply  for  and  receive  the  school  moneys  apportioned  to  the  Pubitcaci  i 

said  county  as  soon  as  the  same  become  payable,  and  place  the  mone> 
same  in  the  city  treasury. 


Title  2.— The  College  of  the  City  of  New  York. 

§  1055.  The  College  of  the  city  of  New  York,  formerly  known  im,  oh  at*,  «n 

as  the  Free  Academy  in  the  city  of  New  York,  shall  continue  hihSJsw. 

to  be  a  separate  and  distinct  organization  and  body  corporate,  Sf '§8w  York i> 

and  as  such  shall  have  the  powers  and  privileges  of  a  college,  oiKaabstion. 
pursuant  to  the  revised  statutes  of  this  State,  and  be  subject  to 
the  provisions  of  the  said  statutes  relative  to  colleges,  and  to  the 


4:10 


coi,i.k<;k  ok  tiik  city  of  new  yokk. 


visitation  of  the  regents  of  the  university,  in  like  manner  with 

the  other  colleges  of  the  State. 
1,1  ?:  105G.  Tlx;  members  of  the  said  board  of  education,  together 

with  the  president  of  the  college,  shall  he  ex-officio  the  trustees 
wii"t"i...       of  the  said  college,  and  shall  have  and  possess  the  powers  con  - 

tniBteen  of  „  mZ. 

college.  1  erred  upon,  and  he  subject  to  the  duties  required  of  the trustees 

of  colleges  by  the  revised  statutes.    The  president  of  t  he  college 
iKVi.  i-h.  cm.     shall  be  a  member  of  the  executive  committee  of  the  said 

(  ■in). 

trustees  for  its  care,  government,  and  management. 
'.'m,,',1'.,!'1  $3,       Ji  1057.  All  acts  of  the  legislature  which  were  in  force  on 
March  thirtieth,  eighteen  hundred  and  sixty-six.  in  regard  to  the 
said  Free  Academy,  and  b>  its  control,  management,  support, 
and  affairs,  and  which  are  not  inconsistent  with  the  provisions 
of  this  act,  and  not  since  modified  or  repealed,  are  hereby  de- 
clared to  be  applicable  to  the  said  college. 
Sff53"'       SS  105*.  The  ( 'ollege  of  the  city  of  New  York  shall  be  entitled 
In'h'l^nV.'/.r!'''"'  *°  participate  in  the  distribution  of  tho  income  of  the  literature 
and  other  funds  in  the  same  manner  and  upon  the  same  condi- 
tions as  the  other  colleges  of  the  State,  and  the  regents  of  the 
university  of  the  State  of  New  York  shall  pay  annually  to  the 
board  of  education  of  the  city  and  county  of  New  York,  the  dis- 
_  tributive  share  of  the  said  funds  to  which  the  said  College  of  the 
city  of  New  York  shall  by  law  be  entitled,  and  which -sliall  be 
.•ipplied  and  expended  for  library  books  for  the  said  college. 
^Muw.  P.      §  1059.  The  trustees  of  the  College  of  the  city  of  New  York 
cump'roi shall  annually,  on  or  before  the  fifteenth  day  of  November,  re- 
ihuteeatora-  port  to  the  board  of  estimate  and  apportionment  such  sum,  not 

port  to  board  of   1  .  ,  \r 

supervisors.     exceeding  one  hundred  and  fifty  thousand  dollars  in  any  one 
B     year,  as  they  may  require  for  the  payment  of  the  salaries  of  the 
professors  and  officers  of  the  said  college,  for  obtaining  and  fur- 
nishing scientific  apparatus,  books  for  the  students,  and  all  other 
necessary  supplies  therefor,  and  for  repairing  and  altering  the 
college  buildings,  and  for  the  support,  maintenance,  and  general 
expenses  of  said  college, 
ifamend^' §3'      $  1060.  The  board  of  education  shall  continue  to  furnish. 
com^MSL7' $1'  through  the  College  of  the  city  of  New  Y'ork,  the  benefit  of  edu- 
cation gratuitously,  to  persons  who  have  been  pupils  in  the 
common  schools  of  the  said  city  and  county,  for  a  period  of  time 
to  be  regulated  by  the  board  of  trustees  not  less  than  one  year. 
And  the  trustees,  upon  the  recommendation  of  the  faculty  of  the 
said  college,  may  grant  the  usual  degrees  and  diplomas  in  the 
arts  to  such  persons  as  shall  have  completed  a  full  course  of 
study  in  the  said  college. 
Bubd.t'  3S6'§3'       8  1061-  The  trustees  of  the  College  of  the  city  of  New  York 
lsa^Ktt,     shall  make  and  transmit  annually,  on  or  before  the  first  day  of 
comp.  743.      February  in  each  year,  to  the  board  of  aldermen,  and  also  to  the 


AITOUTIONMKNT  OF  SCHOOL  MONEYS. 


secretary  of  the  hoard  of  regents  of  the  university  of  tin-  State  luting 

n  »  to  coIIck«v 

of  New  York,  a  report,  dated  on  the  thirty -first  day  ol  Decem- 
ber next  preceding,  which  report  shall  state  the  names  and  ages 
of  all  the  pupils  instructed  in  such  college  during  the  preceding 
year,  and  the  time  that  each  was  so  instructed,  specifying  which 
of  them  have  completed  a  full  course  of  study  therein,  and 
which  have  received  degrees,  medals,  and  other  special  testi- 
monials ;  a  part icular  statement  of  the  studies  pursued  hy  each 
pupil  since  the  last  preceding  report,  together  with  the  hooks 
such  student  shall  have  studied,  in  whole  or  in  part,  and  if  in 
part,  what  portion;  an  account  or  estimate  of  the  library,  philo- 
sophical and  chemical  apparatus,  and  mathematical  or  other 
scientific  instruments  belonging  to  such  college;  the  names  of 
the  instructors  employed  in  said  college,  and  the  compensation 
paid  to  each;  what  amount  of  moneys  the  hoard  of  education  re- 
ceived during  the  year  for  the  purposes  of  such  college,  and  from 
what  sources,  specifying  how  much  from  each,  and  the  particular 
manner,  and  the  specific  purposes  for  which  such  moneys  have 
heen  expended;  and  such  other  information  in  relation  to  educa- 
tion in  the  said  college,  and  the  measures  of  the  hoard  of  trustees 
in  the  management  thereof,  as  the  hoard  of  aldermen,  or  the  re- 
gents of  the  university  of  the  State  of  New  York  may.  from 
time  to  time,  require. 

Title  ?>. — Miscellaneous. 
>j  1062.  No  school  shall  be  entitled  to  or  receive  any  portion  iMi.ch.3S6.si8. 

■*   1  Comp.  730. 

of  the  school  moneys  in  which  the  religious  doctrines  or  tenets  Religious  doc- 
of  any  particular  christian  or  other  religious  sect  shall  be  taught.  i"oks.a" 
inculcated,  or  practiced,,  or  in  which  any  book  or  books,  con- 
taining compositions  favorable  or  prejudicial  to  the  particular 
doctrines  or  tenets  of  any  particular  christian  or  other  religious 
sect  9hall  be  used,  or  which  shall  teach  the  docrines  or  tenets  of 
any  other  religious  sect,  or  *vhich  shall  refuse  to  permit  the 
visits  and  examinations  provided  for  in  this  chapter.  But  noth- 
ing herein  contained  shall  authorize  the  board  of  education  to 
exclude  the  Holy  Scriptures,  without  note  or  comment,  or  any 
selections  therefrom,  from  any  of  the  schools  provided  for  by 
this  chapter;  but  it  shall  not  be  competent  for  the  said  board  of 
,  education  to  decide  what  version,  if  any,  of  the  Holy  Scriptures, 
without  note  or  comment,  shall  be  used  in  any  of  the  schools; 
provided  that  nothing  herein  contained  shall  be  so  construed  as 
to  violate  the  rights  of  conscience  as  secured -by  the  constitution 
of  this  State  and  of  the  United  States. 

§  10G3.  The  school  established  and  maintained  by  the  Five  igss, ch. 406, |i, 
Points  house  of  industry  in  the  city  of  New  York,  the  school  ^"p-768- 


APPORTIONMENT  OP  SCHOOL  MONEYS. 


Distribution  of 
common  school 
fund 

1802,  ch.  858,  $1, 

Comp.  "On. 


1851,  ch.886.  §20, 

us  uiihmkIimI 
1K.M,  CD,  101, 

Comp.  750. 


Id.  }  21. 
Accidental 
omission  to 
report  not  to 
forfeit  moiit'y. 


1861,  ch.886,  522. 
18Bi.ch.8SS,  $30, 
Comp.  17-16. 
1805,  ch.  100, 
S24,  Comp.  1773. 
as  amended 
1853,ch.301.  §13, 
Comp.  751.  ' 


established  and  maintained  by  the  ladies'  home  missionary 
society  of  the  Methodist  Episcopal  church,  at  the  institution  in 
Park  street,  near  the  place  usually  called  the  Five  Points,  in  the 
said  city,  and  the  industrial  schools  established  and  maintained 
under  the  charge  of  the  Children's  Aid  Society,  iu  the  city  of 
New  York,  shall  participate  in  the  distribution  of  the  common 
school  fund,  in  the  same  manner  and  degree  as  the  common 
schools  in  the  city  and  county  of  New  York,  and  shall  be  sub 
ject  to  the  same  regulations  and  restrictions  as  are  now  by  law 
imposed  on  the  common  schools  of  New  York. 

£  10(54.  The  board  of  education  shall  require  from  the  execu- 
tive committees  conducting  schools  by  appointment  of  the  board, 
and  from  the  trustees,  managers,  or  directors  of  the  corporate 
schools  entitled  to  participate  in  the  apportionment  of  school 
moneys,  a  report  in  all  respects  similar  to  that  required  from 
the  trustees  of  each  ward  by  section  ten  hundred  and  thirty-five 
of  this  act.  And  in  making  the  apportionment  among  the 
several  schools,  no  share  shall  be  allotted  to  any  school  or 
society  from  which  no  sufficient  annual  report  shall  have  been 
received  for  the  year  ending  on  the  last  day  of  December  im- 
mediately preceding  the  apportionment. 

§  1065.  Whenever  an  apportionment  of  the  public  money 
shall  not  be  made  to  any  school,  in  consequence  of  .any  acci- 
dental omission  to  make  any  report  required  by  law,  or  to  comply 
with  any  other  regulation  or  provision  of  law,  the  board  of 
education  may,  in  its  discretion,  direct  an  apportionment  to  be 
made  to  such  school,  according  to  the  equitable  circumstances 
of  the  case,  to  be  paid  out  of  the  public  money  on  hand,  or  if  the 
same  shall  have  been  distributed,  out  of  the  public  money  to  be 
received  in  a  succeeding  year. 

$  1066.  The  New  York  Orphan  Asylum  school,  the  Roman 
Catholic  Orphan  Asylum  school,  the  schools  of  the  two  half- 
orphan  asylums,  the  school  of  the  Society  for  the  Reformation 
of  Juvenile  Delinquents  in  the  city  of  New  Yrork,  the  school  for 
the  Leake  and  Watt's  Orphan's  House,  the  school  connected 
with  the  alms-house  of  the  said  city,  the  school  of  the  Associa- 
tion for  the  benefit  of  Colored  Orphans,  the  schools  of  the 
American  Female  Guardian  Society,  the  schools  established  and 
maintained  by  the  New  York  Juvenile  Asylum,  by  the  New 
York  Infant  Asylum,  by  the  Nursery  and  Child's  Hospital,  in- 
cluding the  country  branch  thereof,  the  schools  organized  under 
the  act  entitled  "an  act  to  extend  to  the  city  and  county  of 
New  York  the  provisions  of  the  general  act  in  relation  to  com- 
mon schools,  passed  April  eleven,  eighteen  hundred  and  forty- 
two,"  or  an  act  to  amend  the  same,  passed  April  eighteen, 
eighteen  hundred  and  forty-three,  or  an  act  entitled  "an  act 


m 


NAUTICAL  SCHOOL.  U3 

IQOVe effectually  to  provide  for  common  school  education  in  thvnty 
and  county  of  New  York,  passed  May  seventh,  eigbto—  hundred 
and  forty-four,"  or  any  of  the  acts  amending  the  same,  and  in- 
cluding such  normal  schools  for  the  education  of  teachers  as  the 
hoard  of  education  may  organize,  and  such  schools  as  may  he  Xui\^\  i ■• 
organized  under  the  provisions  of  this  chapter,  shall  he  subject  won*y 
to  the  general  supervision  of  the  board  of  education,  and  shall 
be  entitled  to  participate  in  the  apportionment  of  the  school 
moneys  as  provided  for  in  this  chapter,  but  they  shall  be  under 
the  immediate  direction  of  their  respective  trustees,  manage) s. 
and  directors,  as  herein  provided. 

$  1067.  The  trustees,  managers,  and  directors  of  any  of  the  l^ii^d^*88' 
corporate  schools  entitled  to  participate  in  the  apportionment  of  c^p/raa 
the  school  moneys,  may  at  any  time  convey  their  school-houses  ^SSiw 
and  sites  to  the  corporation  of  the  city  of  New  York,  and  trans-  S^p^to'* 
fer  any  of  their  schools  to  tho  board  of  education,  on  the  terms  clty' 
and  in  the  manner  to  be  agreed  upon  and  prescribed  by  the 
board  of  education,  so  as  either  to  merge  the  said  schools  in  the 
ward  schools  or  adopt  them  as  ward  schools  ;  and  the  samo  shall 
then  be  ward  schools,  subject  to  all  the  rules,  duties,  and  liabili- 
ties, and  enjoy  the  same  rights  as  if  they  had  been  originally  es- 
tabhshed  as  ward  schools. 

§  106S.  The  board  of  education  are  authorized  and  directed  cSp?™?'1' 
to  provide  and  maintain  a  nautical  school  in  said  city,  for  the  J;™  towubifsh 
education  and  training  of  pupils  in  the  science  and  practice  of  nauticalscll00, 
navigation  ;  to  furnish  accommodations  for  said  school,  and 
make  all  needful  rules  and  regulations  therefor,  and  for  the 
number  and  compensation  of  instructors  and  others  employed 
therein  ;  to  prescribe  the  government  and  discipline  thereof,  and 
the  terms  and  conditions  upon  which  pupils  shall  be  received 
and  instructed  therein,  and  discharged  therefrom,  and  provide 
in  all  things  for  the  good  management  of  said  nautical  school. 
And  the  said  board  shall  have  power  to  purchase  the  books,  ap-  Booim,etc. 
paratus,  stationery,  and  other  things  necessary  or  expedient  to 
enable  said  school  to  be  properly  and  successfully  conducted,  and 
may  cause  the  said  school  or  the  the  pupils  or  part  of  the  pupils 
thereof  to  go  on  board  vessels  in  the  harbor  of  New  York,  and 
take  cruises  in  or  from  said  harbor  for  the  purpose  of  obtaining 
;)  practical  knowledge  in  navigation  and  of  the  duties  of  mari- 
ners.   And  the  said  board  are  hereby  authorized  to  apply  to  the 
United  States  government  for  the  requisite  use  of  vessels  and 
supplies  for  the  purposes  above  mentioned. 

1069.  The  board  of  education  is  herebv  authorized  and  re-  J*3^ ch-  . 

"  <*  %A.  Comp.  1786. 

quired  to  distribute  to  the  managers  of  the  New  York  lnstitu-  j^to^100' 
tion  for  the  Blind  a  ratable  proportion  of  the  said  school  fund  to  F'v**nto 

r     r  v.        v  managers. 

every  blind  pupil  in  said  institution,  without  regard  to  age. 


t 1  I 


COl'ins  AND  JUDICIAL  PROCEEDINGS. 


IHT3,  oh.  28, 
( !omp.  764. 
ExecutlTe 

cniiiiiiittrc 


Id.  SI- 

Committee  of 
chamber  of 

commerce. 


Reports 


§  1070.  The  said  board  of  education  shall  appoint  annually 
at  least  three  of  their  number,  who  shall,  subject  to  the  control, 
supervision,  and  approbation  of  the  board,  constitute  an  execu- 
tive committee,  for  the  care,  government,  and  management  of 
such  nautical  school,  under  rules  and  regulations  so  prescribed 
and  whose  duty  it  shall  be,  among  other  things,  to  recommend 
the  rules  and  regulations  which  they  deem  necessary  and 
proper  for  such  school. 

?  H»71.  After  the  establishment  and  organization  of  the  said 
school,  the  expenses  thereof,  and  of  carrying  out  the  provisions 
of  this  chapter,  shall  bo  defrayed  from  the  moneys  raised  by 
law  for  the  support  of  common  schools  in  the  city  and  county 
of  New  York. 

|  1*078.  The  chamber  of  commerce  of  New  York  is  author- 
ized to  provide  for  and  appoint  a  committee  of  its  members  to 
serve  as  a  council  of  the  nautical  school,  whose  duty  it  shall  be, 
as  far  as  may  be,  to  advise  and  co-operate  with  the  board  of 
education  in  the  establishment  and  management  of  such  school, 
and  from  time  to  time  to  visit  and  examine  the  same,  and  to 
communicate  in  respect  thereof  with  the  board  of  education  or 
such  executive  committee  thereof,  and  to  make  reports  to  the 
chamber  of  commerce  which  ma}'  transmit  to  the  State  super- 
intendent of  public  instruction  such  reports  or  any  thereof,  or 
an  abstract  of  the  same,  with  such  recommendations  as  may  be 
deemed  advisable. 


1831,  ch.  r., 
Comp.  1265. 
Citv  hall. 


SI. 


lStil.  ch.  4i.  § 
Comp.  1266. 
Court  rooms. 


CHAPTER  XVIII. 
The  Courts  and  Judicial  Proceedings. 

Title  1. — Provisions  applicable  to  Courts  generally. 

§  1073.  The  term  ''city  hall  of  the  city  of  New  York,'"  when 
used  in  any  law  of  this  State,  is  hereby  declared  to  include,  for 
all  legal  purposes,  all  buildings  which  shall  be  designated  by  the 
common  council  of  the  said  city  for  the  use  of  courts  or  public 
offices  within  that  part  of  the  said  city  bounded  by  Chambers 
street,  Broadway,  Park  row,  Chatham  street  and  Tryon  row ; 
but  rooms  or  premises  procured  or  hired  in  accordance  with  law 
for  the  use  of  any  of  the  courts  authorized  by  law  to  be  held  in 
and  for  the  city  and  county  of  New  York,  or  the  first  judicial 


PRACTICE  IN  COURTS  LIMIT  ED  TO  ATTORNEYS. 


418 


i  ,>.  ( iv  Proc 


Cotup.  12C5. 

Co.  Civ.  Proo. 
Coiii|>.  1980. 


district  of  the  State  of  New  York,  shall  be  deemed  a  part  of  the 
city  hall  of  tho  city  of  Now  York  for  tin-  purpose  of  holding  a 
court  therein. 

l()74.  The  mayor,  or,  in  case  of  his  absence  or  other  dis- 
ability, tho  recorder  of  the  city  of  New  York,  may,  by  proc-  nacesfor 

J'  L  •  f  holding  court. 

lamation,  direct  that  the  next  ensuing  term  of  any  Court,  other 
llian  the  court  of  appeals,  appointed  to  be  held  in  that  city, 
shall  be  held  in  any  building  within  the  cil^"  of  New  York,  other 
than  the  building  where  tho  same  is  regularly  to  be  held,  if,  in 
his  opinion,  war,  pestilence,  or  other  public  calamity,  or  the 
danger  thereof,  or  the  destruction  or  injury  of  the  building,  or 
the  want  of  suitable  accommodation,  renders  it  necessary  that 
some  other  place  shonld  be  selected.  The  proclamation  must  be 
published  in  two  or  more  daily  newspapers,  published  in  tho  city 
of  New  York. 

§  1075.  The  first  judicial  district  of  tho  State  shall  consist  of  g^*^*1 
tho  city  of  New  York. 

g  1070.  In  said  city  a  special  proceeding  instituted  before  a 
judge  of  a  court  of  record,  or  a  proceeding  commenced  before  a  in  New  York 

*      •  .  .  .  one  juupe  niav 

judge  of  the  court,  out  of  court,  m  an  action  or  special  pro-  continue  pro- 
J     **  '  *■  ■        ceedinKS  com- 

ceeding  pending  in  a  court  of  record,  .may  be  continued,  from  ™e0nt££j. betorc 
time  to  time,  before  one  or  more  other  judges  of  the  same  court, 
with  like  effect  as  if  it  had  been  instituted  or  commenced  before 
the  judge  who  last  hoars  the  same. 

§  1077.  A  person  shall  not  ask  or  receive,  directly  or  indi-  compfaoM 
rectly,  compensation  for  appearing  as  attorney  in  a  court,  or  Attorneys, 
make  it  a  business  to  practice  as  an  attorney  in  a  court  in  said 
city,  unless  he  has  been  regularly  admitted  to  practice  as  an 
attorney  and  counsellor  in  the  courts  of  record  of  the  State. 

^  107S.  A  person  who  violates  the  last  section  is  guilty  of  a  pen^ty 
misdemeanor,  and  shall  be  punished  by  imprisonment  in  the 
county  jail,  not  exceeding  one  month,  or  by  a  fine  of  not  less 
than  one  hundred  dollars,  or  more  than  two  hundred  and  fifty 
dollars,  or  by  both  such  fine  and  imprisonment.  A  judge  or 
justice  who  knowingly  permits  to  practice  in  his  court  a  person 
who  has  not  been  regularly  admitted  to  practice  in  tho  courts  of 
record  of  the  State,  is  guilty  of  a  misdemeanor,  and  shall  he 
punished  as  prescribed  in  this  section.  But  this  and  the  last 
section  do  not  apply  to  a  case  where  a  person  appears  in  a  cause 
to  which  he  is  a  party. 

S  1079.  No  person  holding  the  office  of  clerk,  deputy  clerk,  ^  c£ni£r^9 
special  deputy  clerk,  or  assistant  in  the  clerk's  office,  of  a  court  cierks.etc  .not 
of  record  in  said  city,  shall  be  appointed,  by  any  court  or  referee,  etc. 
judge,  a  referee,  receiver,  or  commissioner,  except  by  the  writ- 
ten consent  of  all  the  parties  to  the  action  or  special  pro- 
ceeding, other  than  parties  in  default  for  failure  to  appear  or  to 
plead. 


410 


MONEY  I'AII)  INTO  COURT. 


Co.  Civ.  i'roc. 
*131,Comp.!»30. 

BummonB, 
service  of. 


Co.  (  iv.  l'roiv 
)iSul,Coiiip.'J037 
Service  of 
papers. 


Co.  Civ.  1'roc. 
|7M,Comp.8087 
Actions  called 
and  passed. 


III.  (,;■.»:.. 
Unchanged. 
Note  of  issue, 
what  to  con- 
tain. 


td  s?rr. 

Notice  of  trial. 


Co.  Civ.  rroc. 
$745,Comp.:&X)6. 
Money  paid 
Into  court. 


1831,  ch.  516. 

as  amended 
1878.  ch.  33.  |1. 
oh.  175,  §K 
Comp.  13G8. 
Property- 
exempt  from 
taxation. 


§  10so.  Personal  service  of  the  summons  in  an  action 
against  the  mayor,  aldermen,  and  commonalty  of  the  city  of 
New  York,  must  he  made  hy  delivering  a  copy  thereof,  within 
the  State,  to  the.  mayor,  comptroller,  or  counsel  to  the  corpora- 
tion. 

.i  loSl.  Where  a  paper  is  served  or  a  return  is  made  through 
the  post-office  in  said  city,  the  deposit  of  the  package  inahranch 
post-office  has  the  same  effect  as  a  deposit  in  the  general  or  prin- 
cipal post-office  of  that  city. 

§  1082.  Where  an  action  or  special  proceeding,  placed  upon  the 
calendar  of  a  term  of  a  court  of  record  in  said  city,  is  regularly 
called  and  passed,  without  a  postponement  hy  the  court  for  good 
cause  shown,  it  must  thenceforth  he  placed  on  the  same  or  future 
calendar,  as  if  the  date  of  the  issue  was  the  time  when  it  was 
thus  passed. 

§  1083.  In  a  case  specified  in  the  last  section,  the  party  plac- 
ing the  cause  upon  the  calendar  for  a  subsequent  term,  must 
state,  in  the  note  of  issue,  the  date  of  the  issue,  as  prescribed  in 
that  section.  If  he  omits  to  do  so,  by  reason  whereof  the  cause 
retains  its  priority  on  the  calendar,  the  court,  on  the  application 
of  the  adverse  party,  or  of  its  own  motion,  may  strike  the  cause 
from  the  calendar. 

j>  10S4.  Where  a  party  lias  served  a  notice  of  trial,  and 
filed  a  note  of  issue  for  a  term,  at  which  the  cause  is  not 
tried  in  said  city,  it  is  not  necessary  for  him  to  serve  a  new 
notice  of  trial,  or  file  a  new  note  of  issue  for  a  succeeding 
term:  and  the  action  must  remain  on  the  calendar  until  it  is 
disposed  of. 

§  1085.  Unless  the  court  otherwise  specially  directs,  money 
paid  into  court  must  he  paid,  either  directly  or  by  the  officer 
who  is  required  by  law  first  to  receive  it,  to  the  chamberlain, 
within  two  days  after  he  receives  it.  A  bond,  mortgage,  or 
other  security,  or  a  certificate  or  transfer  of  stock,  taken  upon 
the  investment  of  money  paid  into  court,  must  be  taken  to  the 
chamberlain  as  treasurer  of  the  county,  in  his  name  of  office,  or 
to  such  other  county  treasurer  as  the  court  specially  directs. 
But  this  section  does  not  prevent  the  court,  upon  the  applica- 
tion of  a  party  to  an  action,  from  directing  in  what  manner  or 
place  money  paid  into  court  in  the  action  shall  be  deposited  or 
invested. 

§  1080.  No  property  now  exempt  by  law  shall  be  exempt  fiom 
levy  or  sale,  under  an  execution,  issued  upon  a  judgment  ob- 
tained in  any  court  in  the  city  of  New  York  for  work,  labor,  or 
services  done  or  performed  by  any  female  employee  when  the 
amount  of  such  judgment  does  not  exceed  the  sum  of  fifty  dol- 
lars^exclusive  of  costs.    Whenever  any  execution  issued  upon 


8  ILE8  BY  REFKKKES. 


Co.  Civ.  Proo. 
J 1678. 

Salf.  notion  of. 


such  a  judgment  shall  be  returned  unsatisfied,  the  clerk  of  the  £32*^ 
court  wherein  such  judgment  was  obtained  shall  issue  a  further  *°fc£,l?er; 
execution  to  any  marshal  of  the  City  of  Now  York  commanding 
trim  to  collect  the  amount  due  upon  such  judgment,  or  in  default 

of  payment  thereof,  to  arrest  tin* -defendant  in  such  execution 
and  him  safely  convey  to  the  jail  or  debtor's  prison  of  the 
county  of  New  York,  and  commanding  the  jailor  of  said  jail  to 
keep  the  said  defendant  without  henetit  of  jail  limits  until  the 
said  defendant  shall  pay  the  said  judgment,  or  bo  discharged 
according  to  law.  hut  such  imprisonment  shall  in  nojease  extend 
beyond  the  period  of  fifteen  days 

$  1087.  Notice  of  any  sale,  made  in  pursuance  of  any  pro- 
vision  of  title. one  of  chapter  fourteen  of  the  Code  of  Civil  Pro- 
cedure, must  be  given  by  the  officer  making  it,  when  the 
property  is  situated  wholly  orpartlv  in  said  city,  by  publishing 
notice  of  the  sale  at  least  twice  in  each  week  for  the  three  suc- 
cessive weeks  immediately  preceding  the  sale  in  two  daily  papers 
published  in  said  city.  Notice  of  a  postponement  of  the  sale 
must  be  published  iifthe  papers  wherein  the  notice  of  sale  was 
published. 

§  1088.  Sales  of  real  estate  hereafter  made  in  the  city  and  '.^amen 'i  i 
county  of  New  York,  under  the  decree  or  judgment  of  any  ^mphm.' 
court,  may  be  made  by  the  sheriff  of  said  city  and  county,  or  by  ^''"^r*,1^ 

a  referee  appointed  for  that  purpose,  by  such  judgment  or  de-  f  

cree;  but  when  any  sale  is  made  by  any  officer  other  than  the 
sheriff,  in  an  action  of  foreclosure,  no  greater  sum  shall  be 
charged  or  allowed  as  fees  than  the  following.    In  cases  of  sale  onfomV 
on  foreclosure,  the  sheriff  shall  be  entitled  to  receive  the  follow-  ":*,es 
big  fees  and  no  more:  for  receiving  order  of  sale  and  posting 
notices  of  sale,  ten  dollars;  for  attending  sale,  ten  dollars;  for 
drawing  each  deed  of  premises  sold,  five  dollars;  for  attending 
and  adjourning  a  sale  at  the  request  of  the  plaintiff  in  the  action 
or  by  order  of  the  court,  three  dollars,  but  no  more  than  three 
such  adjournments  in  one  action  shall  be  charged  for;  for  making 
report  of  sale,  five  dollars;  for  paying  over  surplus  money,  three 
dollars,  and  all  disbursements  made  by  him  for  printers'  fees  at  to^pSSS?611*" 
the  rate  allowed  by  law  therefor,  fees  of  officers  for  taking  ac- 
knowledgements and  administering  oaths,  and  all  auctioneers"  Auction-'-:-'' 
fees  actually  paid  by  him.  but  not  to  exceed  for  such  auctioneers' 
fees  twelve  dollars  for  each  parcel  separately  sold,  which  auc- 
tioneers'  fees  shall  be  paid  by  the  purchase  of  the  parcel  in  addi 
tion  to  the  amount  bid  by  him  therefor. 

$  1089.  Any  court  of  record  in  the  city,  or  any  judge  or  jus-  oonit«rw«xd 
t ice  thereof,  shall  have  power  at  any  time  after  the  service  of  ^LEESum 
notice  of  the  violation  of  any  of  the  provisions  of  sections  five  uonfwf."'?.6" 
hundred   and   one  or  five    hundred   and   thirty-seven,  and 


4  !  h 


SALES  BY  KM  EREE*  . 


1W3,  ch.  261.  (S, 
Comp.  H52. 


1HG7,  ch.  f  50,  *!'. 
Comp.  449. 
No  injunction 
iiguinKt  board 
except  by 
supreme  court 
on  notice. 
18G7,  Cb.  700.  $3, 
( 'omp.  460. 


1H80,  ch.  551,  $5. 

Injunction 
against 

assessors. 


Jb74,  ch.  C"»ii,  fcl, 
Comp.  1207. 

Journal  for 
publication  of 

calendars,  etc. 


upon  the  affidavit  of  one  of  the  commissioners  of  'health,  to  re- 
strain by  injunction  order  the  further  progress  of  any  violation 
named  in  said  sections,  or  of  any  work  upon  or  about  the  build- 
ing or  premises  upon  which  the  said  violation  exists,  ;ind 
no  undert  aking  shall  be  required  as  a  condition  to  the  granting  or 
issuing  of  such  injunction,  or  by  reason  thereof. 

S:  1090.  Scavengers  duly  licensed  shall  not  be  restricted,  pre 
vented,  or  prohibited  from  carrying  on  their  business  except  by 
action  brought  in  which  a  trial  by  jury  may  be  demanded  by 
either  party  thereto. 

£  1091.  No  preliminary  injunction  shall  be  granted  against 
the  board  of  health,  or  its  officers,  except  by  the  supreme  court, 
at  a  special  or  general  term  thereof,  after  service  of  at  least  eight 
days'  notice  of  a  motion  for  such  injunction,  together  with  copies 
of  the  papers  on  which  the  motion  for  such  injunction  is  to  be 
made.  Whenever  said  board  shall  seek  any  provisional  remedy, 
or  shall  prosecute  any  appeal,  it  shall  not  be  necessary' before 
obtaining  or  prosecuting  the  same  to  give  any  undertaking,  but 
such  board  shall  be  liable  in  the  same  manner  as  if  an  under- 
taking had  been  given  in  the  ordinary  manner. 

§  1092.  The  board  of  assessors  shall  not  be  in  any  way  en- 
joined, restrained,  hindered  or  delayed  in  the  performance  of  the 
duty  imposed  upon  Uiem  in  section  eight  bundled  and  sixty- 
eight  of  this  act. 

§  1093.  The  presiding  justice  of  1  he  supreme  court  of  the 
lirst  judicial  department,  the  chief  judge  of  the  court  of  com- 
mon pleas  in  and  for  the  city  and  county  of  New  York,  the 
chief  judge  of  the  superior  court  of  the  city  of  New  York,  and 
the  chief  justice  of  the  marine  court  of  the  city  of  New  York, 
or  a  majority  of  them,  shall  designate  a  daily  law  journal,  pub- 
lished in  said  city,  in  which  shall  be  published  all  calendar's  of 
the  courts  of  record  held  in  and  for  said  city  and  county,  which 
calendars  shall  contain  the  numbers  and  t  itles  of  the  causes  and 
names  of  the  attorneys  appearing  therein,  with  such  particulars 
and  notices  in  respect  to  such  calendars,  or  the  causes  thereon, 
as  may  be  specified  by  the  clerks  of  said  courts  respectively, 
under  the  order  of  said  courts,  together  with  every  notice  or 
advertisement  in  legal  proceedings  wdiich  may  be  required  by 
law  to  be  published  in  one  or  more  papers  in  said  city  or  county. 
If  such  notice  or  advertisement  is  required  to  be  published  in 
only  one  paper,  1 1 i>-n-  such  publication  shall  be  made  in  said 
paper;  but  if  such  notice  or  advertisement  is  required  to  be  pub- 
lished in  more  than  one  paper,  then  one  of  such  requisite  papers 
shall  be  the  paper  so  designated ;  provided  that  nothing  herein 
contained  shall  be  held  to  apply  to  ,  or  authorize,  or  require  any 
advertisement  to  be  inserted  in  the  journal  to  be  designated  as 


LAW  LIBRARY 


aforesaid,  which  is  directed  by  law  or  ordinance  to  be  advertised 
or  inserted  in  the  "  City  Record,"  the  official  paper  of  the  mayor, 
aldermen,  and  commonalty  of  the  city  of  New  York,  nor  to  re- 
quire the  publication  in  such  paper  <>f  any  advertisements, 
notices,  reports,  or  statements  which  on  December  seventeenth, 
eighteen  hundred  and  seventy-four,  were  under  the  direction 
and  control  of  any  officer  of  the  State  government,  provided 
thai  no  greater  sum  shall  be  paid  per  folio  than  was  at  said  date 
allowed  by  law. 

§  1004.  The  expenses  of  the  publication  of  calendars,  directed  lm< <*:«?. I* 

'  1  1         .  *  Comp.  1207. 

to  be  made  bv  the  preceding  section,  for  each  of  the  courts  Kxp.-nses.imw 

J  1  %0  paid. 

therein  named  shall  be  paid  in  the  same  manner  as  the  expenses 
of  printing  and  stationery  for  the  use  of  said  courts  are  now  or 
shall  hereafter  be  paid,  and  the  amounts  necessary  for  such  pay- 
ments, which  shall  not  exceed  in  the  aggregate  more  than  fif- 
teen thousand  dollars  per  annum,  shall  be  appropriated  in  the 
same  manner  as  other  appropriations  are  provided  by  law  to  be 
made,  for  the  expenses  of  said  courts;  provided  that  no  greater 
sum  shall  be  paid  per  folio  than  that  allowed  by  law  on  Decem- 
ber seventeen,  eighteen  hundred  and  seventy-four,  provided, 
further,  that  not  more  than  ten  dollars  per  annum  shall  be 
charged  to  each  annual  subscriber  therefor. 

«j  100.").  There  shall  continue  to  be  a  law  library  located  in  the 
city  of  New  York,  which  shall  be  known  as  the  New  York  law  justices  of  mi 
library.    The  said  library  shall  be  under  . the  care  and  manage-  Setrariees. 
ment  of  the  justices  of  the  supreme  court  of  the  first  judicial  p^Iaut"'.1 
district,  who  shall  be  the  trustees  thereof.    All  appropriations 
made  for  said  library  shall  be.  paid  to  said  trustees,  to  be  by  them 
disbursed  in  the  purchase  of  books  for  said  library.    The  said  care  of  library, 
trustees  may  make  rules  and  regulations  for  the  management 
and  protection  of  said  library,  and  prescribe  penalties  for  the 
violation  thereof.   They  may  sue  for  and  recover  such  penalties, 
and  may  maintain  actions  for  injuries  to  said  library.  They 
may  procure  proper  furniture  for  said  library,  hire  suitable 
rooms,  employ  a  librarian,  provide  fuel  and  lights,  and  defray 
all  the  incidental  expenses  of  the  care  and  management  of  the 
said  library.    They  shall  yearly  ascertain  the  amount  necessary 
for  the  aforesaid  purposes,  and  certify  it  to  the  board  of  estimate 
and  apportionment,  who  shall  provide  for  raising  and  paying 
the  same. 

§  1006.  The  trustees  of  the  State  library  are  authorized  to  mbb,  ch.  :a,  ja. 
place  in  the  said  library  any  duplicate  of  books  in  their  possession  Book*  to  be 

-  ,  ,     ,         i     i        p    i  n  furnished. 

which  they  may  deem  proper,  and  the  clerk  of  the  court  of  ap 
peals  is  required  to  send  to  said  library  one  copy  of  the  printed 
cases  and  points  in  all  cases  argued  or  submitted  in  said  court. 


COMMITMENT  OF  HABITUAL  DRUNKARDS. 


1.1.  |4. 

Misdemeanors. 


1HCI,  ch.  III. 

Couip.  36'J. 
By  whom,  fur 
whnt  time,  ine- 
brinN'R  com 
mltted  to 

asylum. 


Proceed  int."*  be- 
fore conim  it 

IIK'Ilt 


Id.  SS. 


id.§;. 

.lusticeor  judge 
to  issue  war- 
rant. 


1864,  ch.  Ill,  §8, 
Cnmp.  369. 
When  inebriate 
may  be  tempo- 
rarily com- 
mitted. 
Mode  of 
discharge. 


§  1007.  Any  person  who  shall  willfully  injure  any  of  the  hooks, 
furniture,  or  property  of  said  library  shall  be  guilty  of  a  mis- 
demeanor. 

s  1008.  The  justices  ol  the  supreme  court,  in  the  exercise  of 
their  jurisdiction  within  the  city  of  New  York,  the  justices  of 
the  superior  court  of  s;iid  city,  and  the  judges  of  the  court  of 
common  pleas  in  and  for  the  county  of  New  York,  shall  have 
power  to  commit  to  the  inebriate  asylum,  under  the  control  of 
t  he  commissioners  of  charities  and  correction,  for  a  term  not  to 
exceed  two  years,  all  persons  who,  being  actual  inhabitants  of 
the  said  city,  shall  be  incapable  or  unfit  for  properly  conducting 
their  own  affairs,  inconsequence  of  hahitual  drunkenness.  Such 
commitment  shall  he  made  by  any  of  said  justices  or  judges,  in 
any  case  where  the  facts  referred  to  in  this  section  shall  he  made 
to  appear  hy  petition  or  complaint,  duly  verified  and  presented 
by  any  relative  of  such  hahitual  drunkard,  or  by  the  commis- 
sioners of  public  charities  and  correction,  or  any  officer  of  the 
police  doing  duty  within  the  said  city,  and  upon  return  of  a  com- 
mission issued  upon  such  petition  or  complaint. 

$  1000.  Upon  the  presentation  of  such  petition  or  complaint, 
the  justice  or  judge  to  whom  the  same  shall  he  presented,  shall 
proceed,  in  the  same  manner  as  is  directed  in  title  six  of  chapter 
seventeen  of  of  the  code  of  civil  procedure,  in  relation  to  the 
care  and  custody  of  the  persons  and  estates  of  idiots,  lunatics, 
persons  of  unsound  mind  and  drunkards,  and  according  to  the 
rules  and  practice  of  the  supreme  court  in  such  cases. 

§  1 1 00.  Upon  becoming  satisfied  by  return  of  a  commission  as 
heretofore  provided,  that  any  person  is  an  habitual  drunkard 
and  incapable,  in  consequence  thereof,  of  conducting  his  or  her 
own  affairs,  said  justice  or  judge  shall  have  power,  in  his  dis- 
cretion, to  issue  his  warrant,  committing  the  person  so  found  to 
he  an  habitual  drunkard,  to  the  custody  of  the  said  commis- 
sioners of  public  charities  and  correction,  to  be  detained  in  the 
said  asylum  for  such  period,  not  exceeding  two  years,  as  the 
said  justice  or  judge  may  deem  proper,  and  such  warrant  shall 
he  executed  by  any  member  of  the  police,  upon  the  request  of 
said  commissioners  or  one  of  them.  Any  such  warrant,  duly 
issued,  shall  be  full  and  sufficient  justification  for  all  acts  done, 
by  any  properly  authorized  officer,  under  and  in  accordance 
therewith. 

§  1101.  Any  justice  or  judge  before  whom  proceedings  may 
be  pending  under  the  three  preceding  sections,  may,  after  filing 
of  any  complaint,  and  when  in  his  judgment  the  circumstances 
of  the  case  render  it  proper  so  to  do,  conmiit  the  person  charged 
with  being  an  habitual  drunkard,  to  the  said  asylum  while  pro- 
ceedings on  such  complaint  are  pending,  and  all  persons  so  tem- 
porarily committed  shall  be  discharged  from  said  asylum  if,  on 


UTIONS   M1AINST  THK  CITY. 


return  of  a  commission,  it  shall  be  determined  thai  they  are  not 
proper  persons  to  be  detained. 

\  1102.  Any  person  committed  to  the  said  asylum,  by  order  of  • 
any  justice  or  judge  as  heretofore  provided,  may  be  discharged  ^J™^^1 
therefrom  at  any  time  before  the  expiration  of  the  time  for  ■v,um 
winch  such  person  was  committed,  upon  the  order  of  any  justice 
or  judge  having  jurisdiction  as  herein  provided,  upon  such  jus- 
tice or  judge  being  satisfied  that  such  person  is  cured  and  fit  to 
be  released.  Application  for  such  discharge  may  be  made  by  any 
person,  provided,  however,  that  previous  notice  of  such  applica- 
tion shall  be  given  in  writing  to  the  said  commissioners  of  pub- 
lic charities  and  correction.    Upon  any  such  application  being 
made,  the  justice  or  judge  receiving  the  same  shall  proceed  in 
the  same  manner  as  upon  writs  of  habeas  corpus. 

§  1103.  The  supreme  court  in  the  first  judicial  district,  the  o^^im.'11' 
court  of  common  pleas,  and  the  superior  court  shall  have  exclu-  {SS;  compl'w. 
sive  jurisdiction  of  all  actions  or  special  proceedings  wherein  the  i;.*<;i"Mv.-ju.i- 

J  x  i  o  diction  in  cer- 

mayor,  aldermen,  and  commonalty  thereof  are  made  a  party  de-  tawc"*9- 
fendant. 

^  1104.  No  action  or  special  proceeding  shall  he  prosecuted 

11  —  J  Actions  against 

or  maintained  against  the  said  mavor.  aldermen  and  common-  the  mayor. 

=  J  aldermen  ami 

alty  unless  it  shall  appear  by,  and  as  an  allegation  in  the  com-  commonalty. 

plaint  or  necessary  moving  papers,  that  at  least  thirty  days  have 
elapsed  since  the  claim  or  claims  upon  which  said  action  or  spe- 
cial proceeding  is  founded  were  presented  to  the  comptroller  of 
said  city  for  adjustment,  and  that  he  has  neglected  or  refused 
to  make  an  adjustment  or  payment  thereof  for  thirty  days  after 
such  presentment.  If  the  plaintiff  recover  judgment  in  his  ac- 
tion or  in  his  special  proceeding,  he  shall  recover  full  taxable 
costs  without  regard  to  the  amount  of  the  judgment. 

>?  1105.  All  process  and  papers  for  the  commencement  of  ac-  M-l'- 

•  •  •  ■  Procession 

tions  and  legal  proceedings  against  the  corporation  of  said  city  whom  smwl. 
shall  be  served  either  on  the  mayor,  comptroller,  or  the  counsel 
to  the  corporation. 

£  1100.  Xo  execution  shall  be  lawfullv  issued  upon  anv  iudg-  l'1  iJ:  . 

ment  recovered  upon  such  a  claim  until  after  ten  days'  notice,  in  notice  to  t* 

*  given  before 

writing,  of  the  recovery  of  such  judgment  shall  have  been  given  §?j*l*e*BCU" 
to  the  comptroller. 

§1107.  The  volumes  entitled  "  The  special  and  local  laws  af- 

-  i  .  _  __     _    „  .  Volumes mnv 

recting  public  interests  m  the  citv  or  ZSew  i  ork,   and  printed  bv  thread  in 

.  *  1  J  evidence. 

order  of  the  legislature  of  eighteen  hundred  and  eighty,  may  be  Presumptive 
read  in  evidence  and  cited  in  any  court  or  proceeding.   Said  vol-  special  and 

local  lnw»* 

umes  shall  be  considered  as  containing  presumptively  all  special 
or  local  laws  affecting  public  interests  in  force  in  the  city  of  New 
York,  on  the  first  day  of  January,  eighteen  hundred  and  eighty, 
but  this  presumption  shall  not  be  considered  as  extending  to 


TIJK  SI  I'KKMK  Colin-. 


special  laws  relating  to  any  corporation  (other  than  the  mayor, 
aldermen  and  commonalty),  or  to  any  association  or  society,  nor 
shall  the  insertion  or  omission  of  any  law  relating  to  any  such 
corporation  be  construed  as  in  any  manner  affecting  the  cor- 
porate existence  of  any  such  corporation  or  its  possession  of  its 
franchises. 


1862,  oh.  374,  |7, 
Comp.  1272.  a 
To  pay  CKtra  to 

justices  <>r 
supreme  court. 


1  855,  ch.  :>'.'>.  |9 
Comp.  1273. 

Salary  of  Jus- 
tice assigned. 


1875,  ch.  414.  Jl, 
Comp.  1278. 


Co.  Civ.  Proc. 
J236. 

1880,  ch.  300. 
Governor  may 
appoint  Judge 
or  other  court 
to  hold  terms 
of  supreme 
court. 

Case  and  ex- 
ceptions to  be 
settled  before 
judge  who  tried 
the  action. 


Co.  Civ.  Proc. 
J232,Comp.2035. 
Two  terms  of 
court  may  be 
held. 

1869,  ch.  875,  Jl, 
Comp.  1450. 

1870,  ch.382,  Jl, 
Comp.  1451. 
1867,  ch.  415,  §2, 
Comp.  1450. 
Resolutions  of 
supervisors, 
Dec.  29,  1847; 
Nov.  23,  1854; 
Dec.  27.  1864; 


Title  2.— The  Supreme  Court. 

i  1108.  It  shall  he  lawful  for  the  hoard  of  estimate  and  ap- 
portionment to  provide  for  the  raising  by  tax,  and  for  payment 
to  the  justices  of  the  supreme  court  resident  in  the  first  district, 
of  such  additional  annual  compensation  as  they  may  deem 

propel'. 

§  1 109.  Whenever  any  justice  of  the  supreme  court  from  any 
judicial  district,  other  than  the  first  judicial  district,  shall  he 
duly  assigned  to  hold  any  court  or  perforin  judicial  duties  in  and 
for  the  first  judicial  district,  it  shall  he  lawful  for  the  board  of 
aldermen  to  pay  such  justices  so  assigned  a  sum  not  exceeding 
ten  dollars  a  day  for  every  day  such  justice  shall  sit  and  perforin 
such  judicial  duties,  including  the  time  necessarily  devoted  to 
the  examination  and  decision  of  cases  beard  by  such  court  while 
he  may  be  a  member  thereof. 

|  1 1 10.  The  governor  may,  when  in  his  opinion  the  public  in 
terest  so  requires,  designate  one  or  more  judges  of  the  superior 
court,  or  of  the  court  of  common  pleas,  to  hold  terms  of  the  cir- 
cuit court,  and  special  terms  of  the  supreme  court,  in  said  city. 
The  designation  must  be  in  writing,  and  must  specify  each  term, 
and  the  judge  designated  to  hold  the  same.  A  case  or  excep- 
tions, in  a  cause  tried  at  such  a  term,  must  be  settled  before  the 
judge  who  held  the  same,  and  a  judge  thus  designated  may, 
after  the  expiration  of  the  period  of  such  designation,  decide, 
finally  determine,  and  dispose  of  any  action,  proceeding,  or  jno- 
tion  that  may  have  been  tried  or  heard  before  him;  and  such 
judge,  during  the  period  of  such  designation,  possesses,  within 
the  city  of  New  York,  all  the  powers  of  a  justice  of  the  supreme 
court,  in  or  out  of  court,  to  make  orders  in  any  action  or  special 
proceeding  in  the  supreme  court. 

§  1111.  Two  or  more  terms  of  the  circuit  court  may  be  ap- 
pointed to  be  held,  and  may  be  held,  at  the  same  time,  in  said 
city. 

§  1112;  There  shall  be  in  the  supreme  court  in  said  city  the 
following  clerks  to  be  appointed  b}*  the  county  clerk:  a  law  clerk 
and  an  equity  clerk,  at  an  annual  salary  of  thirty-five  hundred 
dollars  each;  a  clerk  of  the  general  term,  a  clerk  of  the  special 
term,  and  a  clerk  at  chambers,  at  an  annual  salary  of  two  thou- 
sand dollars  each;  a  clerk  of  each  of  the  parts  one,  two,  and 


CLERKS  AMI  ATTENDANTS  OF  SUI'REMF  COURT, 


three  of  the  circuit,  at  an  annual  salary  of  two  thousand  dollars 
each,  and  two  additional  clerks  lo  he  assigned  l>>  part  our  of  the 
circuit,  at  an  annual  salary  of  fifteen  hundred  dollars  each. 

§  1113.  The  judges  of  the  supreme  court  within  the  first  ju- 
dicial district,  or  a  majority  of  them,  from  time  to  time,  may 
appoint,  and  at  pleasure  remove,  such  attendants  upon  the 
court,  including  the  circuit  court  and  the  court  of  oyer  and  ter- 
miner, as  they  think  ne<  essery  for  the  due  transaction  of  the 
husiness  thereof;  not  exceeding  four  attendants  for  each  part, 
and  four  for  the  general  term.  Their  salaries  shall  he  twelve 
hundred  dollars  per  annum;  hut  the  salaries  of  attendants  ap- 
pointed after  May  twenty-ninth,  eighteen  hundred  and  l  ighty. 
shall  he  one  thousand  dollars  per  annum. 

ij  1 114.  The  justices  of  the  supreme  court  for  the  lirst  judicial 
district,  or  a  majority  of  them,  must  appoint,  and  may  at  pleas- 
ure remove,  a  stenographer  for  each  term  of  the  circuit  court, 
for  the  general  term  of  the  supreme  court,  and  for  each  special 
term  of  the  supreme  court,  where  issues  of  fact  are  triable, 
Which  constitutes  a  separate  part.  Each  stenographer  so  ap- 
pointed is  entitled  to  a  salary  of  twenty-five  hundred  dollars  per 
annum.  '  He  must  attend  all  the  sittings  of  the  part  for  which 
he  is  appointed.  If  any  judge  requires  a  copy  of  any  proceed- 
ings written  out  at  length  from  the  stenographic  notes,  he  may 
make  an  order,  directing  one-half  of  the  stenographer's  fees 
therefor  to  he  paid  by  each  of  the  parties  to  the  action  or  special 
proceeding,  at  the  rate  of  ten  cents  for  each  folio  so  written  out, 
and  may  enforce  payment  thereof.  If  there  are  two  or  more 
parties  on  the  same  side,  the  order  may  direct  either  of  them  to 
pay  the  sum  payahle  by  their  side  for  the  stenographers  fees;  or 
it  may  apportion  the  payment  thereof  among  them,  as  the  judge 
deems  just. 

£  1115.  The  judge  who  holds,  in  the  first  judicial  district,  an 
extraordinary  term  of  the  circuit  court,  or  an  extraordinary 
special  term  of  the  supreme  court,  must  appoint  a  stenographer 
for  that  term,  who  is  entitled  to  a  compensation,  at  the  rate  and 
in  the  manner  prescribed  by  law  for  the  official  stenographer. 

£  1116.  The  justices  of  the  supreme  court  of  the  first  judicial 
district,  or  a  majority  of  them,  are  hereby  authorized  to  appoint 
from  time  to  time,  as  shall  be  necessary,  a  suitable  person  to  dis- 
charge the  duties  of  crier  of  the  supreme  court  in  the  city  and 
county  of  New  York;  such  person  to  be  paid  such  compensation 
and  in  such  manneu  as  the  board  of  estimate  and  apportionment 
shall  determine. 

§  1117.  A  motion,  upon  notice,  in  an  action  in  the  supreme 
court  triable  in  the  first  judicial  district,  must  he  made  in  that 
district;  a  motion,  upon  notice,  cannot  be  made  in  that  district. 


M.ll.'ll  10,  |H|* 

April  HI,  1857: 
Mur<  h  22.  1K|><: 
April  2rt.  IK-ls 
Nov.  24.  I  Mil.!: 

(fab.  1.  )8B0, 
Co.  Civ.  I'riw 
i'.i.t. e.,inp  MOO 

Attendants 

upon  oourti  in 
New  York  city 

Israeli.  438. 

lHso,  oh.  581,  |E 


Co.  Civ.  IYim 
Sill :  18H0,ch.54 : 

1871,  oh,  JW>, 
Stenographers 
in  first  district, 


Id.  |3B& 
Stenographei-s 
for  extra  terms 
in  New  York 
city. 


i8Co.  iii.  -.tit;. 

Comp.  1274. 
Crier  of  court. 


Co.  Civ.  Proc. 
$$769,  770, 
Comp.  2(136. 

Motions,  «  hero 
made. 


J  2  4 


BALE  OF  RIGHTS  OF  PRE-EMPTION. 


i8»g,cii.  302,  §ao. 

( 'oinp.  559. 
Review  t< >  be 
ul lowed  by 
court. 


1SI7,  ch.  391,  SI, 
u  emended 
1848,  ch.  32,  $1. 
Comp.  1275. 
Power  of  su- 
preme court  to 
decree  an  abso- 
lute Hide. 


iai7.  ch.  391,  52, 
Conip.  1275. 
Sale,  how  to  be 
made  and  con- 
ducted. 


Proviso. 


ch.  32,  §2. 
Comp.  1276. 


in  an  action  triable  elsewhere.  But  this  section  does  not  apply 
to  a  case  where  it  is  specially  prescribed  by  law,  that  a  motion 
may  be  made  in  the  county,  where  the  applicant,  or  other  per- 
son to  be  affected  thereby,  or  the  attorney  resides.  In  the  first 
judicial  district,  a  motion  which  elsewhere  must  be  made  in 
court,  may  be  made  to  a  judge  out  of  court,  except  for  a  new- 
trial  on  the  merits. 

§  111S.  A  certiorari  to  review  and  correct  on  the  merits,  any 
decision  or  action  of  the  commissioners  of  taxes  and  assessments 
in  pursuance  of  sections  eight  hundred  and  nineteen  and  eight 
hundred  and  twenty  of  this  act,  shall  be  allowed  by  the  supreme 
court  or  any  judge  thereof  directed  to  the  gat<3  commissioner"-, 
on  the  petition  of  the  party  aggrieved. 

§  1119.  In  all  cases  where  several  persons  are  the  owners,  or 
claim  to  be  the  owners  of  any  real  estate  or  chattels  real,  lying 
within  the  bounds  of  the  city  and  county  of  New  York,  having 
different  estates,  or  estates  in  common  therein,  in  possession,  re- 
mainder or  reversion,  and  which  said  pei^ons  shall  by  virtue  of 
such  ownership,  or  claim  to  such  ownership,  be  entitled  or  claim 
to  be  entitled  by  law  to  a  pre-emptive  right,  to  have,  take,  or 
demand  the  grant  or  lease  of  any  other  land,  or  easement  in 
land,  from  the  mayor,  aldeimen,  and  commonalty  of  the  city  of 
New  York,  the  supreme  court  of  this  State  shall  have  power, 
and  such  court  is  hereby  vested  with  full  power  and  authority, 
on  the  application  of  either  of  the  said  owners,  or  of  the  said 
mayor,  aldermen,  and  commonalty  of  the  city  of  New  York,  to 
decree  an  absolute  sale  and  conveyance  of  such  right  of  pre- 
emption, and  to  make  such  disposition  of  the  net  moneys  arising 
from  such  sale,  after  the  payment  of  the  costs  and  expenses  of 
the  proceedings,  as  shall  be  just  and  proper,  according  to 'the 
rights  and  interests  of  the  said  several  owners. 

§  1120.  Such  sale  shall  be  made  and  conducted  on  like  notice 
by  the  like  officer,  and  in  the  same  maimer  and  form  as  sales  of 
real  estate  on  the  foreclosure  of  a  mortgage  by  virtue  of  a  decree 
or  order  of  said  court,  and  a  deed  of  conveyance  for  the  said 
right  of  pre-emption  shall  in  like  manner  be  executed  and  deliv- 
ered to  the  purchaser,  which  deed  shall  vest  in  the  purchaser 
absolutely  all  the  claim,  right,  title,  and  interest  of  the  owner  of 
the  said  right  of  pre-emption,  and  every  of  them,  of,  in,  or  to 
the  said  right  of  pre-emption  thus  sold  and  conveyed;  provided 
always,  in  every  case  the  applicant  shall  give  six  weeks'  previous 
notice  of  such  intended  application  if  the  owners  entitled  by  law 
to  such  pre-emption  right  are  residents,  and  six  months' previous 
notice  of  such  intended  application  if  the  owners  are  non-resi- 
dents of  this  State,  by  publication  for  three  months  successively, 
twice  in  each  week,  in  two  of  the  daily  papers  published  in  the 


.11  KISOM  "l  it  »N  OK  TIIK  SI  I'KlilOi:  CITY  COURTS. 


I-'.". 


city  of  New  York  prior  to  such  application  to  the  court  for  an 
order  of  sale;  ami  provided  also,  that  the  court  shall  he  satisfied 
that  such  order  of  sale  shall  not  interfere  with  or  impair  the 
obligation  contained  in  any  lease  or  contract  made  hy  the  said 
mayor,  aldermen,  and  commonalty  to  or  with  any  person  or 
prisons  whatsoever. 

>J  L121.  in  all  cases  where  any  owner  shall  he  an  infant,  a  11  - 
guardian  shall  be  appointed  for  such  infant,  who  shall  give  the  cawof  lnfintn 
like  security,  and  possess  the  like  powers,  and  discharge  the  like 
duties  as  in  cases  for  the  partition  of  lands. 

^1122.  Whenever  any  owner  shall  reside  in  the  citv  of  New  ta.M4,s. 

,_     ,  .  ,    ,  ..  i    ii  i  j  Notice,  how  t« 

lork,  notice  of  such  intended  application  shall  he  served  per-  >•<•  «-rv.-,i 

mm     m      _t  owners. 

sonally  on  such  owner,  or  hy  leaving  the  same  at  his  dwelling 
house  with  some  person  of  suitable  age  and  discretion  at  least 
twenty  days  before  such  application  is  made,  and  in  all  cases 
where  such  owner  shall  reside  out  of  the  said  city  and  within 
any  of  the  United  States,  and  such  place  of  residence  be  known 
to  the  applicant,  such  notice  shall  he  served  by  mail,  addressed 
to  such  owner  at  his  place  of  residence  at  least  three  months  be- 
fore such  application  is  made.  Proof  of  sucli  service  by  affidavit 
shall  be  made  to  the  court  before  any  order  of  sale  shall  be  made. 
Any  of  the  parties  to  said  suit  may  become  the  purchaser  on  said 
sale. 


Title  ;'>.  —  The  Court  of  Common  Pleas  and  the  Superior  Court. 

§  1123.  The  court  of  common  pleas  for  the  city  and  county  of  <  0.  (  n  iw. 
New  York  and  the  superior  court  of  the  city  of  New  York  are  i^j^'n^n- 
courts  of  record.    The  judges  thereof  are  magistrates.    The      '(  1 
court  of  common  pleas  for  the  city  and  county  of  New  York  and  Kach  court 
the  superior  court  of  the  city  of  New  York  consist  of  six  judges  lodges  ,c\S!et* 
for  each  court,  one  of  whom  must,  from  time  to  time,  as  a  ,m]KP' 
vacancy  occurs,  be  appointed  chief  judge  of  his  court,  as  pre- 
scribed in  the  constitution. 

^  1124.  When  the  official  term  of  any  judge  of  the  superior  i8Jo,ch  Be, 59. 
court  or  of  the  court  of  common  pleas  will  expire  at  the  close  of  sncces-so^ 
any  year,  by  the  effluxion  of  time  or  the  disability  of  age,  the  5jJ£e£nd  ! "'" 
successor  of  such  judge  shall  be  chosen  at  the  preceding  general 
election.    Vacancies  otherwise  occurring  in  the  said  offices  shall 
he  filled  in  the  manner  prescribed  in  the  ninth  section  of  the 
sixth  article  of  the  constitution. 

ii  1125.  The  superior  court  and  the  court  of  common  pleas  Co.  civ.  proc. 
respectively  may,  from  time  to  time,  by  an  order  made  at  gen-  oartainwipe« 
era!  term,  direct  the  clerk  of  the  court  to  destroy  any  of  the  Strayed, 
following  papers,  now  filed,  or  hereafter  to  be  filed  in  his  office, 
which  the  court  deems  to  have  become  useless,  to  wit  :  Plead- 


420 


.JURISDICTION  OK  THK  COCKT  OF 


ings  or  copies  of  pleadings  furnished  for  the  use  of  the  court- 
jury  panels  and  returns  of  inferior  courts,  which  have  been  ein; 
bodied  in  judgment-records  or  judgment  rolls.  But  this  provis- 
ion does  not  authorize  the  destruction  of  a  judgment-roll  or  a 
paper  incorporated  or  necessary  to  be  incorporated  into  a  judg- 
ment-roll. 

Co- civ. Proc.  §1120.  The  civil  jurisdiction  of  the  superior  court  and  the 
( lenorol  Juris  court  of  common  pleas  extends  to  the  following  actions  and 
mperior city     special  proceedings,  in  addition  to  the  jurisdiction,  power,  and 

authority  conferred  upon  either  of  said  courts,  in  a  particular 

case,  by  special  statutory  provision  : 

1.  To  an  action  of  ejectment;  for  the  partition  of  real  prop- 
erty; for  dower;  to  foreclose  a  mortgage  upon  real  property  or 
upon  a  chattel  real  ;  to  compel  the  determination  of  a  claim  to 
real  property  ;  for  waste  ;  for  a  nuisance  ;  or  to  procure  a  judg- 
ment directing  a  conveyance  of  real  property  ;  and  to  every 
other  action  to  recover  or  to  procure  a  judgment,  establishing, 
determining,  defining,  forfeiting,  annulling,  or  otherwise  affect- 
ing an  estate,  right,  title,  lien,  or  other  interest  in  real  property 
or  a  chattel  real.  But  jurisdiction  attaches  under  this  sub- 
division only  where  the  real  property  to  which  the  action  relates 
is  situated  within  the  city  of  New  York. 

2.  To  an  action  for  any  other  cause,  where  the  cause  of 
action  arose  within  that  city  ;  or  where  the  defendant  is  a  resi- 
dent of  that  city  ;  or  where  the  summons  is  personally  served 
upon  the  defendant  therein  ;  or  where  the  action  is  brought  to 
recover  a  penalty,  or  for  any  other  cause  of  action  given  by  the 
charter,  a  by-law  or  an  ordinance  of  that  city. 

3.  To  an  action  to  recover  damages  for  an  injury  to  real  prop- 
erty, or  a  chattel  real;  or  for  the  breach  of  a  contract,  express 
or  implied,  relating  to  real  property  or  a  chattel  real;  where  the 
real  property  is  situated  within  that  city,  or  where  the  defend- 
ant is  a  resident  of  that  city,  or  where  the  summons  is  person- 
ally served  upon  the  defendant  therein. 

4.  To  an  action  to  recover  a  chattel;  to  foreclose  or  enforce  a 
lien  upon  personal  property;  or  to  recover  damages  for  an  in- 
jury to  personal  property;  where  the  property  to  which  the  ac- 
tion relates  is  situated  within  that  city  at  the  time  when  the  ac- 
tion is  commenced.  If  the  property  consists  of  one  or  more 
sharefigfin  the  capital  sfock  of  a  domestic  corporation  or  joint- 
stock  association,  whose  principal  place  of  business  is  located 
or  established  within  that  city,  or  of  a  debt  due  from,  or  money, 
or  a  thing  in  action,  in  the  possession  or  under  the  control  of, 
such  a  corporation  or  joint-stock  association,  it  is  deemed  to  be 
situated  within  that  city,  within  the  meaning  of  this  subdi- 
vision . 


COMMON  PLEAS  AND  SUTKttloK  COURT.  4J7 

:>.  To  a  judgment  creditor's  action;  where  the  judgment 
upon  which  the  action  is  founled  was  recovered  in  the  same 
court. 

<l.  To  an  action  for  any  cause  brought  by  a  resident  ot  the 
city,  against  a  natural  person,  who  is  not  a  resident  of  the 
State. 

7.  To  an  action  brought  by  a  resident  of  that  city  against 
a  foreign  corporation,  either  lone)  to  recover  damages  for  the 
breach  of  a  contract,  express  or  implied,  or  a  sum  payable  by  the 
terms  of  a  contract,  express  or  implied,  where  the  contract  was 
made,  executed  or  delivered  within  the  State,  or  where  the 
cause  of  action  arose  within  the  State;  or  (two)  where  a  warrant 
of  attachment,  granted  in  the  action,  has  been  actually  levied, 
within  that  city,  upon  property  of  the  corporation;  or  (three) 
where  the  summons  is  served  by  a  delivery  of  a  copy  thereof, 
within  that  city,  to  an  officer  of  the  corporation,  as  prescribed 
by  law. 

S.  To  the  custody  of  the  person  and  the  care  of  the  property, 
concurrently  with  the  supreme  court,  of  a  person  residing  in  that 
city,  or  residing  without  the  State  and  sojourning  in  that  city, 
who  is  incompetent  to  manage  his  affairs  by  reason  of  lunacy, 
idiocy  or  habitual  drunkenness;  and  to  any  special  proceeding 
which  the  supreme  court  has  jurisdiction  to  entertain,  for  the 
appointment  of  a  committee  of  the  person  or  of  the  property  of 
such  an  incompetent  person,  or  for  the  sale  or  other  disposition 
of  the  real  property,  situated  within  that  city,  of  a  person, 
wherever  resident,  who  is  so  incompetent,  or  who  is  an  infant; 
or  for  the  sale  or  other  disposition  of  the  property,  or  the  volun- 
tary dissolution  of;a  domestic  corporation,  whose  principal  place 
of  business  is  located  or  established  within  that  city,  or  for  the 
sale  or  other  disposition  of  the  real  property  situated  within  that 
city,  of  a  domestic  corporation,  wherever  it  is  located. 

0.  To  any  other  special  proceeding  which  the  supreme  court 
has  jurisdiction  to  entertain,  where  the  person  against  whom 
it  is  brought  is  a  resident  of  that  city,  or  the  mandate  by  which 
the  special  proceeding  is  commenced  is  personally  served 
upon  him  within  that  city,  or  all  the  acts  or  omissions  upon 
which  it  is  founded  were  done  or  committed  within  that  city, 
or  the  subject  thereof  is  situated  within  that  city  ;  or  where  the 
special  proceeding  is  brought  for  such  a  purpose,  or  under  such 
circumstances  that  the  said  superior  court  or  court  of  common 
pleas  would  have  jurisdiction  of  an  action  for  the  like  purpose, 
or  under  the  like  circumstances,  by  the  terms  of  subdivision  first 
of  this  section. 

§  1127.  For  the  purpose  of  determining  the  jurisdiction  of  the  ro  civ 
said  courts  in  a  case  specified  in  the  last  section,  a  domestic  cor-  l8M.oomp.tt 


< 


428   JURISDICTION  OF  SUPERIOR  AND  COMMON  PLEAS  COURTS. 


Domestic  cor- 
porations, etc., 
when  deemed 

ifsi.it  nts.  etc, 


Id.  i'Mj. 

Where  there 
are  two 
nr  more 
defendants 


Co.  Civ.  Proc. 
^OB.Comp.l^-.'. 
Jurisdiction  to 
be  presumed ; 
want  of  juris- 
diction matter 
of  defense. 


poration  or  joint-stock  association,  whose  principal  place  of 
business  is  established,  by  or  pursuant  to  a  statute,  or  by  its 
articles  of  association,  or  is  actually  located,  within  the  city  of 
New  York,  is  deemed  a  resident  of  that  city  ;  and  personal  ser- 
.vice  of  a  summons,  made  within  that  city,  as  prescribed  in  the 
Code  of  Civil  Procedure,  or  personal  service  of  a  mandate, 
whereby  a  special  proceeding  is  commenced,  made  within  that 
city,  as  prescribed  in  said  act  for  personal  service  of  a  summons, 
is  sufficient  service  thereof  upon  a  domestic  corporation,  wher- 
ever it  is  located. 

§1128.  Where  an  action  or  a  special  proceeding  is  brought 
against  two  or  more  parties,  and  the  jurisdiction  of  the  said 
courts  depends  upon  the  residence  of  a  party,  within  the  city;  or 
personal  service  upon  him,  within  the  city,  of  the  summons  or 
the  mandate  for  the  commencement  of  the  special  proceeding  ; 
or  the  levying  of  a,  warrant  of  attachment  within  the  city  ;  and 
jurisdiction  is  thus  acquired  as  against  one  or  more,  but  not  as 
against  all  of  them,  the  jurisdiction,  with  respect  to  the  others, 
is  governed  by  the  following  rules  : 

1.  Where  the  action  or  special  proceeding  is  founded  upon  a 
contract,  upon  which  two  or  more  persons  are  jointly  liable,  and 
the  court  has  or  acquires  jurisdiction  thereof,  as  against  one  of 
them,  it  has  jurisdiction  thereof  as  against  all  the  persons  so 
jointly  liable.  But  this  subdivision  does  not  extend  to  a  case 
where  the  liability  is  several  as  well  as  joint. 

l\  Where  an  action  or  a  special  proceeding  brought  against  a 
public  officer,  together  with  one  or  more  private  persons,  is 
founded  upon  an  official  act  or  omission;  c* where  an  action  or  a 
special  proceeding  brought  against  a  corporation,  together  with 
one  or  more  natural  persons,  is  founded  upon  an  act  or  omission 
of  the  corporation  ;  and  the  court  has  or  acquires  jurisdiction 
thereof,  as  against  the  public  officer  or  the  corporation  ;  it  has 
jurisdiction  thereof  as  against  all  persons  who  are  necessary 
parties  to  the  complete  determination  of  the  controversy. 

3.  Where  it  is  not  necessary  to  the  complete  determination 
of  the  controversy,  that  all  the  parties  thereto  should  be  sub- 
jected to  the  jurisdiction  of  the  court,  the  action  or  special 
proceeding  may  be  discontinued  or  dismissed,  as  to  the  parties 
over  whom  the  court  has  not  jurisdiction,  and  proceed  as  to  the 
others,  as  if  they  were  the  only  parties  against  whom  it  was 
brought. 

^  1129.  The  jurisdiction  of  the  said  courts  in  an  action  or  a 
special  proceeding  brought  therein,  must  always  be  presumed.  It 
is  not  necessary  to  set  forth  in  a  complaint  in  such  an  action,  or 
in  the  petition  or  other  statement  of  the  case  in  such  a  special 
proceeding,  any  of  the  jurisdictional  facts  specified  in  section 


UK.MOVAI,  <)K  ACTIONS  INTO  SUPREME  COURT. 


429 


cloven  hundred  and  twenty-six  of  this  act ;  and  whore  the  defen- 
dant in  tho  action,  or  the  person  against  whom  the  special  pro- 
Ceeding  is  instituted,  appeals,  tho  want  of  jurisdiction,  hy  reason 
of  the  non-existence  of  any  of  thoso  facts  is  a  matter  of  de- 
fense, and  is  waived  hy  the  appearance,  unless  it  is  pleaded  in 
defense. 

g  H80.  Where  either  of  said  courts  has  jurisdiction  of  an  ac-  ^y,/,1,1,,,!,'! 
tion  or  special  proceeding;,  it  possesses  the  same  jurisdiction,  an-  Jurisdiction, 

i  .  i  i  i  •       1  '  1.       etc.,  to  be  co- 

thoritv,  and  power  in  and  over  the  same,  and  in  the  course  of  the  extensive  »iih 
J '        1  tnnt  nf  supreme 

proceedings  therein,  which  the  supreme  court  possesses  in  a  like  court' 
Case*;  and  it  may  render  any  judgment,  or  grant  either  party 
any  relief,  which  the  supreme  court  might  render  or  grant  in  a 
like  case,  and  may  enforce  its  mandates  in  like  manner  as  the 
supreme  court.  And  each  judge  of  such  court  possesses  the 
same  power  and  authority,  in  the  action  or  special  proceeding, 
which  a  justice  of  the  supreme  court  possesses  in  a  like  action 
or  special  proceeding  hrought  in  the  supreme  court. 

1131.  Each  judge  of  said  courts  also  possesses  the  tame  Id  S208 
power  and  authority,  in  a  special  proceeding,  which  can  he  law-  1,1 ;  in  special 

-  ,  .  .         .  proceedings 

fully  instituted  before  him,  out  of  court,  which  a  justice  of  the  out  of  court, 
supreme  court  possesses  in  a  like  special  proceeding  instituted 
before  him  in  like  manner. 

£  1132.  The  supreme  court  may,  hy  an  order  made  at  any  w-i269- 
time  after  joinder  of  an  issue  of  fact,  and  before  the  trial  thereof,  ,,ia> 

,.  -..  moved  Into 

remove  to  itself  an  action  or  a  special  proceeding  pending  m  supremo  court, 
either  of  said  courts,  for  the  purpose  of  changing  the  place  of 
trial  or  hearing  thereof.  "Where  an  order  for  a  removal  is  made, 
as  prescribed  in  this  section,  the  place  of  trial  or  hearing  must 
he  changed  by  the  same  order  to  another  county.  A  certified 
copy  of  the  order  must  be  filed  in  the  office  of  the  clerk  of  the 
court  in  which  the  action  or  special  proceeding  was  commenced. 
Thereupon  it  is  removed  into  the  supreme  court ;  and  the  subse- 
quent proceedings  therein  must  be  the  same  as  if  it  had  been 
originally  brought  in  the  supreme  court. 

§  1133.  Aji  order  for  the  removal  of  an  action  or  special  pro-  i^^mp^ 
ceeding,  as  prescribed  in  the  last  section,  can  be  made  only  upon  in 
notice,  and  by  a  special  term  of  the  supreme  court,  where  the  ordealf pf 
motion  might  be  made  if  the  action  or  special  proceeding  was  ^ap- 
pending in  the  supreme  court,  and  brought  in  the  county  of 
New  York;  and  in  a  case  where  an  order,  changing  in  like  man- 
ner the  place  of  trial  or  hearing,  would  be  granted  if  the  action 
or  special  proceeding  was  pending  in  the  supreme  court. 

£  1134.  An  appeal  from  an  order,  made  upon  such  a  motion.  M 
must  be  taken  and  heard  in  like  manner  as  if  the  action  or  spe-  £m*>ai  from 
cial  proceeding  was  pending  in  the  supreme  court  and  triable  in  removal 
the  county  of  Xew  York.    Such  an  appeal  brings  up  to  the  gen- 


|:;u 


REMOVAL  OF  ACTIONS  INTO  SUPRKMK  COURT. 


id.  an. 

( Mer  to  htn.v 

proceedings  to 

procure 

removal. 


Co.  civ.  Proc, 
t278,Comp  ,1888. 
Removal  to  su- 
jirenie  cimrt 
when  JudtfCH  of 
city  court  can- 
not act. 


Td.  is;  I 

Removal  from 
supreme  court 
to  city  court 
by  consent. 


td.  i-i7Z. 
Duty  of  Clerks 
when  removal 
made. 


Co.  Civ.  Proc. 
^276,Comp.ias>4. 
Removal  not  to 
affect  validity 
of  former  pro- 
ceedings, etc. 


oral  term,  and  thence  to  the  court  of  appeals,  if  the  order  is  ap 
pealable  to  that  court,  all  questions  which  were  before  the  special 
term,  and  the  appellate  tribunal  must  dispose  of  the  same  as  if 
they  were  originally  presented  to  it. 

£1185.  An  older  to  stay  proceedings,  for  the  purpose  of  af- 
fording an  opportunity  to  make  such  an  application  for  removal, 
may  be  made  by  a  judge,  authorized  to  make  an  order  to  stay 
proceedings,  either  in  the  court  where  the  action  or  special  pro- 
ceeding is  pending,  or  in  the  supreme  court,  and  with  like  effect, 
and  under  like  circumstances. 

§  1130.  If  all  the  judges  of  either  of  said  courts  are,  for  any 
reason,  incapable  of  sitting  upon  the  trial  of  an  action,  or  the 
hearing  of  a  special  proceeding  pending  therein,  or  if  all,  or  all 
but  one,  of  the  judges  of  either  of  said  courts  are  incapable  of 
sitting  upon  the  hearing  of  an  appeal  therein,  the  judges  of  the 
court,  or  a  majority  of  them,  must  make  and  file  in  the  office  of 
the  clerk  of  the  court  a  certificate  of  the  fact.  Thereupon  the 
action  or  special  proceeding  is  removed  to  the  supreme 
court ;  and  the  subsequent  proceedings  therein  must  be  the 
same  as  if  it  had  been  originally  brought  in  the  supreme 
court. 

§  1137.  The  supreme  court,  where  the  parties  manifest  in 
Writing  their  consent,  must  make  an  order  directing  that 
an  action  or  special  proceeding,  pending  in  that  court  and  triable 
in  the  county  of  New  York,  be  removed  to  either  of  said  courts 
as  specified  in  the  consent.  A  certified  copy  of  the  order  must 
be  filed  in  the  office  of  the  clerk  of  the  court  to  which  the  action 
or  special  proceeding  is  ordered  to  be  removed.  Thereupon  it  is 
removed  accordingly  ;  and  all  subsequent  proceedings  therein 
must  be  the  same  as  if  it  had  been  originally  brought  in  said 
court. 

§  113S.  Where  an  action  or  special  proceeding  is  removed 
from  one  court  to  another,  the  clerk  of  the  court  from  which 
it  is  removed  must  forthwith  deliver  to  the  clerk  of  the  court  to 
which  is  it  removed  all  papers  filed  therein,  and  certified 
copies  of  all  minutes  and  entries  relating  thereto,  which  must 
be  filed,  entered,  or  recorded,  as  the  case  requires,  in  the 
office  of  the  last-mentioned  clerk.  If  the  action  or  special 
proceeding  is  removed  to  the  supreme  court,  and  the  place  of 
trial  or  hearing  changed,  the  delivery  must  be  made  to  the  clerk 
of  the  county  in  which  the  order  of  removal  directs  the  trial  or 
hearing  to  be  had. 

£  1139.  The  removal  of  an  action  or  special  proceeding  does 
not  invalidate  or  in  any  manner  impair  a  process,  provisional 
remedy,  or  other  proceeding,  or  a  bond,  undertaking,  or 
recognizance,  in  the  action  of  special  proceeding  so  removed  ; 


REMOVAL  OF  \<  HONS  INTO  SUPREME  COUBT.  431 

oach  of  which  continues  to  have  the  same  validity  and  effect 
as  if  the  removal  had  not  been  made.  Where  bail  has  been 
given,  the  surrender  of  the  defendant  in  the  court  t<>  winch 
the  action  or  special  proceeding  was  removed,  has  the  same 
effect  as  a  surrender  in  the  court  from  which  it  was  removed 
would  have  had  if  the  action  or  spec  ial  proceeding  had  remained 
therein. 

£  1140.  In  an  action  or  special  proceeding  brought  in  the 

°  1  r  ■  "  W  hen  county 

superior  court  or  the  court  of  common  pleas,  an  order  may  be  "A3l-r 
made  without  notice,  or  an  order  to  stay  proceedings  may  be  made 
upon  notice  by  the  county  judge  of  the  county  where  the 
attorney  for  the  applicant  resides,  in  a  case  where  a  judge  of 
either  of  said  courts  might  make  the  same  out  of  court,  and  with 
like  effect. 

ji  1141.  Either  of  said  courts  has  power,  in  an  action  or  special  w 
proceeding  of  which  it  has  jurisdiction,  to  send  its  process  and  process  to  any 

1  count  v. 

other  mandates  into  any  county  of  the  State  for  service  or 
execution,  and  to  enforce  obedience  thereto, with  like  power  and 
authority  as  the  supreme  court. 

1142.  The  judges  of  each  of  said  courts,  or  a  majority  of  Co.  cit.  Froc. 
them,  must,  from  time  to  time,  appoint  the  times  for  holding  Appointment 
the  general,  special,  and  trial  terms  of  their  court.  They  must  0  ,"r",s* e,c' 
also  assign  the  judges  to  hold  each  of  the  terms,  and  designate 
the  trial  terms  at  which  issues  of  fact  are  triable  by  a  jury.  A 
general,  a  special,  and  one  or  more  trial  terms  may  be  appointed 
to  be  held,  and  may  be  held  at  the  same  time.  The  judges,  or 
a  majority  of  them,  must  also  appoint  reasonable  times  when  a 
judge  must  attend  at  chambers,  and  designate  the  judge  to 
attend  for  that  purpose.  Each  appointment,  made  as  prescribed 
in  this  section,  must  be  signed  by  the  judges  making  the  same, 
and  filed  in  the  clerk's  office.  A  copy  thereof  must  be 
published  in  the  newspaper  printed  in  Albany,  in  which  legal 
notices  are  required  to  be  published,  and  in  the  daily  law 
journal  designated,  according  to  law.  at  least  once  in  each 
week,  for  three  successive  weeks,  before  a  term  is  held  by  virtue 
thereof. 

>j  1143.  A  general  term  of  either  of  said  courts  must  be  held  {an^m^Ss 
by  at  least  two  judges.    Two  must  concur  to  determine  a  cause,  oenemi  terms. 

,  .  i         i  i-i  •  bF  w'hom  heM. 

otherwise  it  must  be  reheard  ;  except  that  if  the  remaining  judge  etc- 
or  judges  are  disqualified  to  sit  upon  an  appeal,  the  judgment  or 
order  appealed  from  must  be  affirmed,  unless  a  rehearing  is 
directed. 

£  1144.  A  special  term  or  a  trial  term  of  either  of  said  courts 

r  Id.  $282. 

must  be  held  by  one  judge.  special  ani 

§  1145.  When  the  chief  judge  of  either  of  said  courts  certifies  u.  pes. 
that  a  book  of  minutes,  records,  indices,  or  dockets  of  judgments. 


1 32 


CLERKS  OF  THE  SUPEKIOK  CITY  COURTS. 


New  records, 
etc.,  in  place  Of 

those  undilu- 
ted or  In  jured. 


Id.  i'ZS4. 
Clerks  and 
deputy  clerks. 


Id.  *2>C> 

as  amended 

1879,  ch.  IMS. 

Special  deput;. 

clerks. 


Co.  Civ.  Proc. 
Jj288,Comp.lS8l}. 
Assistants,  etc. 
in  clerks' 
offices. 


Co.  Civ.  Proc. 
$'2*U,  C'onip. 
1386. 

Stenographers. 


in  the  office  of  the  clerk  of  the  court,  has  become  so  mutilated 
or  injured  that  it  cannot  be  conveniently  used  or  correctly 
examined,  the  clerk  of  the  court  must  cause  a  copy  thereof  to  be 
made.  The  expense  of  making  the  copy,  not  exceeding  ten  rents 
for  each  folio,  is  a  charge  upon  the  city,  and  it  must^  be  paid  by 
the  comptroller,  upon  the  certificate  of  the  clerk  that  the  copy 
w  as  made  pursuant  to  his  direction.  The  copy,  w  hen  certified  by 
the  clerk  to  be  a  correct  copy  of  the  original,  has,  presumptively, 
the  elFect  of  the  original.  The  original  must  be  preserved,  and 
may  be  referred  to  any  time,  by  the  direction  of  a  judge  of  the 
court. 

§  1140.  Each  of  said  courts  has  a  clerk  w  ho  is  appointed,  and 
may  be  removed  at  pleasure,  by  the  judges  of  the  court,  or  a 
majority  of  them.  Each  clerk,  by  a  w  riting  under  his  hand  and 
the  seal  of  the- court  filed  in  his  office,  must  appoint,  and  may  at 
pleasure  remove,  a  deputy  clerk.  The  deputy  clerk  has  all  the 
powers,  and  may  perform  all  the  duties  of  the  clerk,  when  the 
office  of  clerk  is  vacant,  or  at  the  clerk's  office,  w  hen  the  clerk  is 
absent  therefrom,  or  at  a  term  or  sitting  of  the  court,  w  hich  the 
deputy  clerk  attends.  Each  clerk  and  each  deputy  clerk  must 
subscribe,  and  tile  in  the  clerk's  office,  the  constitutional  oath  of 
office  ;  and  is  entitled  to  a  salary,  fixed  and  to  be  paid  as  pre- 
scribed by  law. 

§  1147.  A  special  deputy  clerk  appointed  as  prescribed  bylaw, 
possesses  the  same  pow  ers  as  the  clerk,  at  a  sitting  or  term  of  the 
court  which  he  attends,  with  respect  to  the  business  transacted 
thereat. 

§  1148.  The  clerk  of  each  of  those  courts  may  appoint,  and 
at  pleasure  remove,  such  special  deputj  cleiks  and  other 
assistants  as  he  deems  necessary  ;  but  a  special  deputy  clerk  or 
an  assistant,  so  appointed,  is  not  entitled  to  any  compensation 
out  of  the  treasury  of  the  city  of  New  York,  unless  his  compen- 
sation is  fixed  by  law,  or  allowed  puisuant  to  law. 

§  1149.  The  judges  of  each  of  those  courts,  or  a  majority  of 
them,  must  appoint,  and  may  at  pleasure  remove,  a  stenog- 
rapher for  each  term  of  the  court,  for  the  trial  of  issues  of  fact, 
constituting  a  distinct  part.  Each  stenographer  no  appointed  is 
entitled  to  a  salary,  fixed  and  to  be  paid  as  prescribed  by  law. 
He  must  attend  all  the  sittings  of  the  part  for  which  he  is  ap- 
pointed. If  the  judge  requires  a  copy  of  any  proceedings  writ- 
ten out  at  length  from  the  stenographic  notes,  he  may  make  an 
order  directing  one-half  of  the  stenographer's  fees  therefor,  to 
be  paid  by  each  of  the  parties  to  the  action  or  special  proceed- 
ing, at  the  rate  of  ten  cents  for  each  folio  so  written  out,  and 
may  enforce  payment  thereof.  If  there  are  two  or  more  par- 
ties on  the  same  side,  the  order  may  direct  either  of  them  to 


.It'IUSDICTION  OF  THF  Nl/PEUIOK  CITY  COCHTS. 


•133 


pay  the  sum  payable  by  their  side  for  the  stenographer's  fees, 
or  it  may  apportion  the  payment  thereof  anion-  them,  as  the 
judge  deems  jnst. 

§  1150.  The  judge  who  holds  ;in  ext raordinary  trial  term  of  w.  jaoo. 
either  of  those  courts  must  appoint  a  stenographer  for  that  torwSSmSm, 
term,  who  is  subject  to  all  the  provisions  of  law  relating  to  an 
assistant  stenographer,  and  is  entitled  to  a  compensation  at  the 
rate  and  in  the  manner  prescribed  bylaw  for  the  official  stenog- 
rapher. 

§  1151.  The  judges  of  each  of  those  courts,  or  a  majority  of  J'h^1 
them,  must  appoint,  and  may  at  pleasure  remove,  one  crier  for 
their  court.    Each  crier  so  appointed  is  entitled  to  salary,  fixed 
and  to  be  paid  as  prescribed  by  law.    He  is  not  entitled  to  any 
other  compensation. 

1152.  The  clerks  of  the  court  of  common  pleas  and  the  u^l*'  I,roc' 
superior  court  must  account  for  all  fees  received  by  them  re-  cieri™  to  ac- 

1  "  count  for  tees. 

spectively  for  their  official  services,  and  pay  the  same  into  the 
city  treasury,  as  prescribed  by  law. 

§  1153.  The  judges,  or  a  majority  of  them,  of  the  court  of  Co.  vw.  iw. 
common  pleas  and  the  superior  court,  from  time  to  time,  may  Attendants 
appoint,  and  at  pleasure  remove,  such  attendants  upon  the  uponcour,^ 
courts  of  which  they  are  respectively  members,  as  they  think 
necessary  for  the  due  transaction  of  the  business  thereof ;  not 
exceeding  four  attendants  for  each  part,  and  four  for  the  general 
term. 

*  ■  m 

§115-1.  The  court  of  common  pleas  and  the  superior  court 
shall  also  have  jurisdiction  in  the  following  cases  : 

1.  Of  applications  by  the  general  guardian  of  an  infant  and  w^jSE*' 
by  the  committee  of  an  idiot,  lunatic,  or  habital  drunkard  for 
authority  to  agree  to  a  partition  of  the  real  property  of  such 

infant,  idiot,  lunatic,  or  habitual  drunkard,  situated  in  the 
city. 

2.  Of  applications  for  leave  to  prosecute  the  sheriff's  official  Ia 
bond,  where  he  is  liable  for  the  escape  of  a  prisoner  committed 
to  his  custody,  or  is  guilty  of  any  other  actionable  default  or 
misconduct  in  his  office,  where  the  application  is  made  by  the 
persons  injured  thereby. 

3.  Of  applications  for  leave  to  prosecute  the  official  bond  of  w  55If0<r'- 1889 
the  surrogate,  or  person  acting  as  surrogate,  who  has  been  guilty 

of  any  actionable  default  or  misconduct  in  the  office,  where  the 
application  is  made  by  the  person  injured  thereby. 

■L  Of  an  application  for  leave  to  prosecute  the  official  bond  of  mw7Tiw?c' 
the  county  treasurer,  who  has  failed  to  pay  or  deliver,  in  accord- 
ance with  an  order  of  court  duly  served  upon  him,  any  money, 
stocks,  securities,  or  other  investments  held  by  him  subject  to 
the  dire^tioa  of  that  court,  where  the  application  is  made  by 
the  person  injured  thereby. 


HABEAS  (JOWL'S  ANU  CEKTIOKA  Kl . 


Co.  civ.  Proc. 


( lo.  (  iv.  l'roc. 
SS2008.  2009, 
W10,  2011. 
Ilnh'-ns  corpti! 


M . ;  in  buit  bo- 
fore  justice  of 

the  peace,  etc. 


Writ  DO)  !<• 
issue  to  briiif; 
up  prisoner 
under  death 
sentence,  nor 
for  felony,  ex- 
cept on  npplica 
lion  of  people. 


t!o.  Civ.  Proi 
s.§2im:..  ^m. 


5.  Of  an  application  for  leave  to  prosecute  the  </tlicial  bond 
gives  to  the  people  by  any  public  officer,  in  cases  where  special 
provision  is  not  made  bylaw,  for  the  prosecution  of  the  bond, 
by  or  for  the  benefit  of  a  person  who  lias  sustained,  by  his  de- 
fault,  delinquency,  or  misconduct,  an  injury,  for  which  the 
sureties  upon  the  bond  are  liable,  where  the  application  is  made 
by  such  person  so  injured. 

§  1155.  A  writ  of  habeas  corpus,  for  the  purpose  of  bringing 
before  the  court  a  prisoner,  detained  in  a  jail  or  prison  within 
the  State,  to  testify  as  a  witness  in  a  pending  special  proceeding, 
civil  or  criminal,  in  behalf  of  the  applicant,  before  any  officer  or 
body  in  said  city  authorized  to  examine  a  witness  therein,  may 
be  issued  by  a  judge  of  the  court  of  common  pleas  or  superior 
court  upon  the  application  of  a  party  t<»  such  special  proceeding, 
"civil  or  criminal,  made  in  the  manner  prescribed  by  law.  Such 
a  writ  may  also  be  issued  by  any  such  judge  upon  the  applica- 
tion of  a  party  t<>  the  action  pending  in  a  district  COUTt  of  the 
city  of  New  York,  to  bring  before  the  court,  to  be  examined  as 
a  witness,  a  prisoner  confined  in  the  jail  of  the  city  or  county, 
or  an  adjoining  county.  A  writ  shall  cot  be  issued,  by  virtue  of 
this  section,  to  bring  up  a  prisoner,  sentenced  to  death,  nor  shall 
if  be  issued  to  bring  up  a  prisoner  confined  under  any  other 
sentence  for  a  felony  ;  except  where  the  application  is  made  in 
behalf  of  the  people  to  bring  him  up  as  a  witness  on  the  trial  of 
an  indictment,  and  then  only  by  and  in  the  discretion  of  the 
judge,  upon  such  notice  to  the  district  attorney  of  the  county 
wherein  the  prisoner  was  convicted,  and  upon  such  terms  and 
conditions,  and  under  such  regulations,  as  the  judge  may  pre- 
scribe. 

§  1150.  Upon  the  production  of  a  final  order  made  upon  the 
return  to  a  writ  of  certiorari  issued  according  to  law.  fixing  the 
sum  in  which  a  prisoner  confined  in  said  city  is  to  be  admitted 
to  bail  ;  specifying  the  court,  and  the  term  thereof,  at  which  be 
is  required  to  appear;  and  directing  his  discharge,  upon  bail 
being  given  accordingly,  as  required  by  law  or.  where  such  order 
was  made  by  a  court,  upon  the  production  of  a  certified  copy  to 
a  judge  of  the  court  of  common  pleas  or  superior  court,  the 
judge  must  take  the  recognizance  of  the  prisoner,  with  two 
sureties,  in  the  sum  so  fixed,  conditioned  for  the  appearance  of 
the  prisoner,  as  prescribed  in  the  order.  Each  person,  offering 
•  himself  as  a  surety  must  show,  by  his  oath,  to  the  satisfaction 
of  the  judge,  that  he  is  a  householder  in  the  county,  and  worth 
twice  the  sum  in  which  he  is  required  to  be  bound,  over  and 
above  all  demands  against  him.  It  is  not  necessary  that  the 
prisoner  should  appear  in  person  before  the  judge  to  acknowl 
edge  the  ra^ognizxnee.  but  it  may  b3  acknowledged  by  the  pris- 


JURISDICTION  OF  TIIK  SLPKKlOIi  CITY  COL" UTS. 


L85 


oner,  and  Certified  in  like  manner  as  a  deed  to  bo  recorded  in  the 
county.  The  judge  must  immediately  file  the  recognizance 
with  the  clerk  of  the  court  before  which  the  prisoner  is  bound  to 
appear.  He  must  also  make  a  certificate  upon  the  order,  or  the 
certified  copy  thereof,  to  the  effect  that  it  has  been  complied 
with.  Upon  production  of  the  certificate,  the  prisoner  is  entitled 
to  his  disc  barge  from  imprisonment,  for  any  causo  stated  in  the 
return  to  the  certiorari. 

|-  ^  1 1  .*> T .  Where  a  prisoner  who  stands  charged  upon  a  criminal  <  o.  civ.  proc. 
accusation  with  a  bailable  offense  has  perfected  an  appeal  to  the 
court  of  appeals,  from  a  final  order  of  the  court  of  common  pleas 
or  the  superior  court  affirming  an  order  refusing  his  discharge 
or  reversing  an  order  granting  his  discharge,  the  eourt,  from 
whose  order  the  appeal  is  taken,  or  a  judge  thereof,  must,  upon 
his  application,  admit  him  to  bail  in  the  manner  prescribed  by 
.law,  but  the  recognizance  must  be  conditioned  to  appear  at  a 
general  term  of  the  court  from  which  the  appeal  is  taken,  to 
ahide  by  and  perforin  its  judgment  or  order,  made  after  the  de- 
termination of  the  appeal. 

>>  11.->S.  The  court  of  common  pleas  and  the  superior  court  c2012£ iT- Proc 
have  jurisdiction  to  issue  a  writ  of  certiorari  in  the  same  manner 
and  to  the  same  extent  as  the  supreme  court,' except  in  cases 
where  it  is  otherwise  expressly  provided  by  law. 

11 :»'«».  In  an  action  brought  in  the  court  of  common  pleas  or  ^°,^ivi^oc 
the  superior  court  to  foreclose  a  lien  upon  a  chattel,  the  court  or 
a  judge  thereof  has  jurisdiction  in  a  case  provided  by  law  to 
issue  a  warrant  to  the  sheriff,  commanding  him  to  seize  the 
chattel  and  safely  keep  it,  to  abide  the  final  judgment  in  the 
action. 

£  1160.  Whenever,  by  the  decision  of  the  general  term  of  the  c,°^*iv  rrOL 
court  of  comn'ion  pleas  or  the  superior  court,  a  construction  is  wheiyctk.^ 
given  to  a  statute,  an  act  done,  in  good  faith,  and  in  conformity  tamed 
to  that  construction,  after  the  decision  was  made,  and  before  a 
reversal  thereof  by  the  court  of  appeals,  is  so  far  valid,  that  the 
party  doing  it  is  not  liable  to  any  penalty  or  forfeiture,  for  an 
act  that  was  adjudged  lawful  by  the  decision  of  the  court 
helow. 

£  1161.  The  court  of  common  pieas  and  the  superior  court  r5°_4Ci^J'roc 
may  each  direct  that  money  paid  into  that  court  in  an  action  oomp. isbb. 
brought  therein  on  a  bond,  mortgage,  or  other  security,  or  public 
stock,  in  or  upon  which  it  has  been  invested  or  loaned,  be  trans- 
ferred and  delivered  to  a  general  or  special  guardian,  committee, 
or  other  trustee,  upon  his  giving,  or  if  he  has  given,  security, 
satisfactory  to  the  court  for  the  faithful  execution  of  his  trust; 
or  that  a  bond,  mortgage,  or  other  security,  or  public  stock,  be 
taken  by  and  in  the  name  of  the  guardian,  committee,  oi 


.H  KISDK  TION  OK  THE  SlT'KKlOK  CITY  (  Ol  IMS. 


Co.  Civ.  I'lu 

Comp  WW. 


Co.  Civ.  Pi-oc. 
yJHO.C'oinp.iaKi. 
special  Juris 
diction  of  the 
common  pleas, 


Co.  (  i\ .  Proc, 
*jaufl,  8160, 
•-'188,  itiOO.  2901. 
Insolvent 
debtors 


C 


I'l  l  H 


Civ. 

Trustees  of 
property  of 
prisoners. 


( 10.  Civ.  Proc. 
$8410. 

Proceedings 
for  change  of 
name. 


Clerk  of  com- 
mon pleas  to 
make  return, 
etc. 


Co.  Civ.  Proc. 
S2418. 

Co.  Civ.  Vrou. 
§§-U32.  mi. 


other  trustees;  and  be  collected,  invested,  or  loaned,  as  the 
court  directs,  or  as  proscribed  in  the  general  rules  of  practice. 

55  1 1 02.  The  court  of  common  pleas  and  the  superior  court 
shall  each  continue  to  exercise  the  jurisdiction  and  powers  vested 
in  such  court  by  law  on  the  first  day  of  September,  eighteen 
hundred  and  seventy-seven,  and  according  to  the  course  and 
practice  of  the  court,  except  as  otherwise  prescribed  in  the  Code 
of  Civil  Procedure  or  subsequent  acts. 

ji  1103.  The  court  of  common  pleas  has  power  and  jurisdic- 
tion'to  correct  or  discharge  a  judgment,  entered  in  any  court 
held  within  that  city  and  county,  upon  a  forfeited  recognizance, 
or  the  docket  of  such  a  judgment,  in  like  manner  as  if  it  was  a 
judgment  rendered  in  th;ft  court;  to  remit  a  hue  or  forfeited 
recognizance,  in  a  case  where  a  county  court  can  remit  the 
Mime,  and  in  like  manner:  and  to  entertain  any  special  proceed- 
ing, which,  in  any  county,  except  New  York,  may  be  instituted 
in  the  county  court. 

.i  1  The  court  of  common  pleas  has  exclusive  jurisdiction 
<jf  the  application  of  an  insolvent  debtor,  who  resides  in  the  city 
of  New  York,  to  be  discharged  from  his  debts  in  accordance 
with  the  provisions  of  chapter  seventeen,  title  one,  articleone  of 
the  code  of  civil  procedure,  and  of  applications  in  accordance 
with  article  secon'd  thereof,  by  an  insolvent  debtor,  who  resides 
or  is  imprisoned  in  said  city,  to  be  exempted  from  arrest  or  dis- 
charged from  imprisonment ;  and  of  applications  for  discharge 
in  accordance  with  article  third  thereof,  by  a  person  imprisoned 
in  said  city  by  virtue  of  an  execution  to  collect  a  sum  of  money 
issued  in  a  civil  action  or  special  proceeding. 

>}  11  65.  The  court  of  common  pleas  and  superior  court  have 
jurisdiction  of  applications  to  appoint  one  or  more  trustees  to 
take  charge  of  the  property  of  a  person  imprisoned  in  a  State 
prison,  for  a  term  less  than  for  life;  or  in  a  penitentiary  or 
county  jail,  for  a  criminal  offense,  for  a  Tonger  term  than  one 
year  ;  in  cases  where  the  prisoner  resided  at  the  time  of  his  im- 
imprisonment  in  said  city,  or,  if  he  was  not  then,  a  resident  of 
the  State,  where  he  is  imprisoned  in  said  city. 

§  11GG.  The  court  of  common  pleas  has  exclusive  jurisdiction 
of  proceedings  to  change  the  name  of  any  person  residing  in  said 
city. 

§  1 107.  The  clerk  of  the  court  of  common  pleas  must  annu- 
ally, in  the  month  of  December,  make  a  return  to  the  secretary 
of  State,  of  all  the  changes  of  names  of  persons,  which  have 
been  made  within  his  county,  since  his  last  return,  as  prescribed 
by  law.  • 

§  116S.  A  judge  of  the  court  of  common  pleas  has  jurisdiction 
in  proceedings  supplementary  to  execution,  as  provided  in  chap- 


CLERK  OK  THE  COURT  OF  COMMON  PLEAS. 


487 


ter  seventeen,  title  twelve  of  the  code  of  civil  procedure,  where 
the  execution  \v;is  issued  to  Bald  city  from  a  court  other  thanthe 
marine  court. 

|5  lid'.'.    A  judge  of  the  court  of  common  pleas  has jurisdic-  Hpwjbnjw 
tion  to  take  and  approve  a  recognizance  iu  behalf  of  a  prisoner 
entitled  to  give  hail  in  a  sum  fixed  in  accordance  with  law  pend- 
ing an  appeal  from  a  final  ordei  duly  made  dismissing  proceed 
ings  of  habeas  corpus  or  certidrari,  remanding  him  or  otherwise 
refusing  to  discharge  him. 

§1170.  The  common  council  must,  by  ordinance,  assign  the  cZ^ffi&t  ** 
(4erk  of  the  court  of  common  pleas  a  suitable  office  in  the  city  cierirtbfflei 
hall  in  that  city. 

^  1 1 7 1 .    There  may  he  in  the  court  of  common  pleas  a  del  nit  v  :  -  , 

*  J  L      J    Comp.  1287. 

clerk  and  twelve  assistants.    The  salary  of  the  clerk  is  six  isss, ch. a*, fi, 
thousand  dollars  a  year  ;  the  salary  of  the  deputy  clerk  is  five         '".v,',  ... 
thousand  dollars  a  vear;  the  salaries  of  eleven  of  the  assistant 
clerks  are  two  thousand  five  hundred  dollars  each  a  year,  and  Oamp.ism. 
the  salary  of  one  of  the  assistant  clerks  is  two  thousand  dollars  *-'<«,Comp.i»s 
a  year;  the  salary  of  the  stenographers  is  two  thousand  five  hun-  K^!!i(',','!'  ' 
died  dollars  each;  the  salaries  of  the  officers  or  attendants  are  S°sVp!I>i: 
twelve  hundred  dollars  each.    But  the  salaries  of  the  persons  ap-  J?"9" 
pointed  after  May  twenty-ninth,  eighteen  hundred  and  eighty,  PM.Oomp.aow 
to  the  positions  of  clerk,  deputy  clerk,  assistant  clerks,  or  at- 
tendants or  officers  to  said  court  shall  he  .as  follows:   Of  the 
clerk,  four,  thousand  five  hundred  dollars;  of  the  deputy  clerk, 
two  thousand  dollars,  and  of  the  assistant  clerks,  one  thousand 
five  hundred  dollars  each;  of  the  attendants  or  officers,  one 
thousand  dollars  each,  and  such  salaries  shall  be  all  that  the  per- 
sons holding  such  offices  respectively  shall  he  entitled  to  receive 
from  the  treasury  of  the  city  for  any  and  all  services  rendered 
to  the  city  or  county  during  the  term  for  which  such  salary 
shall  be  received. 

§  1172.  The  superior  court  shall  be  held  at  the  city  hall  of  the  l';^;,',  '', 1 1  Ki 
city  of  New  York,  and  the  terms  thereof  shall  respectively  be  Terms. 

See  Code  Civ 

called  after  the  different  months  in  which  they  are  held,  and  jjmo 
they  may  he  continued  and  held  from  the  time  of  their  com- 
mencement, every  day,  Sundays  excepted,  until  and  including 
the  last  Saturday  of  the  same  month. 

§  1173.  The  clerk  shall  keep  his  office  at  the  city  hall  of  the  M  9 
city  of  New  York,  and  attend  the  said  court  and  officiate  as  clerk  ciei*. 
thereof. 

§  1174.  Writs  of  subpoena  issuing e<uf  of  the  said  court  shall  Id.  JU. 
he  obligatorv  upon  any  witness  duly  served  therewith  within  ^*»ot 
this  State,  in  like  manner  as  if  such  writs  had  been  issued  out 
of  the  supreme  court;  and  the  said  court  shall  have  power  to  en- 
force obedience  to  such  subpoena  by  attachment,  to  be  directed 


43* 


( 'LKKK  OK  Sl'I'KlUOK  COURT. 


1842,  ch.  132,  §13. 
as  amende  ! 
18T>3,  Cb.  610, 
Comp.  1441. 
( MBcera  and 

UHSlKtniltS  to 

give  security. 
l840.cb.lS4,  |18, 

Comp.  15487. 
Kees  of  clerk. 
48  How.  854. 


1808,  oh.  864,  |1, 
Comp.  1289. 
1869,  ch.  875,  {1, 
Comp.  12U0. 
Co.  Civ.  Proc. 
<284,Comp.l2H5. 
1847,  ch.  133,  jT, 
Comp.  1140. 
Resolutions 
board  of  super- 
visors, Sept.  IB, 
1809. 

Ordinance  com- 
mon council, 
May,  1872. 

Co.  Proc. 
$250,Comp.2033. 
1880,  ch.  BU,  $2. 


to  any  sheriff  or  other  proper  officer  of  any  county  in  this  State 
who  shall  he  subject  to  all  the  pains  and  penalties  for  not  serv- 
ing or  returning  the  same,  in  like  manner  as  if  the  same  had 
issued  out  of  the  supreme  court,  and  the  like  process  and 
proceedings  may  he  issued  and  had  thereon  in  the  said  court,  as 
are  usual  in  like  cases  in  the  supreme  court,  and  with  like  effect . 

§1175.  The  hoard  of  aldermen  ate -authorized  and -empow- 
ered to  require  from  the  clerk  of  the  superior  court  and  from  any 
of  his  assistants,  such  security  for  the  faithful  performance  of 
their  duty  as  to  the  said  hoard  may  seem  necessary  and  proper. 

§  1170.  The  clerk  of  the  superior  court  shall  receive  for  every 
trial  from  the  party  which  shall  bring  it  on,  one  dollar:  on  enter 
ing  judgments,  one  dollar.    He  shall  receive  no  other  fee  for  any 
service  whatever  in  a  civil  action,  except  for  copies  of  papers  at 
the  rate  of  five  cents  for  every  one  hundred  words. 

Si  1177.  There  may  be  in  the  superior  court  one  deputy  clerk 
and  thirteen  assistant  clerks.  The  salary  of  the  clerk  is  six 
thousand  dollars  a  year;  the  salary  of  the  deputy  clerk  is  five 
thousand  dollars  a  year;  the  salaries  of  eight  of  the  assistant 
clerks  are  two  thousand  five  hundred  dollars  a  year  each;  the 
salary  of  one  of  the  assistant  clerks  is  two  thousand  dollars  a 
year;  the  salary  of  one  of  the  assistant  clerks  is  eighteen  hun- 
dred dollars  a  year;  the  salary  of  one  of  the  assistant  clerks  is 
fifteen  hundred  dollars  a  year,  and  the  salaries  of  two  of  the 
assistant  clerks  are  twelve  hundred  dollars  a  year  each;  the 
salaries  of  the  stenographers  are  two  thousand  five  hundred  dol- 
lars a  year  each;  the  salaries  of  the  attendants  or  officers  tatt 
twelve  hundred  dollars  a  year  each.  But  the  salaries  of  the  per- 
sons appointed  after  May  twenty-nine,  eighteen  hundred  and 
eighty,  to  the  positions  of  clerk,  deputy-clerk,  assistant  clerks, 
or  attendants  or  officers,  to  said  court  shall  be  as  follows:  of  the 
clerk,  four  thousand  five  hundred  dollars;  of  the  deputy  clerk, 
two  thousand  dollars,  and  of  the  assistant  clerks,  one  thousand 
five  hundred  dollars  each;  of  the  attendants  or  officers,  one 
thousand  dollars  each,  and  such  salaries  shall  be  all  that  the  per- 
sons holding  such  offices  respectively  shall  be  entitled  to  receive 
from  the  treasury  of  the  city  for  any  and  all  services  rendered 
to  the  city  or  county  during  the  term  for  which  such  salary  shall 
be  received. 


1871,  ch.  239,  SI, 
Comp.  1293. 
Official  bond  of 
surrogate. 


Title  4.— The  Surrogate. 

§  1178.  Every  person*  hereafter  appointed  or  elected  to  the 
office  of  surrogate  shall,  within  twenty  days  after  receiving  no- 
tice of  such  appointment  or  election,  execute  to  the  people  of 
this  State,  with  two  or  more  sufficient  securities,  being  resident 
freeholders,  a  joint  and  several  bond,  conditioned  for  the  faith- 


THE  surroc;  VTK.  189 

I'ul  performance  of  his  duties,  and  for  the  application  and  pay- 
ment of  all  moneys  and  effects  thai  may  como  into  his  hands  as 
such  Burrogato  in  the  execution  of  his  office.  The  said  bond 
shall  he  in  the  penal  sum  of  fifty  thousand  dollars.  It  shall  he 
properly  acknowledged  by  all  the  persons  who  execute  the  same, 
and  the  sureties  therein  shall  justify,  in  the  aggregate,  in  doublr 
the  penalty  of  the  bond.  Every  such  bond  shall  be  filed  wit  baud 
recorded  by  the  clerk  of  the  county,  and  such  record,  or  a  certi- 
tied  copy  thereof,  shall  be  evidence  of  the  same  force  and  effect 
as  the  original  bond,  in  any  action  or  proceeding  against  such 
surrogate  or  his  sureties. 

$  1119.  The  term  of  office  of  the  persons  who  shall  hereafter  Sp^m'1" 
be  elected  to  the  office  of  surrogate  shall  be  six  years. 

?J  1 1 80.  In  case  a  vacancy  shall  occur  in  said  office  by  death,  c^p^sas?'  *8' 
resignation,  or  otherwise,  the  board  of  aldermen  are  authorized  ProvWon  in 
to  till  such  vacancy  until  the  general  election  next  ensuing  the  wewej 
happening  of  such  vacancy,  when  an  election  shall  be  had  to  till 
the  unexpired  term  of  the  officer  whose  term  had  so  become  va 
cant. 

§1181.  The  surrogate  shall  receive  for  his  services  as  such  a  cmnphwi'  *1, 
yearly  salary  of  twelve  thousand  dollars,  which  shall  be  paid  in 
equal  monthly  payments. 

§  11S2.  The  assistants  appointed  by  the  surrogate  of  the  city  ^ch^M,'a 
and  county  of  New  York,  pursuant  to  law,  shall  have  power,  Assistants  t.. 
during  the  term  of  their  appointment,  to  administer  and  certify  oaths 
oaths  and  affirmations  in  all  cases  in  which  said  surrogate  is  au- 
thorized to  administer  the  same.    No  such  assistant  shall  per- 
form any  service  until  he  shall  have  taken  an  oath  of  office  be-  ^ 
fore  the  clerk  of  the  city  and  county  of  New  York  in  the  form 
prescribed  by  law  in  cases  of  other  public  officers,  which  oath 
shall  be  thereupon  subscribed  and  filed  in  said  clerk's  office. 

11  S3.  In  the  county  of  New  York  the  court  of  common  co.  cw.  Proc. 
pleas  for  that  city  and  county  at  a  special  term  thereof  must,  jgu/eh.  w»,  |i 
upon  the  presentation  of  proof  of  its  authority,  as  prescribed  in  araunon pleas, 
the  next  section,  exercise  all  the  powers  and  jurisdiction  of  the  cise  powers  of 

1  *  surrofrnte. 

surrogate's  court,  as  follows  : 

1.  Where  the  surrogate  is  precluded  or  disqualified  from  act- 
ing with  respect  to  a  particular  matter,  it  must  exercise  all  the 
powers  and  jurisdiction  of  that  court  with  respect  to  that  matter. 

2.  Where  the  office  of  surrogate  of  the  county  is  vacant,  or 
the  surrogate  is  disabled  by  reason  of  sickness,  absence,  or  lu- 
nacy, it  must  exercise  all  the  powers  and  jurisdiction  of  that 
court  until  the  vacancy  is  filled  or  the  disability  ceases,  as  the 
case  may  be. 

§  1184.  The  authority  of  the  court  of  common  pleas  to  act  as  pbua.T'  P,or 
prescribed  in  the  last  section,  must  be  proved  in  one  of  the  fol-  T^nty. 
owing  modes: 


440 


WHKX  COMMON  PLEAS  TO  ACT  FOR  SUBBOOATE. 


Co.  Civ.  l'roo. 

i-itm. 

Order  of  gen- 
eral term  oh  to 
disability,  etc., 
of  Hurrogate. 


Id.  $2180. 
How  order  or 
appointment 
superseded. 


Id.  §2490. 
Proceedings  in 
court  of  com- 
mon pleas. 


L.  Where  the  surrogate  is  disqualified  or  precluded  from  act- 
ing in  a  particular  matter,  that  fact  may  be  proved  by  the  sur- 
rogate's certificate  thereof;  or,  by -affidavit  or  oral  testimony. 

2.  The  fact  that  the  surrogate  is  so  disqualified  or  precluded, 
or  that  he  is  disabled,  or  that  the  office  is  vacant,  and  also  the 
authority  of  the  officer,  or  of  the  court,  as  the  case  may  be,  to 
act  in  his  place,  may  be  proved,  and  are  deemed  conclusively  es- 
tablished, by  an  order  of  the  general  term  of  the  supreme  court, 
held  within  the  department. 

§  1185.  An  order  may  be  made,  as  prescribed  in  subdivision 
second  of  the  last  section,  upon  or  without  notice,  as  the  general 
term  thinks  proper.  It  must  recite  the  cause  of  making  thereof; 
it  must  designate  the  court  empowered  to  discharge  the  duties  of 
the  office  of  surrogate;  and,  if  it  relates  to  a  particular  matter 
only,  it  must  designate  that  matter.  Where  the  office  of  surro- 
gated vacant,  or  the  surrogate  is  disabled  by  reason  of  lunacy, 
the  attorney-general,  if  directed  by  the  governor,  must,  or  the 
district-attorney,  upon  his  own  motion,  may,  apply  for  the  order; 
and  the  general  term  must  grant  it  upon  his  application.  The 
general  term  may  also  grant  the  order,  upon  the  application  of 
a  party,  or  a  person  about  to  become  a  party,  to  any  special  pro- 
ceeding in  the  surrogate's  court.  Where  the  surrogate  is  sick  or 
absent,  the  granting  of  the  order  rests  in  the  discretion  of  the 
court,  and  its  effects  may  be  qualified,  as  the  court  thinks 
proper. 

§  1186.  Where  an  order  is  made  by  the  general  term,  as  pre- 
scribed in  the  last  two  sections,  for  any  cause  except  a  vacancy 
in  the  office  of  surrogate,  it  may  be  revoked,  without  prejudice 
to  any  proceedings  theretofore  taken  by  virtue  thereof,  by  the 
general  term  of  the  department  embracing  the  surrogate's  county, 
upon  proof  that  it  was  improvidently  made,  or  that  the  cause  of 
making  it  has  become  inoperative.  Such  an  order  or  appoint- 
ment, made  upon  the  ground  that  the  surrogate's  office  is  vacant, 
is  superseded,  without  any  formal  revocation,  by  the  filling  of 
the  vacancy.  After  the  order  or  appointment  is  revoked,  or  the 
vacancy  is  filled,  as  the  case  may  be,  the  unfinished  business,  in 
any  proceedings  taken  by  virtue  of  the  order  or  appointment, 
must  be  transferred  to,  and  may  be  completed  by,  the  surrogate, 
in  the  same  manner  and  with  like  effect  as  where  a  new  surro- 
gate completes  the  unfinished  business  of  his  predecessor. 

§  1187.  In  a  special  proceeding  cognizable  before  a  surrogate, 
taken  in  the  court  of  common  pleas,  the  seal  of  the  court  in 
which  it  is  taken  must  be  used,  where  a  seal  is  necessary-  The 
special  proceedings  must  be  entitled  in  that  court;  and  the  papers 
therein  must  be  filed  or  recorded,  as  the  case  may  be,  and  issues 
therein  must  be  tried  as  in  an  action  brought  in  that  court.  The 


DI  TIKS  OK  SI  HJJOCATK. 


I  I  1 


clerk  of  that  court  must  sign  each  record  which  is  required  to  be 
signed  by  tlic  surrogate  or  the  clerk  of  the  surrogate's  court .  The 
issuing  of  a  citation  may  lie  directed,  and  any  order  intermediate 
the  citation  and  the  decree  may  he  made,  hy  a  judge  of  the 
court. 

<5  1188.  The  COUrt  may" a1  any  time,  in  its  discretion,  upon  Oo^ci*. Pro* 
heing  satisfied  that  the  reason  for  the  exercise  of  its  powers  and  rrngtort 
jurisdiction  has  ceased  to  operate,  make  au  order  to  transfer  to  'urn-Kiit"^ 
the  surrogate's  court  any  matter  then  pending  before  it.  Such 
an  order  operates  to  transfer  the  same  accordingly.  Immedi- 
ately after  such  a  transfer,  or  after  the  revocation  of  the  order 
of  the  general  term,  as  prescribed  in  the  last  section  but  one,  the 
surrogate  must  cause  entries  to  be  made  in  the  proper  hook  in 
his  office,  referring  to  all  the  papers  filed,  and  orders  entered,  or 
other  proceedings  taken,  in  the  court  of  common  pleas,  and  he 
may  cause  copies  of  any  of  the  orders  or  papers  to  he  made, 
and  recorded  or  filed  in  his  office,  at   the  expense  of  the 
county. 

vj  list*.  The  surrogate  must,  at  his  own  expense,  make  and  .V Vl^T 
rile  in  the  office  of  the  county  clerk,  between  the  first  and  surrogate  to. 

-  .    .  report  fees. 

twentieth  days  of  January  in  each  year,  a  report  containing  a 
statement,  verified  by  his  oath,  of  all  fees  received  or  charged 
hy  him  for  services  or  expenses  since  the  last  report,  and  of  all 
disbursements  chargeable  against  the  same,  or  to  the  county, 
stating  particularly  each  item  thereof. 

1190.  The  surrogate  of  the  county  of  New  York  may  sign  WW,  ch.  ese,  sa 
decrees,  letters  testamentary,  of  administration  and  guardian- 
ship, and  orders  to  show  cause,  during  the  month  of  August  or 
such  other  month  as  he  shall  designate  for  his  vacation,  wher- 
ever he  shall  be  passing  such  vacation  within  the  State. 

§  1191.  The  surrogate  may  appoint,  and  at  pleasure  remove,  ^jiv  Proc- 
as  many  clerks  for  his  office,  to  be  paid  by  the  county,  as  the  Clerks  in  gurro 

■  '  pate's  office. 

hoard  of  aldermen  authorize  him  so  to  appoint.  The  board  of 
aldermen  must  fix  the  compensation  of  the  clerk  or  clerks  so 
appointed,  and  may  authorize  them,  or  either  of  them,  to 
receive,  for  their  or  his  own  use,  the  legal  fees  for  making 
copies  of  any  record  or  paper  in  the  office  of  the  surrogate.  The 
surrogate  may  appoint)  and  at  pleasure  remove,  as  many 
additional  clerks,  to  be  paid  hy  him,  as  he  thinks  proper. 

§1192.  A  citation,  notice,  or  other  paper  in  the  surrogate's  £^iv  proc- 
court,  directed  to  be  published  by  the  Code  of  Civil  Procedure,  Publication  ot 
or  by  an  order  made  pursuant  to  a  provision  therein  contained,  '°  <e'''e," 
must,  in  addition  to  the  other  publication  thereof  required  by 
law,  be  published  in  the  newspaper  printed  at  Albany,  in  which 
legal  notices  are  required  by  law  to  be  published  ;  Where  the 
special  proceeding  is  instituted  in  the  surrogate's  court  of  said 


1 12 


Dl'TlES  OF  Sl.RROO  VJ  K. 


Id.  |9612. 
Ktenograpber 
for  turrogate't 
.lilt 


Co.  Civ.  I'roc 
JV.M3 


i kmi.  eh.  B8S,  (5 


Co.  Civ.  PrOC, 
$2547. 

Trial  by  Jury, 
«  hen  orde red. 


Co.  Civ.  IW. 
82554. 


Co.  Civ.  IYoc. 
$2588. 

Award  of  jury 
trial  upon  re- 
versal in  pro- 
bate cues 


lRSI.rh.535.§15 


Co.  Civ.  1'roc. 
§2678. 
Deposit  of 
money  by 
temporary  ad- 
ministrator. 


county  or  the  order  for  publication  is  made  by  the  surrogate 
thereof. 

§  1103.  The  surrogate  must  appoint,  and  may,  for  cause, 
remove  a  stenographer  far  his  court,  who  is  entitled  to  a  salary 
fixed  by  law,  and  to  be  paid  as  the  salaries  or  clerks  in  the  sur 
rogate's  office  are  paid. 

§  1194.  The  minutes  of  testimony  taken  in  proceedings  and 
written  out  by  the  stenographer  must  be  bound,  at  the  eftpense 
of  the  county,  in  volumes  of  convenient  size  and  shape,  indorsed 
"stenographic  minutes"  and  numbered  consecutively.  Upon 
the  record  of  a  decree  made  in  any  contested  matter,  the  surro- 
gate must  cause  to  be  made  a  minute,  referring  to  each  volume 
of  the  stenographic  minutes,  and  to  the  pages  thereof,  contain 
ing  any  testimony  relating  to  the  matter. 

119.1.  The  surrogate  may,  on  written  consent  of  all  the 
parties  appearing  in  a  probate  case,  appoint  a  referee  to  take 
and  report  the  testimony  therein. 

119*5.  The  surrogate  may,  in  his  discretion,  make  an  order, 
directing  the  trial  by  a  jury,  in  the  court  of  common  pleas,  of 
any  controverted  question  of  fact  arising  in  a  special  proceeding 
for  tlie  disposition  of  the  real  property  of  a  decedent,  as  pre- 
scribed in  title  fifth  of  chapter  eighteen  of  the  Code  of  Civil 
Procedure.  The  order  must  state,  distinctly  and  plainly,  each 
question  of  fact  to  be  tried  ;  and  it  is  the  only  authority  neces- 
sary for  the  trial. 

§  1197.  The  proceedings  prescribed  in  title  twelfth  of  chapter 
seventeen  of  the  Code  of  Civil  Procedure,  if  founded  upon  a  de- 
cree of  the  surrogate  directing  the  payment  of  money,  must  be 
taken  as  if  the  decree  was  a  judgment  of  the  court  of  common 
pleas. 

§  1198.  Where  the  reversal  or  modification  of  a  suirogate's 
decree  by  an  appellate  court  is  founded  upon  a  question  of  fact, 
the  appellate  court  must,  if  the  appeal  was  taken  from  a  decree 
made  upon  a  petition  to  admit  a  will  to  probate,  or  to  revoke  the 
probate  of  a  will,  make  an  order  directing  the  trial,  by  a  jury, 
of  the  material  questions  of  fact  arising  upon  the  issues  between 
the  parties.  Sucb  an  order  must-state,  distinctly  and  plainly, 
the  questions  of  fact  to  be  tried  ;  and  must  direct  the  trial  to 
take  place  in  the  court  of  common  pleas. 

§  1199.  The  public  administrator  shall  have  preference  in  the 
right  to  letters  of  administration,  after  the  next  of  kin  over 
creditors  and  all  other  persons. 

§  1200.  A  temporary  administrator  must,  within  ten  days 
after  any  money  belonging  to  the  estate  comes  into  his  hands,  de- 
posit it  in  a  domestic  incorporated  trust  company,  having  its 
principal  office  or  place  of  business  in  the  city  of  New  York,  and 


\\IK»  TO    \<T  IN   ABSKNCK  OF  SUKROGATK 


148 


cither  specially  approved  by  the  surrogate,  or  designated,  in  the 
general  rules  of  practice,  as  a  depository  of  funds  paid  into 
court. 

§  1201.  If  a  temporary  administrator  neglects  to  make  a  de-  ' '  v"'  -' 

.  ...  .  .  .I^oocwIlnRS 

posit,  as  prescribed  in  the  last  section,  within  t he  t  inie  therein  " 
limited,  the  surrogate  must,  upon  the  application  of  a  creditor  or  d«pidt«t 
person  interested  in  the  estate,  accompanied  witli  satisfactory 
proof  of  tin4  neglect,  make  an  order,  directing  him  to  do  BO 
forthwith,  or  to  show  cause  why  a  warrant  of  attachment 
should  not  issue  against  him.  The  order  must  be  made  return- 
able three  days  after  issuing  it  ;  and  it  must  be  served  upon  the 
temporary  administrator,  at  least  t  wo  days  before  the  return  day 
thereof,  either  personally  or  by  leaving  a  copy  thereof  within 
the  State,  at  his  dwelling  place,  or  his  office  for  the  regular  trans- 
action of  business  hi  person  :  or,  if  it  cannot  be  served  in  either 
of  those  methods,  by  serving  it  in  such  other  manner  as  the  sur- 
rogate directs. 

§  1202.  If  the  surrogate  is  absent,  the  pet  ition  of  an  executor  Sg-jp-*'  rr0c 
or  administrator  for  the  discovery  of  property  alleged  to  be  w.; certain 
withheld  or  concealed  or  refused  to  be  exhibited  may  be  pre-  actin«urro- 
sented  to  a  justice  of  the  supreme  court  or  a  judge  of  the  court 
of  common  pleas  or  superior  court.     The  officer  to  whom  it  is 
so  presented  has  the  same  power  as  the  surrogate  with  respect 
to  all  the  proceedings,  and  must  issue  a  citation  and  an  order, 
returnable  before  him,  or  as  prescribed  in  the  last  two  sections. 
He  may,  at  any  stage  of  the  proceedings,  make  an  order  trans- 
ferring them  to  the  surrogate,  who  must  thereupon  complete 
them  in  like  manner  as  if  he  had  issued  the  citation. 

j>  12on.  Where  the  surrogate  seasonably  certifies  in  writing  to  P|W 
the  board  of  aldermen,  that  the  examination  of  inventories  and 
accounts  of  guardians  required  by  law  to  be  made  annually  can- 
not be  made  by  him,  or  by  the  clerk  of  the  surrogate's  court  or 
by  any  clerk  employed  in  his  office  and  paid  by  the  county,  the 
board  must  provide  for  the  compensation  of  a  suitable  person  to 
make  the  examination. 

§  1201.  The  board  of  aldermen"  are  authorized  and  empow-  Amended5'3' 
ered  to  require  from  the  assistants  of  the  surrogate,  such  secu-  comp.^wi0' 
ritv  for  the  faithful  performance  of  their  duty  as  to  the  said  ^Swcuritv 
board  may  seem  necessary  and  proper. 

Title  6— The  Marin^Comt. 

§  1205.  The  marine  court  of  the  city  of  New  York  is  a  Co  Civ  Proo 

court  of  record.  *  Comp- ,ak 

§  1206.  The  term  of  office  of  the  justices  shall  be  six  years.  ]8ro  ch  rig8 

The  justices  in  office  when  this  act  shall  take  effect  shall  con*  ComP  1300 


444 


JURISDICTION  OF  MARINE  COURT. 


(  ourt  to  con- 
sist Of  hlX  Jlls 

tleeu. 

TerniH  of  office, 
and  when 


I8BS,  eh,  88P,  i-i. 
Comp.  1800. 

1849,  oh.  28. 
7  Hun.  303. 


IBTO,  oh.  582,  |4, 
Comp.  1301. 


MSB,  ch.  389,  jjo 
Comp.  l.m 
( Yimpen«at  ion 
of  clt-rk. 


Co.  Civ.  Proc 
|315. 

i'omp.  1301. 
rnchaiiKcd. 
Jurisdiction. 


As  amended 

1877.  ch.  41«. 


Co.  Civ.  Proc. 
Id.  §316. 
Comp  1302. 
Unchanged. 
The  last  section 
limited. 

See  52  How.  94. 


tinue  therein  until  the  expiration  of  the  terms  for  which  they 
were  respectively  elected,  subject  to  removal  in  cases  now  estab- 
lished by  law.  Two  justices  shall  be  elected  at  the  general  else* 
tion  to  be  held  in  the  year  eighteen  hundred  and  eighty-one, 
and  the  same  number  at  the  general  election  in  each  second  year 
thereafter.  Any  vacancy  shall  be  filled  by  appointment  by  the 
governor,  and  the  person  so  appointed  shall  hold  tbeoftce  until 
the  commencement  of  the  political  year  next  succeeding  the 
first  annual  election  after  the  happening  of  the  vacancy  at 
which  such  officer  could  be  by  law  elected.  The  annual  salary 
of  each  of  the  justices  is  ten  thousand  dollars. 

1207.  The  clerk  shall  receive  an  annual  compensation, 
which  shall  not  be  diminished  during  his  term  of  office  and 
which  shall  be  in  lieu  of  all  fees  and  perquisites. 

.5  Il'iis.  The  jurisdiction' of  the  marine  court  extends  to  the 
following  cases  : 

1 .  An  action  against  a  natural  person,  or  against  a  foreign 
or  domestic  corporation,  wherein  the  complaint  demands  judg- 
ment for  a  sum  of  money  only,  or  to  recover  one  or  more  chat- 
tels, with  or  without  damages  for  the  taking  or  detention  there 
of.  \ 

'1.  An  action  to  foreclose  or  enforce  a  lien  upon  real  prop- 
erty in  the  city  of  New  York,  created,  as  prescribed  by  statute, 
in  favor  of  a  person,  who  has  performed  labor  upon,  or  fur- 
nished materials  to  be  used  in  the  construction,  alteration,  or 
repair  of  a  building,  vault,  wharf,  fence,  or  other  structure  ;  or 
who  has  graded,  filled  in,  or  otherwise  improved  a  lot  of  land,  or 
the  sidewalk  or  street  in  front  of  or  adjoining  a  lot  of  land. 

3.  An  action  to  foreclose  or  enforce  a  lien,  for  a  sum  not 
exceeding  two  thousand  dollars,  exclusive  of  interest,  upon  one 
or  more  chattels. 

4.  The  taking  and  entry  of  a  judgment,  upon  the  confes- 
sion of  one  or  more  defendants,  where  the  sum,  for  which  judg- 
ment is  confessed,  does  not  exceed  two  thousand  dollars,  exclu- 
sive of  interest  from  the  time  of  making  the  statement,  upon 
which  the  judgment  is  entered? 

§  1209.  The  jurisdiction  conferred  by  the  last  section  is  sub- 
ject to  the  following  limitations  and  regulations  : 

1.  In  action  wherein  the  complaint  demands  judgment  for  a 
sum  of  money  only,  the  sum,  for  which  judgment  is  rendered 
in  favor  of  the  plaintiff,  cannot  exceed  two  thousand  dollars, 
exclusive  of  interest,  ana1  costs  as  taxed ;  except  where  it  is 
brought  upon  a  bond  or  undertaking,  given  in  an  action  or 
special  proceeding  in  the  same  court,  or  before  a  justice  thereof  ; 
or  to  recover  damages  for  a  breach  of  promise  of  marriage  ,  or 
where  it  is  a  marine  cause,  as  that  expression  is  defined  in  the 


Jl'KlSIMC.TIUN   <>!■    M  A  KIN  K  (OURT. 


445 


next  M-ssion.  Where  tlif  action  is  brought  upon  a  bond  or  other 
contract,  the  judgment  must  be  for  the  sum  actually  due.  with- 
out regard  to  a  penalty  therein  contained  ;  and,  where  the  money 
is  payable  in  installments,  successive  actions  may  be  brought 
for  the  installments  a^  they  become  due. 

2.  In  an  action  to  recover  one  or  more  chattels,  a  judgment  ,\ 
c  annot  bo  rendered  in  favor  of  the  plaintiff  for  a  chattel  or  chat 
tels,  the  aggregate  value  of  which  exceeds  two  thousand  dol- 
lars. 

13.  The  court  has  not  jurisdiction  of  an  action  against  an  ex 
ecutor  or  administrator,  in  his  representative  capacity.  Hut 
this  subdivision  does  not  prevent  the  court  from  continuing  an 
action  against  an  executor  or  administrator,  or  from  substitut- 
ing an  executor  or  administrator  in  place  of  a  defendant  in  an 
action,  in  a  case  where  it  is  prescribed  that  a  continuance  or  sub- 
stitution may  be  made. 

§  1210.  The  following  actions  are  styled  in  this  title,  marine  j&vjoonlj?0, 
causes,  and  the  court  possesses  the  same  jurisdiction  of  such  an  ',^1,,. ,,,,,,  „, 
action  as  the  supreme  court  of  the  State:  marine  cause* 

1.  An  action  in  favor  of  a  person,  belonging  to  a  vessel  in 
tho  merchant  service,  against  the  owner,  master,  or  commander 
thereof,  for  the  reasonable  value  of  services,  or  for  the  breach  of 
a  contract  to  pay  for  services,  rendered  or.  to  be  rendered  on 
board  of  tho  vessel,  during  a  voyage,  wholly  or  partly  per- 
formed, or  intended  to  he  performed  by  it. 

2.  An  action  in  favor  of  or  against  a  person,  belonging  to  or 
on  board  of  a  vessel  in  the  merchant  service,  to  recover  damages 
for  an  assault,  battery,  or  false  imprisonment,  committed  on 
board  the  vessel,  upon  the  high  seas,  or  in  a  place  without  the 
United  States. 

But  this  section  does  not  confer  upon  the  marine  court  au- 
thority to  proceed  as  a  court  of  admiralty  or  maritime  jurisdic- 
tion. 

.§1211.  Application  for  the  removal  of  a  person  from  real  ^,,,iv  lr": 
property,  as  prescribed  in  title  two  of  chapter  seventeen  of  the 
code  of  civil  procedure,  may,  if  the  property  or  a  portion  thereof 
is  situated  in  the  city,  be  made  to  a  justice  of  the  marine  court. 

§  1212. .  The  court,  has  not,  nor  has  either  of  the  justices  r%riy  ',roc- 
thereof,  power  to  naturalize  an  alien.  Eofc 

§  1213.  Said  court  shall  continue  to  exercise  the  jurisdiction  natwnSSe*0 
and  powers  vested  in  it  by  law  on  September  first,  eighteen  hun-  co.  civ.  Proc. 
dred  and  seventy-seven,  according  to  the  course  and  practice  of  $-omp.  laes. 
the  court,  except  as  otherwise  prescribed  by  the  code  of  civil 
procedure,  or  acts  passed  subsequent  to  said  act. 

§  1214.  The  supreme  court,  at  a  term  held  in  the  first  judicial  I'm™  ' 
district,  may,  by  an  order  made  at  any  time  after  joinder  of  an 


1 16 


JUSTICES  OF  MARINE  COURT. 


Removal  of  u<- 
tlon  to  Huprcmt 
court  from 
marine  court. 


Co.  Civ.  l'roc. 
Sb'JO,  as 
amended  1877, 
ch.  416,  Comp. 

1303. 

Juatleea:  tlicir 
nntnl  duties. 


id.  {821. 

How  mupended 
from  office. 


Id.  §32.'. 
Chief  justice, 
how  desig- 
nated; his  gene- 
ral duties,  etc. 


issue  of  fact,  and  before  the  trial  thereof,  remove  to  itself  an 
action  brought  in  the  marine  court,  for  the  purpose  of  changing 
the  place  of  trial  thereof.    Where  an  order  for  removal  is  made, 
as  prescribed  in  this  section,  the  place  of  trial  must  be  changed 
by  the  same  order  to  another  county,  and  the  subsequent  pro 
coedings  therein  must  be  the  same  as  if  the  action  bad  been 
originally  brought  in  the  supreme  court.    The  .provisions  of  sec 
tions  three  hundred  and  forty-four,  tbree  hundred  and  forty 
five,  and  three  hundred  and  forty  six  of  the  code  of  civil  pro 
cedure  apply  to  an  application  to  remove  such  an  action,  and  to 
the  proceedings  upon  and  subsequent  to  the  removal,  as  if  the 
marine  court  was  specified  in  those  sections  in  place  of  the 
county  court,  and  justic%>thereof  in  place  of  the  county  judge. 

§  1215.  The  court  consists  of  six  justices,  one  of  whom  is  the 
chief  justice  of  the  court.  Each  justice  must  perforin  his  share 
of  the  labors  and  duties  appertaining  to  the  office.  One  of  the 
justices  must  attend  at  the  chambers  of  the  court,  from  ten 
o'clock  in  the  morning  until  four  o'clock  in  the  afternoon  of 
each  day,  except  Sunday,  a  public  holiday,  or  a  day  upon  which 
the  inhabitants  of  the  city  of  New  fork  generally  refrain  from 
business.  Kach  justice,  while  in  the  rooms  of  the  court,  and 
not  actually  engaged  in  the  performance  of  other  official  duties, 
must  act  upon  apy  application  for  his  official  action  properly 
made  to  him.  The  justice  assigned  to  a  trial  term  or  a  special 
term  must  remain  in  attendance  until  the  day  calendar  is  dis- 
posed of,  or  for  such  other  time  as  is  reasonable. 

^  121»J.  Where  it  appears  presumptively,  to  the  satisfaction 
of  the  governor,  that  a  justice  of  the  court  has  been  guilty  of 
corruption,  or  other  gross  misconduct  in  office;  or  habitually 
neglects  to  perform  his  share  of  the  labors  and  duties  appertain- 
ing to  the  office;  or  is  incapable  of  properly  discharging  the 
same;  the  governor  may,  in  his  discretion,  make  an  order  sus- 
pending that  justice  from  the  exercise  of  the  duties  of  his  office, 
and  directing  that  his  compensation  cease.  *Such  an  order  must 
recite  the  grounds  upon  which  it  is  made;  and  it  remains  in 
force,  unless  it  is  sooner  revoked  by  the  governor,  until  the  final 
adjournment  of  the  next  session  of  the  legislature;  or.  if  the 
legislature  is  then  in  session,  until  the  final  adjournment  of  that 
session. 

$  1217.  The  justices  of  the  court,  or  a  majority  of  them,  must, 
from  time  to  time,  as  a  vacancy  occurs  in  the  office  of  chief  jus- 
tice, designate  one  of  their  number  to  be  chief  justice.  A  certi- 
ficate of  the  designation,  under  the  hands  of  the  justices  making 
the  same,  must  be  filed  in  the  office  of  the  clerk  of  the  court. 
The  person  so  designated  shall  be  chief  justice  during  his  term 
of  office.    The  chief  justice  has  the  like  authority,  within  the 


JlSTICKs  OF  M  AH  INK  COUHT 


1)7 


jtirisdictiou  of  1 1  if  court,  as  a  presiding  justice  of  tin-  supreme 
court;  and  when  he  is  present  and  is  not  disqualified,  he  must 
preside  at  a  general  term. 

•?  121S.  The  justices  of  the  court,  or  a  majority  of  them,  may. 
from  time  to  time,  establish  rules  of  practice  for  the  court,  not 
inconsistent  with  the  code  of  civil  procedure,  or  with  the  gen 
eral  rules  of  practice  estahlished  as  prescribed  in  section  seven- 
teen thereof.  The  latter  govern  the  practice  in  the  court,  as  far 
as  they  are  applicable  thereto. 

£  1219.  The  court  is  always  open  for  the  transaction  of  any 
business,  for  which  notice  is  not  required  to  be  given  to  an  ad 
verse  party.  The  justices  of  the  court,  or  a  majority  of  them, 
from  time  to  time,  must  appoint,  and  may  alter,  the  times  of 
holding  general,  special,  and  trial  terms  of  the  court.  They 
must  prescribe  the  duration  of  the  terms;  designate  the" trial 
terms  at  which  jurors  are  required  to  attend;  and  assign  the 
justice  or  justices  to  preside  and  attend  at  each  of  the  terms  so 
appointed.  In  case  of  the  inability  of  a  justice  to  preside  or  at- 
tend, another  justice  may  preside  or  attend  in  his  place.  Each 
trial  and  special  term  must  be  held  by  one  justice,  and  each 
general  term  by  at  least  two  justices.  Two  or  more  general, 
special,  or  trial  terms  may  be  appointed  to  be  held  at  the  same 
time.  The  concurrence  of  two  justices  is  necessary  to  pronounce 
a  decision  at  a  general  term.  If  two  do  not  concur,  a  reargu- 
ment  must  be  ordered.  .The  justices  holding  a  general  term 
may  order  reargument,  before  themselves,  or  at  a  subsequent 
general  term,  of  a  cause  heard  by  them,  or  at  a  previous  general 
term.  % 

§  1220.  Each  term  bo  appointed  must  be  held  at  the  city  hall, 
except  that  auxiliary  or  additional  parts,  for  the  transaction  of 
any  business  specified  in  the  appointment  may  be  held  else- 
where within  the  city  of  New  York,  as  designated  in  the  ap- 
pointment. An  appointment  must  be  published  in  two  news 
papers,  published  in  the  city  of  New  York,  at  least  once  in  each 
week,  for  three  successive  weeks,  before  a  term  is  held  in  pur- 
suance thereof. 

S  J 221.  Each  of  the  justices  may,  within  the  city  of  New 
York,  administer  an  oath,  or  take  a  deposition,  or  the  acknowl- 
edgment or  proof  of  the  execution  of  a  written  instrument,  and 
certify  the  same  in  like  manner  and  with  like  authority  and 
effect  as  a  justice  of  the  supreme  court. 

§  1222.  In  an  action  brought  in  the  court,  au  order  cannot  be 
made,  or  a  warrant  of  attachment  granted,  by  an  officer  other 
than  a  justice  of  the  court :  and  each  provision  of  the  code  of 
civil  procedure,  which  empowers  an  officer,  other  than  a  judge 
of  the  court  in  which  an  action  is  brought  to  make  an  order 


Co,  Civ.  iy<n- 
ii.'tsi,  Comp, 

1301. 

Justices  mnv 
make  rule*. 


Id.  |UM. 
Court,  »  hen 

open;  |ustii*cs 
to  designate 
terms ;  routine 
of  business  at 
the  terms,  etc. 


Co.  Civ.  Proc. 
S325,Comi).i:wi 
Terms,  where 
held;  publiea-  • 
tion  of  appoint 
ments. 


Id.  $326. 
Justices  mny 
take  oaths, 
acknowledg- 
ments, etc. 


Id.  i&7. 

Orders,  etc. 
how  made. 


I  I  s 


CLERK  OF  THE  MARINE  COURT. 


id.  ins, 

m  amended 

1877,  ch.  410. 
Clerk,  deputy 
clerk,  and 

IlKKlHtUJltH. 


Co.  Civ.  Proc. 
$3^0, 

an  amended 
1877,  ch.  11B. 
Genera]  dutic* 
of  deputy  clerk 


id  * 

as  amended 
1*77,  ch.  416. 

speeiiii  deputy 
clerks. 


Id.  $831. 
Clerk  to  ac- 
count monthly 
for  fees,  nnil 
pay  over  the 
same. 


Co.  Civ.  Proc. 
$332,  Comp. 
1305,  as  amend- 
ed 1877,  ch.  416. 
Stenographers. 


therein,  must  be  construed  as  being  exclusive  of  an  action 
brought  in  tbo  marine  court. 

g  1223.  The  court  lias  a  clerk,  who  is  appointed,  and  may  l,e 
removed,  at  pleasure,  by  the  justices  thereof,  or  a  majority  of 
them.  He  must  by  a  written  instrument  under  his  hand,  filed 
in  his  office,  appoint,  and  may  at  pleasure  remove,  three  deputy 
clerks  and  not  more  tban  ten  assistants.  The  clerk  is  responsible 
for  tbe  faitbful  discharge  of  his  duty,  by  each  deputy  clerk  and 
each  assistant.  The  clerk,  each  deputy  clerk,  and  each  assist- 
ant, is  entitled  to  a  sal  •try.  fixed  and  to  be  paid  as  prescribed  In- 
law. 

L224.  Tbe  clerk,  and  also  each  deputy  clerk,  before  he  enter- 
upon  the  duties  of  his  office,  must  subscribe,  and  file  in  the 
office,  of  the  clerk  of  the  city  and  county  of  New  York,  the 
constitutional  oath  of  office.  The  deputy  clerk  has  all  the 
powers  and  may  perform  all  the  duties  of  the  clerk,  when  the 
office  of  clerk  is  vacant,  or  at  the  clerk's  office,  when  the 
clerk  is  absent  therefrom,  or  at  a  term  or  sitting  of  the  -court 
which  the  deputy  clerk  attends. 

i  Yli:>.  The  clerk  may  designate  as  many  of  his  assistants  as 
the  justices  of  the  court,  or  a  majority  of.them,  may  deem  neces- 
sary, as  special  deputy  clerks.  Each  special  deputy  clerk  pos- 
sesses, in  the  absence  of  the  clerk  and  a  deputy  clerk,  the  same 
powers  as  the  clerk,  at  any  sitting  or  term  of  the  court  which  he 
attends,  with  respect  to  the  business  transacted  thereat. 
•  §  1226.  The  clerk  must  receive,  for  the  use  of  the  city  of  New 
York,  the  fees  allowed  by  law.  He  shall  not  perform  any  ser- 
vice, for  which  a  fee  is  allowed  by  law,  until  the  fee  therefor  is 
paid  to  him.  He  must,  on  the  first  day  of  each  month,  or  with- 
in three  days  thereafter,  render  to  the  comptroller  of  the  city  an 
account,  under  oath,  of  all  fees  received,  directly  or  indirectly, 
during  the  preceding  month,  by  him,  or  by  a  deputy  clerk,  or 
either  of  his  assistants,  for  any  official  service  ;  and  he  must, 
at  the  same  time,  pay  the  same  into  the  treasury  of  the  city  of 
New  York.  AYhen  the  return  and  payment  are  so  made,  the 
clerk  is  entitled  to  receive  his  compensation  for  the  period 
included  in  the  return.  He  is  not  entitled  to  compensation  for 
a  period  for  which  he  has  not  made  his  return  and  payment. 

§  1227.  The  clerk  of  the  court  must  appoint  three  stenogra- 
phers of  the  court,  and  may  at  pleasure  remove  either  of  them. 
The  justices  of  the  court,  or  a  majority  of  them,  mast,  from 
time  to  time,  assign  each  of  the  stenographers  to  duty  at  the 
trial  terms.  Each  stenographer  is  entitled  to  a  salary,  fixed  and 
to  be  paid  as  prescribed  by  law.  He  must  attend  each  term  to 
which  he  is  assigned. 


IN  I'niM'KKTKk  OF  MA  KINK  COUKT. 


t  19 


^  L228.  The  clerk  of  the  court  from  time  to  time  must  appoint.  >  '  IW.J 
and  may  at  pleasure  remove,  an  official  interpreter  of  the  court,  i877.oh.4W. 

..,,    «,  ,  »      3         t  ±     \  •  •%  "Lai  Interpreter. 

who  is  entitled  to  a  salary,  fixed  and  to  be  paid  as  prescribed  by 
law.  Before  entering  upon  his  oflicial  duties,  lie  must  subscribe, 
and  til"  in  the  ollice  of  the  clerk  of  the  city  and  county  of  New 
York,  the  constitutional  oath  of  ollice.  Ho  must  attend  any 
trial  or  special  term  of  the  court,  where  his  services  are  required; 
and  the  justices  of  tho  court,  or  a  majority  of  them,  may, 
by  order,  regulate  his  attendance. 

§  1229.  If  the  official  interpreter  knowingly  and  willfully,  m.|«m 
falsely  interprets  any  evidence,  matter,  or  thing  between  a  miiSSSucl  v 
witness  and  the  court,  or  a  justice  thereof,  in  the  course  of  an 
action  or  special  proceeding,  ho  is  guilty  of  perjury. 

§  1230.  The  clerk  of  the  court  must  appoint,  and  may  at  J^Civ- Proc- 
pleasure  remove,  as  many  attendants  upon  the  court  as  he  (hems 
necessary,  not  exceeding  thirteen  ;  the  justices  of  the  court,  or  a  court  may 
majority  of  them,  may  regulate  their  attendance.    Each  at-  ants.  etc. 
tendant  is  entitled  to  a  salary,  lixed  and  to  he  paid  as  prescribed 
by  law. 

^  1231.  The  clerk,  the  deputy  clerk,  an  assistant  to  the  clerk,  ™  $,m 

°  '   Clerks,  inter  - 

the  oflicial  interpreter,  or  an  attendant,  shaU  not  receive  any  piytenand 

1  7  J    attendants  not 

fee  or  compensation,  except  his  salary,  for  any  official  service  to  receive  fees, 
performed  by  him. 

>J  12:52:  A  justice  of  t lie  court  may,  bv  an  instrument  under  i<MW7, 

"  i  »'  '■»»  .  as  amended 

his  hand,  suspend  a  stenographer,  or  an  officer  specified  in  the  i877,ch.««. 
last  section,  for  a  period  not  exceeding  ten  days  from  the  filing  a^^c^onhe 
thereof.  Such  an  instrument  must  express  the  cause  of  the 
suspension  ;  it  must  be  filed  in  the  office  of  the  clerk  of  the  city 
and  county  af  New  York  ;  and  it  may  be  revoked,  at  any  time 
before  the  expiration  of  the  period  of  suspension,  by  an  instru- 
ment filed  in  like  manner,  under  the  hand  of  the  justice  who 
executed  the  first  instrument,  or  the  hands  of  a  majority  of  the 
justices  of  the  court.  \Yhere  such  an  instrument  has  been 
revoked,  the  officer  shall  not  be  again  suspended  for  the  same 
cause. 

§  1233.  A  mandate  of  the  court  can  be  executed  only  within  w.$8sa. 
the  city  of  New  York,  except  as  follows  :  may  be  exe- 

1.  An  execution  upon  a  judgment  rendered  therein,  for  a  sum  the  city.  ou 
exceeding  twenty-five  dollars,  may  be  issued  out  of  the  court, 

tested  in  the  name  of  the  chief  justice  thereof,  to  the  sheriff  of 
any  county,  wherein  the  judgment  has  been  duly  docketed. 

2.  A  subpjen  i  may  03  served  within  either  of  the  counties  ijf 
Richmond,  Kings,  Queens,  or  Westchester. 

3.  A  warrant  to  apprehend  a  witness  for  a  failure  to  obey  a 
subpoena  may  be  executed  by  the  sheriff  of  the  city  and  county 
of  New  York,  or  a  marshal  of  that  city,  within  either  of  those 
counties. 


SUMMONS  IS  MABINE  COUKT. 


t  'o  Civ.  Proc. 
$333,Comp.l30i>. 

Direction  nnil 
rxocution  of 
iiinndateH. 


Co.  Civ.  Proc. 
)i3'Jfi8. 


Co.  C  iv.  Pi  CKV 
SS1T37.  173K. 


Co.  Civ.  I'roc 

13165. 

Summons. 


•I.  An  ordci duly  made,  in  ;ui  action  pending  in  the  court, 
requiring  the  performance  of  an  act  by  a  party  thereto,  or  by 
an  officer,  may  ho  served  upon  a  person  hound  to  obey  the  or- 
der, and  his  obedience  thereto  maybe  required  in  an  v  part of 
the  State. 

5.  An  order  1o  show  cause  why  a  person  Should  not  be  pun- 
ished for  a  contempt  of  the  court  may  be  served  by  any  person 
in  any  part  of  the  State. 

6.  A  warrant  to  apprehend,  and  bring  before  the  court,  a  per- 
son charged  with  such  a  contempt,  may  be  executed  by  the 
sheriff  of  the  city  and  county  of  New  York,  or  a  marshal  of 
that  city,  in  any  part  of  the  State. 

1234.  In  an  action  brought  in  the  court,  an  order  of  arrest, 
a  warrant  of  attachment,  an  execution,  or  a  requisition  to  re- 
plevy a  chattel,  must  be  directed  to  and  executed  by  the  sheriff. 
\ny  other  mandate,  which  must  have  been  directed  to  and  exe- 
cuted by  the  sheriff  of  the  city  and  county  of  New  York,  if  it 
issued  out  of  the  supreme  court,  may,  where  it  issues  out  of  the 
marine  court,  be  directed  to  and  executed  either  by  that  sheriff 
or  a  marshal  of  that  city,  named  therein.  A  marshal  is  entitled 
to  the  same  fees  as*  the  sheriff,  upon  a  mandate  directed  to  him, 
or  upon  the  service  of  a  summons  ;  and  each  provision  of  law, 
relating  to  the  execution  of  a  mandate  by  the  sheriff,  and  the 
power  and  control  of  the  court  over  the  sheriff  executing  the 
<ame,  applies  to  the  marshal.  The  return  of  a  marshal  to  such 
a  mandate,  or  his  certificate  of  the  execution  thereof,  or  of  the 
service  of  sny paper  served  by  him.  has  the  same  force  and  effect 
as  the  like  return  and  certificate  of  a  sheriff. 

§  123r>.  The  defendant  may  require  security  for  costs  to  be 
given  where  the  plaintiff  was,  when  the  action  was  commenced,  a 
person  residing  without  the  city. 

§  123G.  In  an  action  brought  in  the  mating  court  to  foreclose 
a  lien  upon  a  chattel,  fhe  court,  or  a  judge  thereof,  has  jurisdic- 
tion in  a  case  provided  by  law  to  issue  a  warrant  to  the  sher- 
iff, commanding  him  to  seize  the  chattel  and  safely  keep  it  to 
abide  the  final  judgment  in  the  action. 

§  1237.  The  summons  in  an  action  brought  in  the  court  must 
state  that  the  time  within  which  the  defendant  must  serve  a 
copy  of  his  answer  is  six  days  after  the  service  thereof,  exclus- 
ive of  the  day  of  service,  except  in  one  of  the  following  cases  : 

1.  A  justice  of  the  court  may,  unon  satisfactory  proof,  by 
affidavit,  that  either  the  plaintiff  or  the  defendant  resides  without 
the  city  of  New  York  ;  or,  where  there  are  two  or  more  plain- 
tiffs, or  two  or  more  defendants,  that  all  the  plaintiffs  or  all  the 
defendants  reside  without  that  city,  direct  by  an  order  that  the 
defendant  be  summoned  to  answer  within  a  shorter  time  speci- 


TIMK  FOK  I'KOtKKDI.NfiS  IN  MA  KINK  COURT. 


1 5  1 


fiod  therein,  not  less  than  two  days  after  the  service  of  the  sum- 
mons, exclusive  of  the  day  of  service  ;  whereupon  the  summons 
must  correspond  to  the  order.  The  order  must  he  indorsed  upon 
or  annexed  to  the  summons,  and  a  copy  thereof  must  Ikj  deliv- 
ered with  a  copy  of  the  summons.  The  justice  may,  in  his  dis- 
cretion, as  ;i  condition  of  granting  the  order,  require  the  plain 
tiff  to  give  an  undertaking,  with  one  or  more  sureties,  to  the 
effect  that  the  plaintiff  will  pay  any  judgment  which  maybe 
rendered  against  him  in  the  action,  not  exceeding  a  sum  speci- 
fied in  the  undertaking,  which  must  he  at  least  two  hundred 
dollars. 

2.  Where  an  order  directing  service  of  the  summons  with- 
out the  city  of  New  York,  or  by  publication  is  granted,  the  sum- 
mons must  state  that  the  time  within  which  the  defendant  must 
servo  a  copy  of  his  answer  is  ten  days  after  the  service  thereof, 
exclusive  of  the  day  of  service.  If  a  summons,  requiring  the 
defendant  to  answer  within  a  shorter  time  has  been  issued,  as 
prescribed  in  this  section,  before  an  order  specified  in  this  sub- 
division is  granted,  the  justice  granting  such  an  order  may  di- 
rect that  the  summons  be  amended  accordingly,  and  thereupon 
the  summons  published,  or  served  without  that  city,  pursuant 
to  the  order,  must  correctly  state  the  time. 

§  123S.  The  time  within  which  a  defendant  in  a  case  specified  wny' 
in  section  four  hundred  and  seventy-nine  of  the  code  of  civil 
procedure  must  demand  a  copy  of  the  complaint,  and  the  time 
within  which  the  plaintiff  must  serve  the  sdtne,  after  a  demand 
thereof,  as  prescribed  in  that  section,  and  the  time  within  which 
a  copy  of  a  pleading,  subsequent  to  the  complaint,  must  be 
served,  after  the  service  of  a  copy  of  the  preceding  pleading,  is 
the  same  number  of  days,  as  stated  in  the  summons,  within 
which  the  defendant  is  required  to  serve  a  copy  of  his  answer, 
after  service  of  the  summons.  But,  except  as  otherwise  pre- 
scribed in  section  thirty-one  hundred  and  eighty-five  of  said  act, 
a  defendant,  arrested  before  answer,  has  ten  days  after  the  ar- 
rest within  which  to  demand  a  copy  of  the  complaint  or  to 
serve  a  copy  of  his  answer,  as  the  case  requires,  and  judgment 
must  be  stayed  accordingly. 

>j  1230.  The  time  for  taking  certain  proceedings,  in  an  action  j^"^ 
brought  in  the  court,  is  as  follows: 

1.  Service  of  notice  of  non-acceptance  of  bail,  within  five 
days  after  the  delivery,-  to  the  plaintiff's  attorney,  of  certified 
copies  of  the  order  of  arrest,  return,  and  undertaking,  as  pre- 
scribed in  section  five  hundred  and  seventy-seven  of  the  code 
of  civil  procedure. 

2.  Service  of  notice  of  justification  of  the  bail,  within  five 
days  after  service  of  the  notice  specified  in  subdivision  first  of 
this  section. 


152 


BERYICE  OF  KOTll  B  IN   MA  KINK  COURT. 


:».  Service  of  notice  of  exception  to  the  sureties,  in  an  under- 
taking given  by  the  plaintiff,  as  security  for  the  defendant's 
costs,  within  two  days  after  service,  upon  1 1 1 *  -  defendant's  attor- 
ney, of  a  written  notice  of  the  filing  thereof;  and  service  of 
notice  of  the  justification  of  the  same,  or  new  sureties,  within 
••  t  wo  days  after  service  of  the  notice  of  exception. 

Bu«f,T'  Proc'        8  1240.  The  time  for  personal  service  of  certain  notices,  in  an 
action  brought  in  the  court,  is  as  follows: 

1.  Notice  of  justification  of  the  sureties,  in  an  undertaking 
given  by  the  plaintiff,  as  security  for  the  defendant's  costs,  not 
more  than  two  days. 

2.  Notice  of  an  application  for  judgment  in  a  case  specified 
in  section  five  hundred  and  thirty-seven  of  the  code  of  civil  pro- 
cedure; notice  of  a  motion  to  strike  out  a  pleading  in  a  case" 
specified  in  section  five  hundred  and  thirty-eight  of  said  act; 
notice  of  an  application  for  judgment  upon  the  defendant's  de- 
fault, ox  of  the  execution  of  a  reference,  or  writ  of  inquiry,  or  of 
an  assessment  thereupon,  as  prescribed  in  section  twelve  hun- 
dred and  nineteen  of  said  act— not  less  than  two  days. 

'.).  Notice  "of  the  justification  of  hail,  not  less  than  two  nor 
more  than  ten  days. 

4.  Notice  of  a  motion,  other  than  a  motion  specified  in  sub- 
division second  of  this  section,  not  less  than  four  days;  but  the 
court  or  a  justice  thereof  may,  upon  an  affidavit  showing 
grounds  therefor,  yrescribe  a  shorter  time  by  an  order  to  show 
cause. 

5.  Notice  of  trial  of  an  issue  of  fact,  or  of  an  issue  of  law; 
notice  of  the  hearing  of  an  appeal,  or  of  any  other  hearing,  the 
time  for  serving  which  is  not  expressly  prescribed  in  either  of 
the  foregoing  subdivisions  of  this  section,  or  elsewhere  in  this 
title— not  less  than  five  days. 

G.  Notice  of  taxation  of  costs,  not  less  than  two  days;  ex- 
cept where  all  the  attorneys,  serving  and  served  with  the  notice, 
reside  or  have  their  offices  in  the  city  of  New  York,  in  which 
case  one  day's  notice  is  sufficient. . 
Co.  civ.  Proc.  §1241.  Notice  of  trial  of  an  issue  triable  at  a  tenu  of  the 
court,  or-  of  the  hearing  of  an  appeal  to  the  general  term  of  the 
court,  may  be  given  for  any  day  of  the  term.  A  note  of  issue 
must  be  filed  at  least  two  days  before  the  day,  or  the  commence- 
ment of  the  term,  for  which  the  notice  of  trial  or  hearing  is 
given;  and,  if  it  relates  to  the  trial  of  an  issue  of  fact,  or  of  law, 
it  must,  in  addition  to  the  matters  specified  in  section  nine  hun- 
dred and  seventy-seven  of  the  code  of  civil  procedure,  state  the 
day  or  the  term  for  which  the  notice  has  been  given.  But  this 
.and  the  last  section  do  not  apply  to  a  case  where  special  pro- 
vision is  otherwise  made  in  sections  twelve  hundred  and  fifty - 
one  to  twelve  hundred  arrd  sixty,  inclusive,  of  this  act. 


I' I M  K  DKCISIO.N   ML' ST  BE  PILED; 


4o:i 


£  1242.  Thf  timo  within  which  the  decision  of  the  court  must  g»^£h  Proc 
he  filed,  in  a  case  specified  in  section  ten  hundred  and  ten  of  the 
code  of  civil  procedure,  is  ten  days  after  the  cause  is  finally  suit 
n fitted.  The  decision  of  the  Court,  in  a  case  specified  in  section 
ten  hundred  and  twenty-two  of  said  act,  is  sufficient  if  it  directs 
the  judgment  to  he  entered  thereupon:  hut,  if  so  required  by  a 
party  appealing,  the  justice  by  whom  t  ho  decision  was  made 
must,  within  ten  days  after  the  appeal  is  perfected  and  notice 
thereof  and  of  the  requirement  is  given  to  him,  make  and  file 
with  tho  clerk  a  special  decision,  stating  separately  the  facte 
found  and  the  conclusions  of  law. 

§124.°>.  A  counter-claim,  specified  in  suhdivision  second  of  sec-  ^l:','"  ,  r  " 
tion  five  hundred  and  one  of  the  code  of  civil  procedure,  cannot 
be  interposed  in  an  action  brought  in  the  court,  unless  it  is  of 
such  a  nature  that  the  court  has  jurisdiction  of  an  action  founded 
thereupon;  except  that,  in  an  action  brought  by  an  executor 
or  administrator,  any  counter-claim  may  be  interposed  which 
could  be  interposed  in  a  like  action  brought  in  the  supreme 
court.  A  counter-claim"  may  be  interposed  in  an  action  brought 
in  the  court,  without  respect  to  the  amount  thereof,  and 
judgment  thereupon,  in  favor  of  the  defendant,  may  be  rendered 
for  any  sum. 

§  1244.  The  court  may,  of  its  own  motion,  or  upon  the  appli-  iars.v"  Ir°r 
cation  of  either  party,  without  the  consent  of  the  other,  by  order, 
direct  a  reference,  to  determine  and  report  upon  a  question  of 
fact,  arising  upon  a  motion,  in  any  stage  of  an  action. 

§  124.").  A  party  to  whom  a  sum  is  awarded,  upon  a  trial,  an  «SmT- Proc 
assessment  of  damages,  or  the  execution  of  a  reference  or  writ  Portion  of  yer 

°     '  diet,  etc.,  mav 

of  inquiry,  may  remit  any  portion  thereof,  and  take  judgment  be  remitted. ' 
for  the  residue. 

j>  1240.  Where  it  satisfactorily  appears  that  a  party,  who  is  pnea Pr°' 
actually  confined  in  jail  by  virtue  of  an  order  of  arrest,  or  an 
execution  against  the  person,  issued  in  an  action  brought  in  the 
court,  is  physically  unable  to  endure  the  confinement,  and  that 
he  cannot  procure  bail,  or  the  necessary  SLireties  in  a  bond  for 
the  jail  liberties,  as  the  case  requires,  the  court,  or  a  justice 
thereof,  may,  in  its  or  his  discretion,  by  order,  direct  the  sheriff 
to  release  him  from  custody.  The  sheriff  must  obey  such  an  or- 
der. After  such  a  release  from  an  execution  against  the  person, 
another  execution  against  the  person  of  the  judgment  debtor, 
cannot  be  issued  upon  the  judgment;  but  the. judgment  creditor 
may  enforce  the  judgment  against  property,  as  if  the  execution 
from  which  the  judgment  debtor  was  released  had  been  returned 
without  his  being  taken. 
§  1247.  An  order,  directing  the  service  of  a  summons,  either  2g^T-  Rroe- 
•    without  the  city  of  New  York  or  by  publication,  may  be  granted 


ATTACHMENT  IN  MARINE  COURT. 


service  of  «um-  by  the  court,  or  by  a  justice  thereof:  hut  only  in  a  rase  where  a 
fflonfl  without       J  jo  j 

puhnrauon1'"'  warrant  of  attachment  has  been  issu-d,  as 'prescribed  in  the  last 
section,  and  personal  service  of  the  summons  cannot  he  made, 
with  due  diligence,  within  that  city.  The  plaintiff,  when  heap- 
plies  for  such  an  order,  must  show  hy  affidavit,  to  the  satisfac- 
tion of  the  court  or  justice,  that  the  case  is  within  this  section. 
Where  an  order  is  granted,  as  prescribed  in  this  section,  service 
of  the  summons  without  that  city  may  be  made,  as  directed  in 
the  order,  either  within  or  without  the  State.  Sections  four 
hundred  and  forty  to  four  hundred  and  forty-five,  both  incln 
sive,  sections  six  hundred  and  .thirty -eight,  seven  hundred  and 
seven,  and  seven  hundred  and  eight  of  the  code  of  civil  pro- 
cedure apply  to  the  service  or  publication,  pursuant  to  such  an 
order,  and  to  the  proceedings  relating  to  the  same,  and  subse- 
quent thereto;  substituting  the  words,  "  the  city  of  New  York,"' 
in  place  of  the  words,  "  the  State,"  wherever  the  latter  words 
occur.  If  the  defendant  is  a  resident  of  the  city  of  New  York, 
the  order  must  also  direct  that  a  copy  of  the  summons,  com- 
plaint, and  order  be  left  at  his  residence,  specifying  it,  with  a 
person  of  suitable  age  and  discretion,  if,  upon  reasonable  appli- 
cation, admittance  can  be  obtained,  and  such  a  person  found 
who  will  receive  it;  or  if  admittance  cannot  be  so  obtained,  nor 
such  a  person  found,  by  affixing  the  same  to  the  outer  door  of 
the  residence  so  specified. 
Co  civ  lToc.  §  1248.  In  order  to  entitle  the  plaintiff  to  a  warrant  of  at- 
s3,e9  tachment  against  property,  he  must  show  by  affidavit,  to  the 

satisfaction  of  the  justice  granting  it,  that  a  sufficient  cause  of 
action  exists  against  the  defendant,  to  recover  damages  for  one 
or  more  causes  specified  in  section  six  hundred  and  thirty-five 
of  the  code  of  civil  procedure,  to  an  amount  stated  in  the  affi- 
davit; which,  if  the  action  is  to  recover  damages  for  breach  of  a 
contract,  must  be  stated  over  and  above  all  counter-claims  known 
to  the  plaintiff;  and  also  that  the  case  is  within  one  of  the  fol- 
lowing subdivisions: 

1.  That  the  defendant  is  a  foreign  corporation,  or  a  domestic 
corporation  whose  principal  place  of  business  is  not  within  the 
city  of  New  York. 

2.  That  the  defendant  is  not  a  resident  of  the  State. 

3.  That  the  defendant,  being  a  resident  of  the  State,  is  not  a 
resident  of  the  city  of  New  York,  and  has  not  an  office  within 
that  city  where  he  regularly  transacts  business  in  person. 

4.  That  the  defendant,  being  an  adult  and  a  resident  of  that 
city,  has  departed  therefrom,  with  intent  to  defraud  his  credit- 
ors or  to  avoid  service  of  the  summons;  or  keeps  himself  con- 
cealed therein,  with  the  like  intent;  or  that.,  after  proper  and 


ATTACHMENT  I  N  MARINE  COURT 


4.'.;. 


diligent  effort  to  ascertain  the  place  of  the  sojourn  of  such  :i 
resident  adult  defendant,  the  same  cannot  he  ascertained. 

.">.  That  the  defendant,  being  an  adult,  has  removed,  or  is 
about  to  remove,  property  from  that  city,  with  intent  to  defraud 
his  creditors,  or  that  he  has  assigned,  disposed  of,  or  secreted, 
oris  about  to  assign,  dispose  of.  or  secrete  property,  with  the 
like  intent. 

6.  That  the  defendant,  being  an  adtdt  and  a  resident  of  that 
city,  has  been  continuously  without  the  United  States  more 
than  six  months  next  before  the  granting  of  the  warrant,  and 
has  not  made  a  designation  of  a  person  upon  whom  to  serve  a 
summons  in  his  behalf,  as  prescribed  in  section  four  hundred 
and  thirty  of  said  act.  or  a  designation  so  made  no  longer  ve 
mains  in  force. 

§  1249.  At  the  time  of  issuing  any  attachment  or  warrant,  c*mphiwr5' 
the  party  applying  therefor  shall  pay  to  the  said  clerk  the  sum  l1"rk'" 
of  one  dollar;  and  if  a  trial  shall  be  had  in  the  action  so  com 
inenced  the  plaintiff  therein  shall  pay  to  the  said  clerk  an  addi- 
tional sum  of  two  dollars  and  fifty  cents,  which  said  sums  shall 
be  received  in  lieu  of  all  other  fees  now  required  by  law  to  be 
paid  the  said  clerk. 

12.")0.  Where  perishable  property  has  been  levied  upon,  by  oo.cit.ivoc, 
virtue  of  an  execution  or  a  warrant  of  attachment,  the  court  may,  perishable 
upon  the  application  of  the  officer  making  the  levy,  by  order,  b^soM*™*3 
direct  the  sale  thereof,  at  such  a  time  and  upon  such  a  notice  as 
it  deems  proper,  and  thereupon  the  property  must  be  sold  ac- 
cordingly. 

1251.  In  an  action  specified  in  subdivision  second  of  section  Prc"' 
three  hundred  and  seventeen  of  the  code  of  civil  procedure,  the  Arrest  in  cer- 
plaintiff  may  apply  for  an  order  of  arrest,  to  accompany  the 
summons,  in  the  form  and  to  the  effect  specified  in  the  next  sec- 
tion.   If  such  an  order  is  granted,  the  proceedings  in  the  action 
must  be  conducted  as  prescribed  in  the  following  nine  sections. 
*  The  justices  of  the  court,  or  a  majority  of  them,  may  from  time  court  may  reg 
to  time,  by  one  or  more  general  rules,  attested  by  the  hands  of  Tainifes. 
the  justices  making  the  same,  and  filed  with  the  clerk,  regulate 
the  manner  in  which  an  application  for  such  an  order  may  be 
made,  and  the  cases  in  which  an  undertaking  may  be  dispensed 
with.    Until  regulations  are  so  established,  the  justice  to  whom 
the  application  is  made  may,  in  his  discretion,  require  or  dis- 
pense with  an  undertaking  thereupon. 

$  12">2.  The  order  of  arrest,  granted  as  prescribed  in  the  last  ^°i:Civ  Pwe 
section,  must  require  the  sheriff  to  arrest  the  defendant,  and  to 
bring  him  forthwith  before  the  court,  at  the  chambers  thereof: 
or  if,  when  he  is  arrested,  the  court  is  not  in  session  at  cham 
hers,  to  hold  him  to  bail,  in  a  sum  specified  in  the  order,  for  his 


456 


ORDER  OF  ARREST  IN  MARINE  COURT. 


personal  attendance  at  the  opening  of  the  court,  on  the  next  day 
thereafter,  when  it  is  in  session  at  the  chambers  thereof.  The 
Order  must  also  direct  that  the  defendant  he  summoned  to  an- 
swer the  complaint  in  the  action  forthwith.    Thereupon  th< 
summons  must  conform  to  the  order. 

fo.civ.  pioc.  §  1253.  The  sheriff,  upon  arresting  the  defendant,  by  virtue 
of  such  an  order,  must,  at  the  same  time,  serve  upon  him  the 
summons,  and  also  a  copy  of  the  order  of  arrest,  and  of  the  pa- 
pers upon  which  it  was  granted.  He  must  forthwith  bring  the 
defendant  before  the  court,  at  the  chambers  thereof,  if  the 
court  is  then  in  session  at  chambers;  otherwise, unless  bail  is  given, 
as  prescribed  in  the  next  section,  he  must  take  the  defendant  to 
the  jail  of  the  city  and  county  of  New  York  for  the  confinement 
of  prisoners  in  civil  causes.  The  keeper  thereof  must  confine 
the  defendant  therein.  On  the  next  day  thereafter,  when  the 
court  is  in  session  at  chambers,  the  sheriff  must  take  the  defend- 
ant from  the  jail  and  bring  him  before  the  court. 

«8i'«on*' rrot'  §1254.  The  defendant  may  give  bail,  by  delivering  to  the 
sheriff,  a  written  undertaking  to  the  plaintiff,  in  the  sum  speci- 
fied in  the  order  of  arrest,  executed  by  one  or  more  sureties,  to 
the  effect  that  the  defendant  will  attend  in  person  at  the  opening 
of  the  court,  at  the  chambers  thereof,  on  the  next  day  there- 
after when  it  is  there  in  session;  or  he  may  deposit  with  the 
sheriff  the  sum  specified  in  the  order  of  arrest.  In  either  case, 
the  sheriff  must  foithwith  release  him  from  custody. 

Oo.gCiT. Proc.  g  1255.  Where  bail  is  given,  as  prescribed  in  the  last  section, 
the  officer  taking  the  acknowledgment  of  the  undertaking  must, 
if  the  sheriff  so  requires,  examine  under  oath,  to  a  reasonable 
extent,  the  persons  offering  to  become  bail,  concerning  their 
property  and  their  circumstances.  The  defendant  may  give 
bail,  or  make  the  deposit  immediately  upon  his  arrest,  at  any 
hour  of  the  day  or  night;  and  he  must  have  reasonable  opportu- 
nity to  seek  for  and  to  procure  bail,  before  being  committed  to 
jail.  Where  a  deposit  is  made,  the  money  deposited  must,  be- 
fore the  expiration  of  the  next  day  thereafter,  not  being  Sunday 
or  a  public  holiday,  be  paid,  by  the  sheriff,  into  court,  to  the 
credit  of  the  action,  by  being  p  lid  directly  to  the  chamberlain. 

id.  §3i32.  §  1256.  At  any  time  after  the  return  of  the  sheriff,  and  before 

after  retura.  final  judgment,  a  justice  of  the  court  may  admit  a  defendant  in 
custody  to  bail,  or  allow  him  to  make  a  deposit;  and  may  direct 
his  release,  upon  his  giving  bail  or  making  the  deposit  accord- 
ingly. The  sum  to  be  deposited,  or  the  sum  specified  in  the  un- 
dertaking of  the  bail,  must  be  fixed,  and  the  sureties  in  the  un- 
dertaking must  be  approved,  by  the  justice;  who  must  be  satis- 
fied, by  their  examination,  or  by  other  proof,  respecting  their 
sufficiency.    The  undertaking  must  be  to  the  effect  that  the 


3 


ORDER  Of  ARREST  I v-  klARINE  COURT.  i  'u 

defendant  will,  at  all  times,  render  himself  amenable  to  a  j 

mandate  which  may  he  issued,  10  enforce  ;i  final  judgment 
against  him  in  the  action.  Article  fourth  of  title  first  of 
chapter  seventh  of  the  code  of  civil  procedure  applies  where  hail 
is  given  as  proscribed  in  this  or  the  last  section. 

3  1257.  Unless  hail  is  given,  01'  a  deposit  is  made.       pre*  u.fUM. 
scribed  in  the  last  three  sections,  the  defendant  must  remain  in  defendant  to  w 
the  jail  by  virtue  of  the  order  of  arrest,  until  final  judgment  in  !  ™l'!V  ' 
the  action:  and  if  the  judgment  is  against  the  defendant,  until 
the  return  of  an  execution  against  property,  issued  thereupon. 
But  the  court  must  direct  him  to  he  brought  into  court  at  the 
time  of  the  trial  ;  and  it  may,  in  its  discretion,  direct  him  to  be 
brought  into  court  at  any  other  time.    In  either  case,  he  must 
betaken  from  the  jail  and  brought  into  court  accordingly. 

§  125S.  The  sheriff,  after  serving  the  summons  and  executing  9g^v- Proc 
the  order  of  arrest,  must  make  a  full  return  of  his  proceedings  Return  of 
thereupon,  to  the  court  at  chambers.  The  return  must  be  made 
forthwith,  unless  the  court  is  not  then  in  session  at  chamber-; 
in  which  case,  it  must  he  made  immediately  after  the  opening  of 
the  court,  on  the  first  day  thereafter,  when  it  is  there  in  session. 
If  the  defendant  has  given  bail,  the  undertaking  of  the  bail 
must  be  returned,  to  be  delivered  to  the  plaintiff  when  the  court 
so  directs. 

;>  12M».  L'nless  both  parties  sooner  appear,  the  court  must  w. §3185. 

1  *r  m  **-*i*t  1  ■  ■  ■ 

wait  one  hour  after  the  return  ;  or,  if  the  defendant  has  given  utter  return 
bail,  one  hour  after  the  opening  of  the  court.  As  soon  after 
the  parties  appear,  or  after  the  expiration  of  the  hour,  as  tin* 
business  upon  which  the  court  is  then  engaged  will  permit,  the 
court  'must  take  up  the  cause.  If  the  plaintiff  does  not  then 
appear,  a  judgment  dismissing  the  complaint;  with  costs,  must 
he  rendered.  If  the  defendant  does  not  then  attend  in  person, 
the  plaintiff  must  then  make  bis  complaint,  and  the  defendant's 
default  must  be  entered.  If  the  plaintiff  appears  and  the 
defendant  attends  in  person,  the  pleadings  must  then  be  made, 
and  issue  must  then  be  joined.  The  pleadings  may  be  oral  or 
written  ;  if  they  are  oral,  the  clerk  must  enter  the  substance 
thereof  in  the  minute-.  If  either  party  desires  a  trial  by  a  jury, 
he  must  demand  the  same,  at  the  time  of  the  joinder  of  issue  : 
otherwise  the  issue  must  be  tried  by  the  court  without  a  jury. 

<5  1866.  Where  a  trial  by  jurv  is  dulv  demanded,  the  court  at  Ri31 

Trial. 

chambers  must  direct  the  issue  to  1k>  tried,  at  a  trial  term,  upon 
such  notice  as  it  deems  proper,  or  without  notice;  it  may  also 
direct  that  the  action  have  a  preference  upon  the  day  calendar, 
either  generally  or  for  a  particular  day;  and  it  may  give  such 
direction  as  it  deems  proper,  with  respect  to  filing  a  note  of 
issue.    Where  a  trial  by  jury  is  not  duly  demanded,  or  where 


ORDER  <>l    A.RRES1   IN   MARINE  COURT. 


the  defendant  is  in  default,  the  evidence  must  then,  01  at  such 
subsequent  time,  either  at  chambers  or  at  a  D  ial  tenn  or  special 
term,  as  the  court  at  chambers  appoints,  he  given:  and  there- 
upon final  judgment  must  l>e  rendered.  Bat  the  issue  must  he 
appointed  to  he  tried  within  six  days  after  the  joinder  thereof, 
unless  both  parties  assent  to  a  longer  time  :  or  a  trial  by  jury  is 
demanded,  and  there  is  no  term  of  the  court,  at  which  it  can  he 
had,  within  that  time.  The  trial  cannot  be  adjourned,  without 
the  consent  of  both  parties,  beyond  three  calendar  months  from 
the  joinder  of  issue. 

co^iv.  proc.  §  1201.  Sections  twelve  hundred  and  fifty-one  to  twelve  hun- 
dred and  sixty,  inclusive,  of  this  act,  do  not  prevent  the  plain- 
tiff, from  commencing,  and  conducting  in  the  ordinary  man- 
ner, an  action,  for  a  cause  specified  in  subdivision  second  of  sec- 
tion three  hundred  and  seventeen  of  the  code  of  civil  procedure. 

m. fsDn.  |126&.  Sections  four  hundred  and  thirty-eight,  six  hundred 

and  three,  sec  tions  six  hundred  and  eleven  to  six  hundred  and 
nineteen,  both  inclusive,  sections  six  hundred  and  thirty-six. 
eight  hundred  and  twenty-seven,  ten  hundred  and  thirteen,  and 
ten  bundled  and  fifteen  of  the  code  of  civil  procedure  do  not 
apply  to  an  action  or  a  special  proceeding  brought  in  the  marine 
court,  or  before  a  justice  thereof,  or  to  any  proceeding  therein. 
Sections  thirty-two  hundred  and  sixty-eight  and  thirty-two  hun- 
dred and  sixty-nine  of  said  act  do  not  apply  to  actions  known  as 
marine  causes,  or  where  an  undertaking  has  been  given  as  pre- 
scribed in  section  thirty-one  hundred  and  sixty-five  of  said  act. 
A  plaintiff  in  an  action  brought  in  the  court,  who  has  an  office 
for  the  regular  transaction  of  business  in  person  witbin  the  city 
of  New  York,  is  deemed  a  resident  of  that  city  within  the  mean- 
ing of  sections  thirty-two  hundred  and  sixty-eight  and  thirty - 
two  hundred  and  sixty-nine  of  said  act. 

w.  §3jc7.  §  1203.  Section  thirty-two  hundred  and  twenty-one  of  the 

code  of  civil  procedure  applies  to  an  action  brought  in  the  court 
and  to  the  judgment  and  execution  against  the  person  and  prop- 
erty of  the  judgment  debtor. 

w.  |am.  §  126-i.  The  application  to  the  court  of  article  second  of  title 

third  of  chapter  ninth  of  the  code  of  civil  procedure  is  subject 
to  the  following  qualifications  : 

1.  The  words,  "'the  city  and  county  of  New  York,  or  either 
of  the  counties  of  Eichmond,  Kings,  Queens,  or  Westchester," 
must  be  regarded  as  substituted  in  place  of  the  words,  "  the 
State,"  wherever  those  words  are  used  in  that  article,  with  re- 
spect to  the  locality  of  a  witness. 

2.  Interrogatories,  framed  pursuant  to  that  article,  can  be 
settled  only  by  a  justice  of  the  court.  * 

3.  A  commission,  or  order  to  take  depositions,  issued  or 


APPEALS  IN   MARINE  COURT. 


459 


granted,  pursuant  to  that  article,  may  he  executed  either  within 
or  without  the  State. 

&966i  Money  paid  into  the  court,  pursuant  to  any  provision  1>r  "' 

of  the  code  of  civil  procedure,  must,  unless  the  court  otherwise 
directs,  he  paid  directly  to  the  ehamherlain  of  tho  city  of  New 
York,  to  the  credit  of  the  cause  in  which  it  is  paid.  The  court 
may  direct  that  money  paid  into  court  in  an  action  brought 
therein  on  a  bond,  mortgage,  or  other  security,  or  puhlic  stock,  9&^j^Fne 
in  or  upon  which  it  has  heen  invested  or  loaned,  he  transferred  Comp  mm 
and  delivered  to  a  general  or  special  guardian,  committee,  or 
other  trustee,  upon  his  giving,  or  if  he  has  given,  security  satis- 
factory to  the  court,  for  the  faithful  execution  of  his  trust ;  or 
that  a  bond,  mortgage,  or  other  security,  or  puhlic  stock,  to  be 
taken  by  or  in  the  name  of  the  guardian,  committee,  or  other 
trustee's:  and  be  collected,  invested,  or  loaned,  as  the  court 
directs,  or  as  prescribed  in  the  general  rules  of  practice. 

jj  1200.  An  appeal  to  the  general  term  of  the  court  maybe 
taken  from  a  final  judgment  rendered  therein,  in  a  case  where 
an  appeal  may  he  taken  to  the  general  term  of  the  supreme  court 
from  a  final  judgment  rendered  therein,  as  prescribed  in  section 
thirteen  hundred  and  forty-six  of  the  code  of  civil  procedure. 

§  1207.  An  appeal  to  the  general  term  of  the  court  may  also  r^riv  Vroc- 
be  taken  from  an  interlocutory  judgment  rendered,  or  an  order 
made,  at  a  special  term  or  a  trial  term  thereof,  or  an  order  made 
by  a  justice  thereof,  out  of  court,  in  a  case  where  an  appeal  may 
be  taken  to  the  general  term  of  the  supreme  court  from  an  inter- 
locutory judgment  rendered,  or  an  order  made,  in  like  manner, 
as  prescribed  in  sections  thirteen  hundred  and  forty-seven,  thir- 
teen hundred  and  forty-eight,  and  thirteen  hundred  and  forty- 
nine  of  the  code  of  civil  procedure. 

§  126S.  An  appeal,  authorized  by  the  last  section,  must  be  Proc 
taken  within  ten  days  after  service  of  a  copv  of  the  judgment  Jtae toappeai 

»  L  J  from  order; 

or  order  appealed  from,  and  a  written  notice  of  the  entrv  proceedings 

~r  '  .  J  thereupon. 

thereof.  In  every  other  respect,  titles  first  and  fourth  of  chapter 
twelfth  of  the  code  of  civil  procedure,  apply  to  and  govern  an 
appeal,  taken  as  prescribed  in  either  of  the  last  two  sections. 

1209.  An  appeal  may  be  taken  to  the  court  of  common  °^-9JJlv  Proc 
pleas  for  the  city  and  county  of  New  York  from  an  actual  deter-  Appeal  from 

...  i     i      xi  •  i      r  it        •«        »  general  term  to 

mutation  made  bvtlte  marine  court  of  the  city  of  New  York,  at  common  pleas; 

"  .  in  what  oases. 

a  general  term  thereof,  in  either  of  the  following  cases  : 

1.  Where  a  final  judgment  had  been  rendered  Upon  an  ap- 
peal taken  to  the  general  term. 

2.  Where  an  order  has  heen  made  granting  a  new  trial. 
But  an  appeal  cannot  be  taken  from  an  order  granting  a  new 
trial  upon  a  case  or  exceptions,  unless  the  notice  of  appeal  con- 
tains an  assent,  t>n  the  part  of  the  appellant,  that  if  the  order  is 


SALARIES  OF  MARINE  COURT  CLERKS,  ETC. 


Co.  Civ.  Proc, 


J<l. :  proceed- 
Iiirs  regulated. 


Co.  Civ.  l'ror. 
$3193. 

Id.;  within 
what  time; 
«  Ijii  .•  beard. 


C6,  Civ.  Vroc 
|8I94. 


Proc. 


Co.  Civ 
1181. 

Comp.  1327 
Appeals  to 
court  of 
appeals. 


Co.  Civ.  Pino. 
$319.'.. 


lnTO,  cli.  413.  $2 
Comp.  1825. 
Salaries. 


1880.  cb.  531  ,$8. 


affirmed,  judgment  absoluto  may  be  rendered  against  the  appel 
lant. 

v  1l>7o.  Title-  fust  and  third  of  chapter  twelfth  of  the  codeof 
civil  procedure  apply  to  and  govern  an  appeal,  taken  as  pre- 
scribed in  the  last  section,  except  as  otherwise!  expressly  pre 
scribed  in  the  next  two  sections. 

§  1271.  An  appeal,  authorized  by  the  last*  section,  must  be 
taken  within  twenty  days  after  service  of  a  copy  of  the  judg- 
ment or  order  appealed  from,  and  a  wiitten  notice  of  the  entry 
thereof.  The  appeal  must  he  heard  at  a  general  term  of  the 
appellate  court. 

§  1272.  The  judgment  or  order  of  the  appellate  court  must  be 
remitted  to  the  court  below,  to  be  enforced  according  to  law. 
Upon  an  appeal  from  an  order  granting  a  new  trial,  on  a  case  or 
exceptions,  if  tin*  appellate  court  determines  that  no  error  was 
committed  in  granting  the  new  trial,  it  must  render  judgment 
absolute  upon  the  right  of  the  appellant  ;  and  thereupon  an 
.i->essment  of  damages,  or  any  other  proceeding  requisite  to 
render  the  judgment  effectual,  may  be  had  in  the  marine  court. 

?  1273.  An  appeal  to  the  court  of  appeals  cannot  l)e  taken  in 
an  action  commenced  in  the  marine  court  unless  the  court  below 
allows  the  appeal  by  an  order  made  at  the  general  term  which 
rendered  the  determination,  or  at  the  next  general  term,  after 
judgment  is  entered  thereupon. 

§  1274.  Upon  an  appeal  to  the  court  of  appeals,  the  notice  of 
appeal  and  undertaking  must  be  filed  "with  the  clerk  of  the 
marine  court,  who  must  transmit  the  necessary  papers  to  the 
court  of  appeals  ;  and  the  judgment  or  order  of  the  court  of 
appeals  must  be  remitted  to  and  enforced  by  the  marine  court. 

§  1275.  The  clerks,  officers,  attendants,  and  interpreter  of 
said  court  receive  the  following  salaries  :  The  clerk,  four  thou- 
sand dollars :  one  deputy  clerk,  three  thousand  five  hundred 
dollars,  and  the  other  deputy  clerks,  three  thousand  dollars 
each.  The  assistant  clerks,  two  thousand  dollars  each.  The 
stenograph ers,  two  thousand  dollars  each.  The  attendants, 
twelve  hundred  dollars  each,  and  the  interpreter,  fifteen  hun- 
dred dollars.  But  the  clerk,  deputy  clerks,  and  assistant  clerks 
appointed  after  May  twenty-ninth,  eighteen  hundred  and  eighty, 
shall  receive  respectively  ihe  following  salaries  :  The  clerk, 
three  thousand  dollars  ;  the  deputy  clerks,  -two  thousand  dollars 
each,  and  the  assistant  clerks,  one  thousand  five  hundred  dollars 
each  ;  the  attendants  or  officers,  one  thousand  dollars  each,  and 
such  salaries  shall  be  all  that  the  persons  holding  such  offices  or 
positions  shall  be  entitled  to  receive  from  the  treasury  of  said 
city  for  any  and  all  services  rendered  to  the  city  or  county  dur- 
ing the  term  for  which  such  salary  shall  be  received. 


THE  JUDICIAL  DISTRICTS. 


161 


§  1270.  Costs  awarded  to  a  party  to  an  action  in  .-aid  Court  in       h  lw 
the  following  cases  must  bo  at  the  following  rates : 

To  the  plaintiff  for  procuring  an  order  of  arrest,  ten  dollars. 

To  either  party  for  one  term  at  which  the  cause  is  necessarily 
on  the  calendar,  ten  dollars. 

To  either  party  upon  an  appeal  to  the  general  term  taken 
from  an  Interlocutory  or  final  judgment,  'or  from  an  order 
granting  or  refusing  a  new  trial  rendered  or  made  in  said  court, 
or  upon  an  appeal  to  the  court  of  common  pleas,  or  on  an  appli- 
cation to  the  general  term  for  a  new  trial,  or  for  judgment  upon 
a  verdict  rendered  subject  to  the  opinion  of  the  court,  or  where 
exceptions  are  ordered  to  be  heard  in  the  first  instance  at  the 
general  term  before  argument,  twenty  dollars  ;  for  argument, 
forty  dollars  ;  for  one  general  term  at  which  the  cause  is  neces- 
sarily on  the  calendar,  ten  dollars. 

§  1277.  Where  an  application  is  made  t6  a  Court  or  a  referee  piv,  n  ,  r  " 
to  adjourn  a  trial,  the  payment  to  the  adverse  party  of  a  sum 
not  exceeding  five  dollars,  besides  the  fees  of  his  witnesses,  and 
other" taxable  disbursements,  already  made  or  incurred,  which 
are  rendered  ineffectual  by  the  adjournment,  may  be  required,  i?it1,iunient of 
a-  a  condition  of  granting  the  adjournment . 

§  1278.  The  clerk  of  said  court  shall  collect  and  receive  a  coui]f  isi?:451' 
stenographer's  feo  of  one  dollar  and  fifty  cents  for  each  and  ^SSS^S" 
even'  trial  had  in  said  court.  of.hycwk. 


Costs  \i\vm  n-l 


Title  0. — The  District  Courts. 

£  127l».  The  city  of  New  York  is  divided  into  ten  judicial  dis-  isor,ch.3n.  }i. 
tricts.  in  which  there  shall  continue  courts  denominated  district  t^Th^  *i 
courts  of  the  first,  second,  third,  fourth,  fifth,  sixth,  seventh,  ^:^f; 

'  '  ill   Ten  districts. 

eighth,  ninth,  and  tenth  districts  of  that  city  respectively.  They  Co.  Civ.  Proc. 
are  courts  not  of  record. 

§  1280.  The  said  districts  are  as  follows:  i85T,Ch.3+i. 

1.  The  first  district  embraces  the  first,  second,  third,  fifth,  ^cHS** 

l     •  "l  II         '    1  12.  Comp.  13V). 

and  eighth  wards.  isso.ch.  i*.',  si. 

2.  The  second  district  embraces  the  fourth,  sixth,  and  four-  f0'cl[i^s 
teenth  wards.  is*>.  «*•  !»■ 

3.  The  third  district  embraces  the  ninth  and  fifteenth  wards. 
i.  The  fourth  district  embraces  the  tenth  and  seventeenth 

wards. 

5.  The  fifth  district  embraces  the  seventh,  eleventh,  and  thir- 
teenth wards. 

f>.  The  sixth  district  embraces  the  eighteenth  and  twenty-first 
wards. 

•  7.  The  seventh  district  embraces  the  nineteenth  and  twenty-  lea.ch.  arr, $a! 
second  wards. 


462 


.jrjMSDMTKiN  or  J>IST1£I<  T  COl'IlTS. 


1809,  oh,  3;  7. 
Ml.  2, 
Conip.1319. 

1873,  ch.  313,  $5. 
1974,  Ch.  329,  IB, 
Comp.  1317. 
1851,  ch.  514.  $7. 
Comp.  1329. 
Klcctlon  niwl 
term  of  ofllce 
of  Justices. 
07  N.  Y.  521. 


IHT,2,  eh.M|l. 
Comp.  1329. 
Vncancles,  how 
to  bo  filled. 
1819,  ch.  28. 


1*57,  ch.  311,  §5, 
Comp.  1332. 
Just  ices  must 
be  counselors. 


1875,  ch.  480,  p, 
Comp.  1358. 
District  court 
Justices, 
snlnrv  of. 


Co.  Civ.  Proc. 
|>38fil. 


Jurisdiction. 
Co.  Civ.  I'roc. 
§2862. 


General  civil 
iurisdietiou. 


8.  The  eighth  district  embraces  the  sixteenth  and  twentieth 
wards. 

;».  The  ninth  district  embraces  the  twelfth  ward.  . 
10.  The  tenth  district  emhraces  tlie  twenty-third  and  twenty- 
fourth  wards. 

?;  1281.  There  shall  he  elected  at  t\m  general  election,  to  he 
held  on  the  first  Tuesday  after  the  first  Monday  of  November, 
eighteen  hundred  and  eighty-seven,  and  once  m  every  six  years 
thereafter,  by  the  electors  of  each  of  said  districts,  except  the 
tenth,  and  in  the  tenth  district  on  the  first  Tuesday  after  the 
first  Monday  of  Novemher,  eighteen  hundred  and  eighty-live, 
and  once  in  every  six  years  thereafter,  a  justice  to  hold  the  court 
therein.  Such  justice  shall  enter  upon  the  performance  of  his 
duties  on  the  first  day  of  January  succeeding  his  election,  and 
his  term  of  office  shall  be  for  six  years.  Vacancies  occurring  in 
the  office  of  justfce  shall  he  filled  at  the  then  next  ensuing  elec- 
tion in  the  city,  for  the  unexpired  term,  commencing  on  the 
first  day  of  January  next  after  said  election.  On  the  occur- 
rence of  a  vacancy,  the  governor  shall  appoint  a  suitable  person 
to  hold  until  the  first  day  of  January  succeeding  such  election. 

§  1282.  The  justices  must  be  residents  of  the  city,  and  must 
be  at  the  time  of  their  election  or  appointment  of  the  degree  of 
counsellors  at  law  of  the  supreme  court  of  this  State. 

£  12S3.  The  justices  shall  each  receive  for  their  services  as 
such  justices  the  sum  of  six  thousand  dollars  per  annum,  which 
sum  shall  be  paid  by  the  proper  officers  of  said  city  in  equal 
monthly  installments. 

1284.  District  courts  and  justices  have  such  jurisdiction  in 
civil  actions  and  special  proceedings  as  is  specially  conferred 
upon  them  by  statute,  and  no  other. 

§  1285.  Except  as  otherwise  prescribed  in  the  next  section, 
such  courts  have  jurisdiction  of  the  following  civil  actions  : 

1.  An  action  to  recover  damages  upon  or  for  breach  of  a 
contract,  expressed  or  implied,  other  than  a  promise  to  marry, 
■where  the  sum  claimed  does  not  exceed  two  hundred  and  fifty 
dollars. 

2.  An  action  to  recover  damages  for  a  personal  injury,  or  an 
injury  to  property,  where  the  sum  claimed  does  not  exceed  two 
hundred  and  fifty  dollars. 

3.  An  action  upon  a  bond  conditioned  for  the  payment  of 
money,  where  the  sum  claimed  to  be  due  does  not  exceed  two 
hundred  and  fifty  dollars  ;  the  judgment  to  be  rendered  for  the 
sum  actually  due.  Where  the  sum  secured  by  the  bond  is  to  be 
paid  in  installments,  an  action  may  be  brought  for  each  install- 
ment, as  it  becomes  due. 

4.  An  action  upon  a  surety  bond,  taken,  by  any  justice  of  the 
peace. 


JURISDICTION  OF  DISTRICT  COl' UTS. 


4f,;; 


.\  An  action  upon  a  judgment  rendered  m  a  court  of  a  justice 
of  the  peace,  or  in  a  district  court  of  the  city  of  New  York,  or 
in  a  justice's  court  of  a  city,  being  a  court  not  of  record. 

6.  An  action  to  tecover  one  or  more  chattels,  with  or  without 
damages  for  the  taking,  withholding,  or  detention  thereof, 
where  the  value  of  the  chattel,  or  of  all  the  chattels,  as  stated 
in  the  affidavit  made  on  the  part  of  the  plaintiff,  does  not  exceed 
two  hundred  and  fifty  dollars. 

7.  An  action  to  recover  a  penalty,  given  by  the  charter  of  the  Pro° 
city,  or  any  by-law  or  ordinance  of  the  common  council  of  the 

city,  or  to  recover  a  penalty  given  by  a  statute  of  the  State; 
where  all  the  penalties,  to  recover  which  the  action  is  brought, 
do  not  exceed  two  hundred  and  fifty  dollars.* 

8.  An  action  in  behalf  of  the  people  of  the  State,  brought 
by  the  direction  of  the  commissioners  of  public  charities  and 
correction,  or  of  an  overseer  of  the  poor,  upon  a  bastardy  or 
abandonment  bond,  in  a  case  where  it  is  prescribed  by  a  special 
statutory  provision  that  such  an  action  can  be  maintained  in  a 
district  court. 

9.  An  action  upon  the  bond  of  a  marshal  of  the  city,  in  a  cemphwt^'' 
case  where  a  justice  of  the  court  of  common  pleas  orders  it  to  be 
brought  therein. 

10.  An  action  to  foreclose  a  lien  upon  a  chattel,  for  a  sum  of  pSaP'  1Y '"" 
money,  in  any  case  where  such  a  lien  exists  at.  the  commence- 
ment of  the  action,  where  the  amount  of  the  lien  does  not 
exceed  the  sum  of  two  hundred  and  fifty  dollars. 

11.  An  action  to  recover  any  penalty  given  by  chapter  five  197!,  c,i;,r4- >"n 
hundred  and  thirty-four  of  the  laws  of  eighteen  hundred  and 
seventy-nine,  entitled  ';an  act  for  the  preservation  of  moose, 

wild  deer,  birds,  fish,  and  other  game,"'  or  by  any  amendment 
thereof,  where  the  offense  was  committed  in  said  city  or  in  an 
adjoining  county,  and  the  amount  claimed  does  not  exceed  two 
hundred  and  fifty  dollars.  l-u.chfoji. 

12.  An  action  upon  a  surety  bond  taken  in  said  court.  r?^%*i'oV' 

13.  The  jurisdiction  of  these  courts  extends  to  actions  against 
a  domestic  corporation,  or  against  a  foreign  corporation  having 
an  office  in  the  city,  where  the  sum  claimed  or  the  value  of  the 
chattel,  or  of  all  the  chattels,  as  stated  in  the  complaint,  does 
not  exceed  two  hundred  and  fifty  dollars. 

Neither  of  those  courts  has  jurisdiction  of  any  civil  action, 
except  as  prescribed  in  this  title. 

§  12S6.  Such  courts  cannot  take  cognizance  of  a  civil  action       iv- Proc- 
in  either  of  the  following  cases:  No  jurisdiction 

.  .  in  certain  cases. 

1.  \\  here  the  title  to  real  property. conies  in  question,  as  pre- 
scribed in  title  third  of  chnpter  nineteen  of  the  code  of  civil  pro- 
cedure. 


.JURISDICTION"  OK  DISTRICT  COURTS. 


L\  Where  the  action  is  to  recover  damages  for  an  av-au!t, 
Itattery,  false  imprisonment,  libel,  slander,  criminal  coawwtB 
fcion,  seduction,  or  malicious  prosecution. 

8.  Where  the  action  is  brought  against  an  executor  or  ad- 
ministrator, as  such. 
c&mftwf.12'       4-  Where  the  action  is  brought  by  any  seaman  or  mariner, 
Certain  actions.  0r  other  person  belonging  to  any  ship  or  vessel  against  the 

1  K.  I).  S.  318. 

1818, cb.«, |i08,  owner  or  owners,  master  or  commander  of  any  such  ship  or 
omp.  i»».  vessel,  for  or  by  reason  of  the  non-performance  or  breach  of 
any  agreement  or  contract  made  by  such  seaman  or  mariner,  or 
other  person,  with  the  said  owner  or  owners,  master  or  com- 
mander, for  services,  or  compensation  for  service,  on  board  of 
any  ship  or  vessel,  during  any  voyage  performed,  or  in  part 
performed,  by  such  ship  or  vessel. 

couip.  iaso.' 4 '  5.  Where  the  action  is  against  the  mayor,  aldermen,  and 
commonalty  of  the  city  of  New  York. 

s^io.  $5  128Y.  In  an  action,  specified  in  subdivisions  one  to  seven, 

inclusive,  and  subdivision  ten  of  the  last  section  but  one,  where 
the  damages  claimed,  or  the  value  of  the  chattel,  or  of  all  the 
chattels  claimed,  as  stated  in  the  complaint,  exceeds  one  hun- 
dred dollars,  the  defendant  may,  after  issue  is  joined,  and  before 

Sd'Ls  an  adjournment  has  been  granted  upon  his  application,  apply  to 

totocommon    t)l0  justk.e  of  the  court  in  which  the  action  is  brought  for  an 

order  removing  the  action  into  the  court  of  common  pleas. 
Such  an  order  must  be  granted  upon  the  defendant's  filing  with 
the  clerk  an  undertaking,  in  a  sum  fixed  by  the  justice,  not  ex- 
ceeding twice  the  amount  of  the  damages  claimed,  or  twice  the 
value  of  the  chattel,  or  of  all  the  chattels  claimed,  as  stated  in 
the  complaint,  with  one  or  more  sureties,  to  the  effect  that  the 
defendant  will  pay  to  the  plaintiff  the  amount  of  any  judgment 
that  may  be  recovered  against  him  in  the  court  of  common 
pleas  in  the  action  so  removed.  From  the  time  of  the  granting 
of  the  order,  the  court  of  common  pleas  has  cognizance  of  the 
action;  and  the  clerk  of  the  district  court  must  forthwith  de- 
liver to  the  clerk  of  the  court  of  common  pleas  all  process, 
pleadings,  and  other  papers  in  the  action,  and  certified  copies  of 
all  minutes,  entries,  and  orders  relating  thereto,  which  must  be 
filed,  entered,  or  recorded,  as  the  case  requires,  in  the  latter's 
office. 

s^'com^TsBs.  §  1288.  Said  courts  shall  continue  to  exercise  the  jurisdiction 
and  powers  vested  in  them  by  law  on  September  first,  eighteen 
hundred  and  seventy-seven,  according  to  the  course  and  practice 
of  the  court,  except  as  otherwise  prescribed  by  the  code  of  civil 
procedure,  or  acts  passed  subsequent  to  said  act. 

as^amendid  §4-       §  1289.  An  action  or  proceeding  of  which  the.se  courts  have 

d^msm".*28'  jurisdiction  must  be  brought: 


w         distimi  t  coikts  to  hk  held. 


1.  In  a  omit  hold  in  a  district  in  which  cither  the  plaintiff  or  ht w  to 
defendant,  OP  ono  of  the  plaint  ill's  or  one  of  the  defendants  re-  >/^vm> .  4i«; 
sidos,  unless  all  the  plaintiffs  or  all  the  defendants  reside  out  of 

the  city  of  New  York,  in  w  hich  case  the  action  or  jnoceeding 
may  he  brought  in  either  of  the  said  districts.  If  the  justice  he 
either  a  party  to  the  action  or  proceeding,  or  a  necessary  witness 
therein,  or  otherwise  disqualified  from  trying  the  same,  or  there 
he  a  vacancy  in  the  office  of  justice  in  that  district,  it  may  be 
commenced  in  any  district  except  the  one  in  which  said  justice 
holds  the  ci nut . 

2.  If  the  defendants  lie  a  corporation  created  by  law,  in  a  court 
held  in  the  district  in  which  the  plaintiff,  or  either  of  them,  re- 
sides, or  in  which  it  transacts  its  general  business,  or  keeps  an 
office,  or  has  an  agency  established  for  the  transaction  of  busi- 
ness, or  is  established  by  law,  except  the  corporation  of  the  city 
of  New  York,  which,  except  as  in  the  next  section  provided,  may 
sue  in  either  of  said  district-. 

3.  By  plaintiffs  not  residing  in  the  city  and  county  of  New  ^r^a'li"n 
York,  in  the  district  in  which  the  defendant,  or  one  of  the  de-  gnJSy'aai 
fondants  resides,  and  against  a  defendant  or  defendants  not  re- 
siding in  said  city  and  county,  in  the  district  in  which  the  plain- 

tiff,  or  one  of  the  plaintiffs  resides;  but  where  all  the  parties  re- 
side out  of  said  city  and  county,  the  action  may  be  brought  in  ^p'^*88 
any  district.   No  person  who  shall  have  a  place  of  business  in 
the  city  shall  be  deemed  a  non-resident  under  the  provisions  of 
this  title. 

£  1290.  All  actions  brought  or  commemenced  by  or  on  behalf  comp.hi353'.*1- 
of  the  mayor,  aldermen,  and  commonalty  to  recover  a  penalty  Actions  for 

,  '  .  ■*  penalties. 

or  fine  for  a  violation  of  any  corporation  ordinance,  where  the 
amount  of  such  penalty  or  tine  shall  not  exceed  the  sum  of  two 
hundred  and  fifty  dollars,  must  be  brought  in  a  district  court, 
held  in  a  judicial  district  in  which  the  violation  of  such  corpora- 
tion ordinance  happened  or  occurred,  and  the  justice  of  the  same 
judicial  district  may  direct  any  of  the  city  marshals  to  collect 
the  payment  and  make  return  in  the  same  manner  as  now  pro- 
vided by  law. 

§1291.  Those  courts  must  be  held  at  the  places  in  their  re-  c5mphi3^'s'' 
spective  districts  now  or  hereafter  appointed  by  the  common  Comp.  llE'  **' 
council,  and  provided  in  accordance  with  law.  But,  in  the  first  andwherebheli 
district  the  courts  shall  bo  held  therein,  or  may  be  held  in  such  ]!<7r  cb,,5'-s' 

Conip.  Illy. 

rooms  as  may  be  provided  therefor  by  said  corporation,  in  the 
park  of  said  city.  The  court  in  the  third  judicial  district  shall 
be  held  on  the  secoud  floor  of  the  building  known  as  the  court- 
house in  the  third  judicial  district.  The  court  in  the  eighth  dis- 
trict shall  be  hold  at  such  suitable  place  within  said  district  as  i*».cIi.sm.i8. 
the  comptroller  shall  procure  or  cause  to  be  procured,  and  a* 


tea 


WIIKKK  OJSTKK  1   <  Ol.  KTS  TO  BE  HELD. 


shall  be  provided  in  accordance  with  law.    Said  courts  shall  be 
held  at  such  hours  in  every  judicial  day,  or  as  often  as  the  re- 
spective justices  may  direct,  and  must  continue  in  mmon  as 
long  as  the  public  interest  requires. 
(VN.p'Vt:!;1  10       §  1292.  The  justice  elected  in  each  district  mast  hold  the  court 
Justic^"0" of    therein,  or  if  his  office  be  vacant,  or  if  he  be  absent  from  the 
i  k"i>. k        usual  place  of  holding  his  court,  or  unable  from  illness  to  hold 
the  same,  it  may  be  held  by  a  justice  elected  in  another  district, 
and  whenever  the  justice  fails  to  attend,  the  clerk  may  adjourn 
couip.hi33i' *43,  in  the  same  manner  as  the  justice  might  have  done.    K  at  any 
inmstermi!      time  before  tin-  trial  has  actually  commenced,  it  shall  appear  to 
the  Satisfaction  of  the  justice  that  he  is  a  necessary  witness  on 
the  trial  of  the  cause,  or  is  disqualified  to  try  the  same,  he 
shall,  by  an  Older  entered  in  the  cause,  order  the  papers  in  the 
same  to  be  transferred  to  a  district  court  for  an  adjoining  dis- 
trict, and  the  latter  court  shall  then  have  jurisdiction  to  hear 
and  try  tin-  same 

c«£pbi3& *  *  §  1293..  These  courts  haw  official  seals  furnished  at  the  ex- 
pense of  the  city,  on  which  are  engraved  the  arms  of  the  State 
<>f  New  Fork,  and  the  words  li  first  district  court :'  (or  whatever 
district  it  may  be),  "  New  York  city;"  but  nothing  herein  con- 
tained shall  authorize  such  courts  to  issue  certificates  of  nat- 
3  uralization. 
Actionscon  §  1294.  Parties  in  these  courts  may  prosecute  or  defend  in 

partes, agefita  person,  or  by  agent  or  attorney,  except  that  the  marshal  who 
ur m  om.-j s.     served  the  summons,  order  of  arrest,  warrant  of  attachment,  or 
jury  process  cannot  appear  and  act  on  the  trial  in  behalf  of 
either  party. 

AppoLtu.ent  §  1295-  ^  h<  n  a  guardian  is  necessary  he  must  be  appointed 
«.  Vardim..     j  .  the  -j uistioo  as  follows: 

3  E.  D.  S.  5CT.         *  J  .  .... 

L,  If  the  infant  be  plaintiff,  the  appointment  must  be  made 
before  the  summons  is  issued,  upon  the  application  of  the  in- 
fant, if  he  be  of  the  age  of  fourteen  years  or  upwards;  if  under 
that  age,  upon  the  application  of  some  relative  or  friend.  The 
consent,  in  writing,  of  the  guardian  to  be  appointed,  and  to  be 
responsible  for  costs  if  he  fail  in  the  action,  must  lie  first  filed 
with  the  clerk  of  the  court. 

2.  If  the  infant  be  defendant,  the  guardian  must  be  ap- 
pointed at  the  time  the  summons  is  returned  personally  served, 
or  before  the  pleadings.  It  is  the  light  of  the  infant  to  nomi- 
nate his  own  guardian,  if  the  infant  be  over  fourteen  years  of 
age,  and  the  proposed  guardian  be  present,  and  consent  in  wri- 
ting to  be  appointed,  otherwise  the  justice  may  appoint  any 
suitable  person  who  gives  such  consent, 
gam/' Pr<x  §  1296.  An  action  brought  in  either  of  these  courts  must  be 
commenced  by  the  voluntary  appearance  of,  and  joinder  of  issue 
by  the  parties,  or  by  the  service  of  a  summons. 


SUMMONS  IN  DISTRICT  COL'KTs. 


46V 


^  1l".)7.  The  summons  must  be  addressed  to  the  defendant  by  Aciiontoi*. 

v  ,    commenced  by 

name,  Or,  if  niS  nam  '  he  unkimwn,  liv  a   fictitious  name,  ami  *•■"■■■•«  <>t 

summons. 


must  summon  him  to  appear  before  the  justice  in  the  court  at  iwr,  oh. «< 
the  court  room  thereof,  ami  al  the  time  specified  theroin,  to  an-  ip, ci>.  mo,  $1, 
swer  the  complaint  of  the  plaintiff,  and  must  state  the  amount  form  of  man 


IUOIIS 


for  which  the  plaintiff  will  make  judgment,  if  the  defendant 
fail  to  appear  and  answer;  it  must  ho  subscribed  by  the  clerk  of 
the  court  out  of  which  the  same  issued,  or  by  his  deputy  in  the 
name  of  such  clerk,  excepting  that  in  actions  brought  by  the 
corporation  attorney  of  the  city  as  such  attorney  the  summons 
may  be  issued  by  him  in  his  own  name  as  such  attorney,  and  in 
such  actions  7\e  shall  not.be  required  to  pay  to  the  clerk  of  the 
court  the  fees  in  the  action,  but  shall  account  therefor  to  the 
city  treasury. 

§  1298.  The  time  mentioned  in  the  summons  for  the  appear-  j^'Mwnded 
ance  of  the  defendant  and  the  time  of  service  must  be  as  fol-  ■»»•»•■»• 
lows: 

1.  When  the  defendants  or  either  of  several  defendants  is  Returnoi 

summon*. 

not  a  resident  of  the  City,  the  simu nous  shall  be  returnable  in 
not  less  than  two  m»r  more  than  four  days  from  its  date.  Such 
summons  shall  be  served  at  least  two  days  before  the  day  for 
appearance  mentioned  therein.  When  the  plaintiff  or  either  of 
several  plaintiffs  is  not  a  resident  of  the  city,  the  summons  may 
be  returnable  as  above  provided,  and  if  so  returnable,  it  shall  be 
governed  by  the  above  rule  of  service. 

9.  In  all  other  cases  it  must  be  returnable  not  more  than 
twelve  days  from  its  date,  and,  except  in  the  cases  provided  for 
in  section  thirteen  hundred  and  seven  of  this  act,  must  be  served 
at  least  six  days  before  the  time  of  appearance. 

§  12!»(».  When*  the  plaintiff  does  not  reside  in  the  city,  and  18W» <*-*«i*». 

1  .  *  »  '  as  amended 

has  no  place  of  business  or  of  stated  employment  therein,  or  co^^sH;*81' 
when  the  above  is  true  of  all  the  plaintiffs,  before  the  issuing  when  under 
of  the  short  summons  as  provided  in  the  last  section,  there  shall  aSS8*0 
be  filed  with  the  clerk  of  the  court  a  written  undertaking,  execu- 
ted by  one  or  more  sureties,  to  the  effect  that  if  the  defendant 
recover  judgment  such  surety  or  sureties  will  pay  all  costs  that 
may  be  awarded  to  defendant,  not  exceeding  one  hundred  dol- 
lars ;  if  the  defendant  shall  recover  judgment  in  such  case  and 
the  execution  t hereon  be  returned  unsatisfied,  in  whole  or  in 
part,  the  clerk  shall  deliver  to  the  defendant  such  undertaking 
to  be  prosecuted  according  to  law. 

§  1300.  The  summons  must  be  served  as  follows  :  cn.3w.sn. 

.  Conip.  1333. 

1.  If  an  action  be  against  a  corporation,  by  delivery  of  a  copy  summons,  how 
to  the  president  or  other  head  of  the  corporation,  or  to  the  secre- 
tary, cashier,  or  managing  agent  thereof,  or  when  no  such  of- 
ficer resides  in  the  city,  to  a  director  resident  therein. 


served. 


SERVICE  OF  SUMMONS. 


2.  If  against  a  minor  under  the  age  of  fourteen  years  by  de 
livery  of  a  copy  to  such  minor,  and  also  to  Ids  father,  mother, 
or  guardian,  or  if  they  he  not  within  the  city,  then  to  any  per- 
son having  the  care  or  control  of  such  minor,  <>r  with  whom  he 
resides,  or  in  whose  .service  he  is. 

3.  If  against  a  person  judicially  declared  to  be  of  unsound 
mind,  or  incapable  of  conducting  his  own  affairs,  inconsequence 
of  habitual  drunkenness,  or  for  any  other  cause,  and  for  whom 
a  committee  has  been  appointed,  by  delivery  of  a  copy  to  such 
committee,  and  to  the  defendant  personally. 

4.  In  all  other  cases  to  the  defendant  personally,  except  as  in 
tin's  title  otherwise  specially  provided. 

co^civ.  ivoc        g  1301   The  summons,  and,  in  a  proper  case,  a  copy  of  the 
complaint,  or  a  precept  in  .summary  proceedings,  may  be  served 
by  any  person  not  a  party  to  the  action  ;  except  that  a  person, 
other  than  a  marshal,  serving  the  same,  must  be  fust  empow- 
ered to  do  mi,  either  by  the  justice  or  in  actions  brought  by  the 
attorney  t<>  t lie  corporation,  on  behalf  of  the  city,  by  said  attor- 
oMvnDimroof   ney,  as  now  pi  escribed  bylaw.    Proof  of  service  thereof,  by 
such  a  person,  must  be  made  by  his  affidavit ;  which  must  state 
the  particular  place,  time,  and  manner  of  service,  and  that  the 
affiant  knew  the  person  so  served  to  be  the  person  mentioned 
and  described  in  the  summons  as  defendant  therein. 
S^cfeukfli!      §  1302.  Every  warrant  of  attachment  or  other  process  is - 
s°"cVnv.      sued  by  or  out  of  any  said  district  courts,  or  by  any  justice  or 
iwes«.*Iy     clerk  thereof  shall,  except  as  hereinbefore  provided,  be  served 
iSFtZTt,  and  executed  by  a  marshal  of  said  citv. 

1867,  cta.8i4,  •  •> 

Comp.1888.  ^  1303.  The  summons,  orders  of  arrest,  and  attachments  is- 

onitrs.jt unvst  sued  out  of  these  courts  shall  not  be  served  out  of  the  city  and 

ments.  county  of  New  York.    The  action  shall  be  deemed  commenced 

See  18C6,  cli.ij**.  "  . 

at  the  tune  the  summons  is  actually  delivered  for  service.  If 
the  marshal  or  other  person  having  the  summons  to  serve  can- 
not find  the  defendant*  so  as  to  serve  him  therewith  as  required 
by  this  title,  he  must  so  return,  and  the  clerk  shall,  at  the  re- 
quest of  the  plaintiff,  continue  from  time  to  time  to  issue  others, 
until  the  defendant  is  served. 
&%$wtm'  §  1304.  An  order  to  arrest  the  defendant  must  or  may  be 
^•jVlv  Vrnc    granted,  directed  to  any  marshal  of  said  city,  in  the  following 

Order  of  ficnc 

arret.  <ases. 

1.  In  an  action  for  the  recovery  of  damage's,  in  a  cause  of  ac- 
tion not  arising  on  contract,  when  the  defendant  is  not  a  resi- 
dent of  the  county,  or  is  about  to  remove  therefrom,  or  when 
the  action  is  for  a  willful  injury  to  person  or  property. 

2.  In  an  action  for  a  fine  or  penalty,  or  for  money  or  proper- 
ty einbezzled  or  wrongfully  misapplied  or  'converted  to  his  own 
use  by  a  public  officer,  or  an  officer  of  a  corporation,  or  an  attor- 


0RDEB8  OP  A  BREST  IN  DISTRICT  COURTS.  469 

ney,  factor,  broker,  agent,  or  clerk,  in  the  course  of  his  em- 
ployment as  such,  or  by  any  other  person  acting  in  a  fiduciary 
rapacity. 

Where  Uhe  defendant  has  been  guilty  of  a  fraud  in  contract-  •s" 
ing  the  debt,  or  incurring  the  obligation  for  which  the  action  is 
brought,  or  in  concealing  or  disposing  of  the  property!  for  the 
taking,  detention,  or   conversion  of    which  the  action 
brought. 

4.  When  the  defendant  has  removed,  concealed,  or  disposed 
of  his  property,  or  is  about  to  do  so.  with  inteft  to  defraud  his 
creditors. 

5.  "When  an  arrest  is  authorized  by  special  statute,  in  an 
action  for  a  fine  or  penalty,  or  for  a  willful   violation  of 

duty. 

ri.  When  the  action  is  for  the  recovery  of  a  fine  or  penalty 
under  the  ordinances  or  by-laws  of  the  corporation  of  the  city  of 
New  York;  but  no  female  can  be  arrested,  except  for  a  willful 
injury  to  person  or  property. 

g  1305.  Before  an  order  of  arrest  shall  issue,  the  party  apply-  aSm^vSk^1' 
Ing  must  prove  to  the  satisfaction  of  the  justice,  by  the  affidavit  jaw?*?**6, 
of  himself  or  some  other  person,  the  facts  on  which  the  applica-  CndertaHag 

*  '  .  4  *  on  Issuing 

fcion  is  founded,  and  the  amount  of  his  debt  or  claim  over  all  ori*"f»mM 
payments  and  set-offs.  The  plaintiff  must  also  execute  and  de- 
liver to  the  clerk  of  the  court  a  written  undertaking,  approved 
by  the  justice,  with  such  approval  indorsed  thereon,  with  or 
without  sureties,  to  the  effect  that  if  the  defendant  recover 
judgment,  the  plaintiff  will  pay  to  him  all  costs  and  extra  costs 
that  may  be  awarded  to  the  defendant,  and  all  damages  which 
he  may  sustain  by  reason  of  flie  arrest,  not  exceeding  the  sum 
specified  in  the  undertaking,  which  must  be  double  the  amount 
claimed;  if  the  undertaking  be  executed  by  the  plaintiff  without 
security,  he  must  annex  thereto  an  affidavit  that  he  is  a  resident 
and  householder  in  the  citv  of  New  York,  specifying  the  street  oo.<*r. m*. 
and  number  or  other  sufficient  identification  of  the  building 
where  he  resides,  and  worth  double  the  sum  specified  in  the  un- 
dertaking, as  well  over  and  above  all  his  debts  and  liabilities,  as 
of  his  property  exempt  by  law  from  execution;  but  the  proof  oan^mt 
and  security  required  by  this  section  shall  not  be  necessary 
where  the  order  of  arrest  is  issued  for  the  violation  of  a  by-law 
or  ordinance  of  the  corporation  of  the  city  of  New  York,  or  for 
the  recovery  of  a  penalty  or  a  forfeiture  under  the  statutes  of 
this  state  where  the  corporation  of  the  city  of  New  York  or  any 
department  of  the  government  of  said  city  authorized  by  statute 
to  maintain  an  action  or  of  the  people  of  the  State  of  New  York 
are  plaintiffs. 


470 


ORDERS  Ol'  ARRKST  IN  DISTRICT  COURTS. 


mo,  ch.BM,|89, 
Comp.  1351. 


IsHUe  of  war- 
rants  of  arrest 
Inactions  un- 
der game  law . 
Search 
warrants 


Co.  Civ  l'rrtc 
$3218. 

Proceedings 
thereupon. 


Co.  Civ.  Pfoc. 
J3179. 

Proceedings 
on  arrest. 


1857,  cli.314,  J 17, 
Comp.  1335. 
l*roceedings  in 
case  justice  is  a 
witness. 


130G.  Any  justice  of  a  district  court  upon  receiving  suffi- 
cient security  for  costs  on  the  part  of  the  complainant,  and  suf- 
ficient proof  by  affidavit  that  any  of  the  provision*  of  chapter 
five  hundred  and  thirty-four  of  the  laws  of  eighteen  hundred 
and  seventy-nine,  entitled  "an  act  for  the  preservation  of  moose, 
wild  deer,  birds,  fish,  and  other  game,"'  have  been  violated  by 
any  person  being  temporarily  within  its  jurisdiction,  but  not  re- 
siding there  permanently,  or  by  any  person  whose  name  and 
residence  are  unknown,  is  hereby  authorized  to  issue  his  war- 
rant for  the  arn  ^  <<(  Mich  offender,  and  to  cause  him  to  be  com- 
mitted or  held  to  bail  to  answer  the  charge  against  him;  and  any 
such  justice,  upon  receiving  proof  or  probable  cause  for  believ- 
ing in  the  concealment  of  any  game  or  fish  mentioned  in  said 
act,  and  taken  during  any  of  the  periods  prohibited,  and  upon 
the  complainants  giving  security,  to  be  approved  by  such  magis- 
trate, for  the  damage  which  the  defendant  in  the  case  may  sus- 
tain in  consequence  of  the  complaint,  provided  he  shall  be  found 
not  to  have  violated  the  law.  shall  issue  his  search  warrant,  and 
cause  search  to  be  made  in  any  house,  market,  boat,  <;  ar,  or 
other  building,  and  for  that  end  may  cause  any  apartment, 
chest,  box,  locker,  crate,  or  basket  to  be  broken  open  and  (She 
contents  examined. 

§  1307.  An  order  of  arrest  must  direct  that  the  summons 
accompanying  it  be  made  returnable  immediately  upon  the 
arrest  of  the  defendant,  and  it  must  specify  a  sum  in  which  the 
defendant  may  be  let  to  bail. 

§  1308.  The  marshal,  upon  arresting  the  defendant,  by  vir- 
tue of  such  an  order,  must,  at  the  same  time,  serve  upon  him 
the  summons,  and  also  a  copy  of  the  order  of  arrest,  and  of  the 
papers  upon  which  it  was  granted.  He  must  forthwith  bring 
the  defendant  before  the  court,  if  the  court  is  then  in  session; 
otherwise,  unless  bail  is  given,  as  prescribed  in  section  thirteen 
hundred  and  eleven,  he  mast  take  the  defendant  to  the  jail  of 
the  city  and  county  of  New  York  for  the  confinement  of  prison- 
ers in  civil  causes.  The  keeper  thereof  must  confine  the  defend- 
ant therein.  On  the  next  day  thereafter,  when  the  court  is  in 
session,  the  marshal  must  take  the  defendant  from  the  jail,  and 
bring  him  before  the  court. 

§  1309.  If  it  be  made  to  appear  to  the  satisfaction  of  the  jus- 
tice by  the  affidavit  of  the  defendant  that  the  justice  is  a  mate- 
rial witness  in  the  action,  the  marshal  must  immediately  take 
the  defendant  before  the  justice  of  the  next  district  court,  who 
must  take  cognizance  of  the  action,  and  proceed  therein  the 
same  as  if  the  order  of  arrest  had  been  issued  out  of  the  latter 
court. 


ORDERS  OF    LRREST  IN  UISTKliT  Col  UTS. 


171 


(  iv  (  iv.  I'r.xr 

S31H0. 

Hail  or 

de  posit  licfi.U 

return 


Co.  Civ.  Proa 


i  i:Un.  The  marshal  making  the  arrest   must   immediately  m.  ,i- 

o  °  ,  ,   Coinp.  1333. 

give  notice  thereof  to  the  plaint  ill",  and  indorse  on  the  order  of  puintlffnotl 

arrest,  and  subscribe  a  certificate,  stating  the  time  of  serving 
the  same,  and  of  his  gi\  ing  notice  to  the  plaintiff. 

§  1311.  The  defendant  may  give  hail,  by  delivering  to  the 
marshal  a  written  undertaking  to  the  plaintiff,  in  the  sum  speci- 
fied in  the  order  of  arrest,  executed  hy  one  or  more  sureties,  to 
the  effect  that  the  defendant  will  attend  ia  person  at  the  open- 
ing of  the  court,  on  the  next  day  thereafter  when  it  is  there  in 
session,  or  he  may  deposit  with  the  marshal  the  sum  specified  in 
the  order  of  arrest,  [neither  case  the  marshal  must  forthwith 
release  him  from  custody. 

^  1312.  Where  hail  is  given,  as  prescrihed  in  the  last  section,  iZ'": 
a  o        j      tr  4    »  The  nme, 

the  officer  taking  the  acknowledgment  of  the  undertaking 
must,  if  the  marshal  so  requires,  examine  under  oath,  to  a  rea- 
sonable  extent,  the  persons  offering  to  become  bail,  concerning 
their  property  and  their  circumstances.  The  defendant  may 
give  bail,  or  make  the  deposit,  immediately  upon  his  arrest,  at 
any  hour  of  the  day  or  night  ;  and  ho  must  have  reasonable  op- 
portunity to  seek  for  and  to  procure  bail,  before  being  commit- 
ted  to  jail.  Where  a  deposit  is  made,  the  money  deposited 
must,  before  the  expiration  of  the  next  day  thereafter,  not  being 
Sunday  or  a  public  holiday,  be  paid  by  the  marshal  into  court, 
by  paying  the  same  directly  to  the  chamberlain  to  the  credit  of 
the  cause. 

§  1313.  At  any  time  after  the  return  of  the  marshal,  and  be-  $hV'v  ftBe 
fore  final  judgment,  the  justice  may  .admit  a  defendant  in  cus- 
tody to  bail,  or  allow  him  to  make  a  deposit ;  and  may  direct 
his  release,  upon  his  giving  bail  or  making  the  deposit  accord- 
ingly.   The  sum  to  be  deposited,  or  the  sum  specified  in  the  un-  5^3?^, 
dertaking  of  the  bail,  must  be  fixed,  and  the  sureties  in  the  un-  r",ur"- 
dertaking  must  be  approved,  by  the  justice  ;  who  must  bo  satis- 
fied, by  their  examination,  or  by  other  proof,  respecting  their 
sufficiency.    The  undertaking  must  be  to  the  effect  that  the  de- 
fendant will,  at  all  times,  render  himself  amenable  to  any  man- 
date which  may  be  issued,  to  enforce  a  final  judgment  against 
him  in  the  action. 

§1314.  Unless  bail  is  given,  or  a  deposit  is  made,  as  pre-  Sgg£lv,Proc- 
scribed  m  the  last  three  sections,  the  defendant  must  remain  in  w.;  when  and 

.   .,  .  *  mi  ■»'        p  i  •,  r>      i    •     n  «      now  defendant 

the  jail  hy  virtue  of  the  order  of  arrest,  until  final  judgment  in  to  remain  in 
the  action  ;  and  if  the  judgment  is  against  the  defendant,  until 
the  return  of  an  execution  against  property,  issued  thereupon. 
But  the  court  must  direct  him  to  be  brought  into  court, 
at  the  time  of  the  trial  ;  and  it  may,  in  its  discretion,  direct 
him  to  be  brought  into  court  at  any  other  time.  In  either  case 
he  must  be  taken  from  the  jail,  and  brought  into  court  accord- 
ingly. 


472  ATTACHMENTS  IX  0ISTKKT  COURTS. 

(tonro?iwfe,W'  ^  lolo.  The  marshal  making  the  arrest,  or  another  marshal, 
Duty  of  hy  direction  of  the  justice,  must  keep  the  defendant  in  custody, 
unless  he  shall  give  the  security  for  his  appearance,  or  until  he 
is  duly  discharged  hy  order  of  court  ;  hut  in  no  case  can  such 
detention  exceed  forty-eight  hours  from  the  time  of  his  first  be- 
ing  brought  before  the  justice,  unless  within  that  time  the  trial 
of  the  action  be  commenced,  or  unless  it  he  delayed  at  the  n 
quest  of  the  defendant*,  or  in  consequence  of  his  demand  of  a 
jury  trial.  If  the  trial  of  the  action  he  delayed  at  the  request 
of  the  defendant,  or  in  consequence  of  his  demanding  a  trial  by 
jury,  he  must,  unless  he  has  given  hail  or  made  a  deposit,  file 
with  the  court  the  undertaking  required  by  section  thirteen  hun- 
dred and  sixty-tlure  of  this  act,  before  such  delay  is  granted  to 
him. 

fvoiv. itoc.        §  i3io.  A  warrant  of  attachment  against  the  property  of  one 
warrm.u^VaT  or  morc  defendants  must  be  granted,  upon  the  application  of  the 
bemuto "m>   plaintiff,  as  hereinafter  prescribed,  where  the  action  is  brought 
upon  a  judgment,  or  to  recover  for  one  or  more  of  the  following 

causes : 

1 .  Breach  of  a  contract,  express  or  implied. 

2.  Wrongful  conversion  of  personal  property. 

3.  Any  other  injury  to  personal  property,  in  consequence  of 
negligence,  fraud,  or  other  misconduct. 

»»•  §  1317.  To  entitle  the  plaintiff  to  such  a  warrant,  he  must 

(shown  to  pro-    show,  by  affidavit,  to  the  satisfaction  of  the  justice  as  follows  : 

1.  That  a  suflicient  cause  of  action  exists  against  the  defend- 
ant, to  recover  damages  for  j3ne  or  more  of  the  causes  specified 
in  the  last  section.  If  the  action  is  upon  a  judgment,  or  to  re- 
cover for  breach  of  a  contract,  the  affidavit  must  show  that  the 
plaintiff  is  entitled  to  recover  a  sum  stated  therein,  over  and 
above  all  counterclaims  known  to  him. 

2.  That  the  defendant  is  either  a  foreign  corporation,  or  not 
a  resident  of  the  State;  or,  if  the  defendant  is  a  natural  person, 
and  a  resident  of  the  State,  that  he  has  departed,  or  is  about  to 
depart,  from  the  county  where  he  last  resided,  with  inteni  to  de- 
fraud his  creditors,  or  to.  avoid  the  service  of  a  summons,  or 
keeps  himself  concealed,  with  the  like  intent;  or  if  the  defendant 
is  a  natural  person,  or  a  domestic  corporation,  that  he  or  it  has 
removed,  or  is  about  to  remove,  property  from  the  county  where 
the  defendant,  being  a  natural  person,  last  resided,  or,  being  a 
corporation,  last  kept  its  principal  office,  or  from  the  county  in 
which  the  action  is  brought,  with  intent  to  defraud  his  or  its 
creditors,  or  has  assigned,  disposed  of,  or  secreted,  or  is  about  to 
assign,  dispose  of,  or  secrete,  property,  with  the  like  intent;  or 
that  the  defendant,  being  a  natural  person  of  full  age,  and  a  resi- 
dent of  the  State,  has  been  continuously  without  the  United 


cure  a  warrant 


VTTACHMKNTS  IN  DI.sTKRT  001  RTS. 


17: 


States  for  the  -pace  of  tax  mouths  or  more,  immediately  before 
the  application,  and  cither  that  he  has  not  made  a  designation 
of  a  person,  upon  whom  to  serve  a  summons  in  his  behalf,  as 
proscribed  in  section  four  hundred  and  thirty  of  the  Code  of 
Civil  Procedure,  or  that  service  upon  the  person  SO  designated 
cannot  he  made,  with  due  diligence,  in  the  county  where  Die 
person  making  the  designation  resides.  The  affidavit  must  1m? 
tiled  with  the  justice,  when  the  warrant  is  granted. 

^  1818.  The  warrant  must  he  granted  by  the  justice  at  the  Og^ciT. r*oo. 
time  when  the  summons  is  issued,  and  must  be  issued  by  the  poe^Jjuhi 
clerk;  and  it  must  he  indorsed  thereupon,  or  annexed  thereto,  wm-ram.  r-.m. 

'  1       '  t  an. I  content-) 

It  must  be  subscribed  by  the  justice,  and  must  briefly  recite  the 
ground  of  the  attachment.  It  must  require  the  marshal,  to 
whom  the  -8111111110113  is  delivered  to  attach,  on  or  before  a  day 
specified  therein,  which  must  be  at  least  six  days  before  the  re- 
turn day  of  the  summons,  and  safely  to  keep,  as  much  of  the 
defendant's  goods  and  chattels,  within  his  county,  as  will  satisfy 
the  plaintiff's  demand,  with  the  costs  and  expenses,  and  to  make 
return  of  his  proceedings  thereon  to  the  justice,  at  the  time  when 
the  summons  is  returnable.  The  amount  of  the  plaintiff's  de- 
mand must  be  specified  in  a  warrant,  as  stated  in  the  affidavit. 

j>  1819.  Before  granting  the  warrant,  the  justice  must  require  id.  s*o6. 
a  written  undertaking  to  the  defendant,  on  the  part  of  the  plain-  1  udertnk:">-' 
tiff,  with  one  or  more  sureties,  approved  by  the  justice,  to  the 
effect  that,  if  the  defendant  recovers  judgment,  or  the  warrant 
of  attachment  is  vacated,  the  plaintiff  will  pay  all  costs  which 
may  be  awarded  to  the  defendant,  and  all  damages  which  he 
may  sustain  by  reason  of  the  attachment,  not  exceeding  the  sum 
specified  in  the  undertaking,  which  must  be  at  least  twice  the 
amount  of  the  plaintiff's  demand,  as  stated  in  the  warrant;  and 
that  if  the  plaintiff  recovers  judgment,  he  will  pay  to  the  de-  Co. civ. Proe. 
fendant  all  money  received  by  him  from  property  taken  by  5 
virtue  of  the  warrant  of  attachment,  or  upon  any  bond  given 
therefor,  over  and  above  the  amount  of  the  judgment  and  inter- 
est thereupon. 

§  1320.  The  marshal  to  whom  the  warrant  of  attachment  is  Co.  civ.  proo. 
delivered,  must  execute  it  at  least  six  days  before  the  return  day  warrant,  i. .  .. 
of  the  summons,  by  levying  upon  and  taking  into  his  custody 
so  much  of  the  goods  and  chattels  of  the  defendant,  not  exempt 
from  levy  and  sale  by  virtue  of  an  execution,  including  money 
and  bank-notes,  which  he  finds  within  his  comity,  as  will 
satisfy  the  plaintiff's  demand,  with  the  costs  and  expenses.  He 
must  safely  keep  the  property  attached,  to  be  disposed  of  as 
prescribed  in  this  title,  and  must  immediately  make  an  inventory 
thereof,  stating  therein  the  estimated  value  of  each  item  or 
article. 


executed. 


17-1 


A TTACII.MK.VJ  S  IN  OISTKKT  COUKTtt. 


td,  s»io. 

Service  of  nun- 
moiiK  nnd  vrar- 
rant  imon 
defendant 


Undertaking  i>v 
defendant ;  re- 
delivery to  him 


id.  12911 
Claim  by  tliird 
person;  bond 
and  delivery 
thereupon. 


Id.  §2913. 
Action  upon 
bond 


§  1321.  The  marshal  must,  immediately  after  making  tin- 
inventory,  and  at  least  six  days  before  the  return  day  of 
the  summons,  serve  the  summons,  together  with  tho  warrant 
of  attachment  and  inventory,  upon  the  defendant,  by  delivering 
to  him  personally  a  copy. of  each,  if  he  can,  with  reasonable 
diligence,  be  found  within  the  county  ;  or,  if  he  cannot  be  so 
found,  by  leaving  a  copy  of  each,  certified  by  the  constable,  at 
the  lasl  place  of  residence  of  the  defendant  in  the  county,  with  a 
person  of  suitable  age  and  discretion  ;  or,  if  such  a  person  cannot 
be  found  there,  by  posting  il  on  the  outer  door,  and  also  deposit- 
ing another  copy  in  the  nearest  post-office,  inclosed  in  a  sealed 
post-paid  wrapper,  directed  to  the  defendant  at  his  residence  ; 
or,  if  the  defendant  has  no  place  of  residence  in  the  county,  by 
delivering  it  to  the  person  in  whose  possession  the  property 
attached  is  found. 

§  1322.  The  defendant,  or  his  attorney  or  agent  in  his  behalf, 
may,  at  any  time  before  judgment  is  rendered  in  the  action, 
execute  and  deliver  to  the  marshal  an  undertaking,  to  the 
plaintiff  in  a  sum  specified  therein,  at  least  twice  the  value 
of  the  property  attached,  as  stated  in  the  inventory,  with  one 
or  more  sureties,  approved  by  the  marshal  or  by  the  justice 
who  issued  the  warrant  ;  and  to  the  effect,  that  if  judgment 
is  rendered  .against  the  defendant  and  an  execution  is  issued 
thereupon,  within  six  months  after  the  giving  of  the  undertak- 
ing, the  property  attached  shall  be  produced  to  satisfy  the  execu- 
tion. Thereupon  the  marshal!  must  deliver  the  property  to  the 
defendant. 

§  1323.  If  a  person,  not  a  party  to  the  action,  claims  any 
property  attached,  which  is  not  reclaimed  by  the  defendant, 
as  prescribed  in  the  last  section,  he  may,  at  any  time  after  the 
seizure  and  before  execution  is  issued  upon  a  judgment  rendered 
in  the  action,  execute  and  file  with  the  clerk  a  bond  to  the 
plaintiff,  with  one  or  more  sureties,  approved  by  the  marshal  or 
by  the  justice,  in  a  penalty  at  least  twice  the  value  of  the 
property  claimed,  and  conditioned  that,  in  an  action  upon  the 
bond  to  be  commenced  within  three  months  thereafter,  the 
claimant  will  establish  that  he  was  the  general  owner  of  the 
property  claimed  at  the  time  of  the  seizure  ;  or,  if  he  fails  so  to 
do,  that  he  will  pay  to  the  plaintiff  the  value  thereof,  with 
interest.  The  marshal  must  thereupon  deliver  the  property 
claimed  to  the  claimant. 

§  1324.  A  judgment  for  the  plaintiff,  in  an  action  upon  a 
bond,  given  as  prescribed  in  the  last  section,  must  award  to 
him  the  value  of  the  property  seized  and  delivered  to  the 
claimant,  with  interest  thereupon  from  the  time  of  the  delivery. 
If  the  amount  so  recovered  exceeds  the  amount  which  the 


ATTACHMENTS  IN   DISTUKT  COl/KTS. 


17.-. 


plaintiff  recovers  in  fche  action  in  which  the  warrant  of  attach- 
ment was  issued,  he  is  liable  to  Hie  defendant  in  that  action  for 
the  excess. 

§  1325.  It'  the  warrant  of  attachment  is  vacated  or  annulled,  the  Vror 
defendant  may  maintain  an  action,  upon  the  hond  specified  in  wi..n .lefmd- 

v  71  *  nn t  nmy  pros** 

the  last  two-sections,  in  lus  own  name,  in  the  same  manner  and  '  »f  »">'■•  f 
with  the  like  effect  as  the  plaintiff  might  have  done  if  the  war- 
rant had  remained  in  full  force. 

'  1320.  The  marshal  executing   the  warrant  of  attachment  1,1  ; 

1  ...  ill       Hotum  or  war 

must,  at  the  time  when  and  place  where  it  is  returnable,  make  nu>< 
a  return  thereto,  under  his  hand,  stating  all  his  proceedings 
thereupon.  He  must  deliver  to  the  clerk,  with  the  return, 
each  hond  or  undertaking  delivered  to  him,  pursuant  to  any 
of  the  foregoing  provisions  of  this  article,  and  a  certified  copy 
of  the  inventory  of  the  property  attached.  The  return  must 
state  the  manner  in  which  the  warrant  and  inventory  were  served, 
and,  if  they  were  served  otherwise  than  by  delivering  a  copy 
thereof  to  the  defendant  personally,  the  reason  therefor,  arffl 
the  name  of  the  person  to  whom  the  copy  was  delivered, 
unless  his  name  is  unknown  to  the  marshal  ;  in  which  case  the 
return  must  describe  him  so  as  to  identify  him,  as  nearly  as 
may  be. 

§  1327.  A  defendant,  whose  property  has  been  attached,  mav,  1,1 

.  ,    '  11       '     ,       .  .      ..  /     Motion  to  vh 

upon  the  return  of  the  summons,  applv  to  the  -justice  who  cateormodirj 

,  -  i ,  »  warrant,  etc. 

granted  the  warrant  of  attachment  to  vacate  or  modify  it,  or  to 
increase  the  plaintiff's  security.  Such  an  application  may  be 
founded  upon  the  papers  upon  which  the  warrant  was  granted  ; 
or  upon  proof,  by  affidavit,  on  the  part  of  the  defendant,  or 
upon  both.  If  it  is  founded  upon  proof  on  the  part  of  the 
defendant,  it  may  be  opposed  by  new  proof,  by  affidavit,  upon 
the  part  of  the  plaintiff,  tending  to  sustain  any  ground  for  the 
attachment,  recited  in  the  warrant,  but  no  other.  The  justice 
may,  upon  the  return  of  the  summons,  or  at  any  other  time  to 
which  the  action  is  adjourned,  vacate  the  warrant  of  attachment 
upon  his  own  motion,  if  he  deems  the  papers  upon  which  it  was 
granted  insufficient  to  authorize  it. 

§  132S.  Vacating  the  warrant  of  attachment  does  not  affect  the 

u  °  trfect  of  va  'fti 

jurisdiction  of  the  justice  to  hear  and  determine  the  action,  where  ,n<  w<"-n">t. 
the  defendant  has  appeared  generally  in  the  action  ;  or  where  the 
summons  was  served  personally  upon  him  ;  or  where  judgment 
may  be  taken  against  him,  as  being  indebted  jointly  with  another 
defendant,  who  has  been  thus  summoned  or  has  thus  appeared.  In 
every  other  case  the  justice  who  vacates  a  warrant  of  attachment 
against  the  property  of  a  defendant  must  dismiss  the  action  as  to 
him. 

K  O      P.  5 


I7«'.  ATTACH MKNTS  IN  DISTRICT  COl  lCTs 

"J**8;  8  1329.  Where  the  defendant  lias  not  appeared,  and  the 

*otp,!<r"!",','1'|'i'"H  summons  has  not  been  personally  served  upon  him.  and  property 
,  ,  w  1  of  the  defendant  lias  been  duly  attached  by  virtue  of  a  warrant, 

which  has  not  been  vacated,  the  justice  must  proceed  to  hear 
and  determine  the  act  ion  :  hut  in  an  act  ion  subsequently  brought, 
the  judgment  is  onfy  presumptive  evidence  of  indebtedness,  and 
the  defendant  is  not  barred  from  any  counter- claim  against  the 
plaintiff.  The  execution,  issued  upon  a  judgment  so  rendered; 
must  require  the  marshal  to  satisfy  it  out  of  the  property  so 
attached,  without  containing  a  direction  to  satisfy  it  out  of  am 
other  property. 

r.i:V'h  "  "  §  1330.  In  an  action  to  foreclose  a  lien  upon  a  chattel,  if  the 
plaintiff  is  not  in  possession  of  the  chattel,  a  warrant,  command- 
ing the  proper  officer  to  seize  the  chattel,  and  safely  keep  it  to 
abide  the  judgment,  may  be  issued,  in  like  manner  as  a  warrant 
<>f  attachment  may  be  issued  in  an  action  founded  upon  a  con- 
tnirt;  and  the  provisions  of  law  applicable  to  a  warrant  of 
attachment  issued  out  of  the  court,  apply  to  a  warrant  issued  as 
prescribed  in  this  section,  and  to  the  proceedings  to  procure  it,and 
after  it  has  been  issued;  except  as  otherwise  specified  in  the 
judgment.  A  judgment  in  favor  of  the  plaintiff,  in  such  an 
action,  must  correspond  to  a  judgment  rendered  as  prescribed 
in  section  seventeen  hundred  and  thirty-nine  of  the  code  of  civil 
procedure,  except  that  it  must  direct  the  sale  of  the  chattel  by 
an  officer  to  whom  an  execution,  issued  out  of  the  court,  may 
be  directed  ;  and  the  payment  of  the  surplus,  if  its  safe  keep- 
ing is  necessary,  to  the  county  treasurer,  for  the  benefit  of  the 
owner. 

§sm9.  §  1331.  ^iii  action  to  recover  a  chattel,  with  or  without 

fora"huttH  damages  for  the  wrongful  taking,  withholding,  or  detention 
brought  thereof,  can  be  brought  before  a  district  court,  in  a  case  and 
subject  to  the  qualifications  specified  in  sections  sixteen  hun- 
dred and  eighty-nine,  sixteen  hundred  and  ninety,  sixteen  hun- 
dred and  ninety-one,  and  sixteen  hundred  and  ninety-two,  and 
subdivision  seventh  of  section  twenty-eight  hundred  and  sixty- 
two  of  the  code  of  civil  procedure. 
™  ?*!!»  §  1332.  The  plaintiff  may,  at  the  time  when  the  summons  is 

Plaintiff  mav  °  *  -  ' 

uTffldavitand  lssue"i  uu^  n°t afterwards,  require  the  chattel  to  be  replevied  as 
undertaking  prescribed  in  sections  thirteen  hundred  and  thirty-three  to  thir- 
teen hundred  and  forty-five,  inclusive.  For  that  purpose,  he 
must  deliver  to  the  justice  an  affidavit  and  an  undertaking, 
similar  in  all  respects  to  the  affidavit  and  undertaking  required 
to  be  delivered  to  a  sheriff,  as  prescribed  in  sections  sixteen  hun- 
dred and  ninety-five,  sixteen  hundred  and  ninety-seven,  sixteen 
hundred  and  ninety-nine,  and  seventeen  hundred  and  twelve  of 


REPLEVIN  IN  DWIKICT  COURTS. 


177 


the  code  of  civil  procedure;  except  thai  the  sureties  in  the  under- 
taking must  he  approved  by  the  justice. 

§  1333.  Upon  receiving  the  affidavit  and  undertaking,  tie- 
justice  must  indorse  upon  or  attach  to  tin-  affidavit  a  written  re- 
quisition, subscribed  by  him,  requiring  the  marshal  to  whom 
the  summons  is  delivered,  to  replevy  the  property  described  in 
tho  affidavit,  on  or  before  a  day  specified  in  the  requisition, 
which  must,  except  in  the  case  of  a  non-resident  defendant,  !>«• 
at  least  six  days  before  the  return  day  of  the  summons.  The 
affidavit  and  requisition  must  be  delivered  to  the  marshal  with 
the  summons. 

£  1334.  The  marshal  must  execute  the  requisition,  as  a  sheriff  m.  ftao., 
is  required  to  execute  a  requisition,  in  an  action  brought  to  re- 
caver  a  chattel,  as  prescribed  in  sections  seventeen  hundred. 
S&venteen  hundred  and  one,  and  seventeen  hundred  and  two  of 
the  code  of  civil  procedure;  except  that  he  must,  save  in  the  case 
of  a  non-resident  defendant,  serve  the  summons,  affidavit,  and 
requisition  within  the  time  and  in  the  manner  prescribed  by  i',1,,;.,'!" 
section  thirteen  hundred  and  twenty-one  of  this  act  for  the  ser-  service  of  sum 

"  mons,  etc. 

vice  of  a  summons,  warrant  of  attachment,  and  inventory. 

§  1335.  The  marshal  must,  on  or  before  the  return  day  of  the  Id 
summons,  make  a  retain  to  the  requisition,  under  his  hand,  marshal, 
stating  all  his  proceedings  thereupon;  and  file  it,  with  the  affi- 
davit and  requisition,  with  the  clerk.    The  return  must  stab 
the  manner  in  which  the  summons,  affidavit,  and  requisition 
were  served;  and,  if  they  were  served  otherwise  than  by  deliver- 
ing the  requisite  copies  to  the  defendant  personally,  the  reason 
therefor,  and  the  name  of  the  person  to  whom  the  copies  were 
delivered,  unless  his  name  is  unknown  to  the  marshal;  in  which 
case,  the  return  must  describe  him  so  as  to  identify  him,  as 
nearly  as  may  be. 

§  1336.  At  any  time  after  the  chattel  has  been  replevied,  ex-  ppoa 
cept  in  tho  case  of  a  non-resident  defendant,  and  at  least  two  Defendant  maj 
days  before  the  return  day  of  the  summons,  the  defendant,  un-  ties;  proceed - 

"  _  ings  thereon. 

less  he  requires  a  return  of  the  chattel,  may  serve  upon  the 
plaintiff,  or  upon  the  marshal,  a  written  notice  that  he  except^ 
to  the  plaintiffs  sureties;  otherwise  he  is  deemed  to  have  waived 
nil  objections  to  them.  If  such  a  notice  is  served,  the  sureties 
must- justify  upon  the  return  of  the  summons;  or  the  plaintiff 
must  then  give  new  undertaking  to  the  same  effect  as  the 
original  undertaking,  with  other  sureties,  who  must  then  ap- 
pear and  justify  before  the  justice. 

§  1337.  At  any  time  before  the  return  day  of  the  summons,  J'1 

,    v_   _    ■_  "  7  i    -    itju,.     Defendant  ma v 

the  defendant  mav.  if  he  does  not  except  to  the  plaintiffs  reclaim  chattel; 

*  A  *  proceeding 

sureties,  serve  upon  the  clerk  a  notice  that  he  requires  the  re-  "hereon, 
turn  of  the  chattel  replevied.    With  the  notice  he  must  deliver 


f7s 


REPLEVIN  IN'  DISTRICT  COl'RTS. 


Id.  *2'J20. 
Justification  of 
Hiirutk's. 
?81fl. 


Id.  gjy27. 
When  nml  to 
whom  marshal 

must  deliver 
chattel. 


Id.  §292$. 
Penalty  for 
wronR  delivery 
bv  marshal. 


Co.  Civ.  Proc. 
Id.  §3929. 
Claim  of  title  by 
third  person. 


to  the  clerk  an  affidavit  and  an  undertaking,  similar,  in  all  re 
spects,  to  those  required  to  he  given  by  a  defendant  upon  re 
quiring  a  return  of  a  chatted,  as  prescribed  in  sections  seventeen 
hundred  and  four  and  seventeen  hundred  and  twelve  of  the 
code  of  civil  procedure, omitting  the  provision  in  the  undertaking, 
"  or  if  the  action  ahates  in  consequence  of  the  defendant's  death." 
The  sureties  in  the  undertaking  must  justify  before  the  justice 
upon  the  return  of  the  summons.  If  the  plaintiff  has  stated 
separately  in  his  atlidavit  the  value  of  one  or  more  chattels  or 
classes  of  chattels,  as  prescribed  in  section  sixteen  hundred  and 
ninety-seven  of  the  code  of  civil  procedure,  the  defendant  may 
require  a  delivery  of  part  of  the  property  replevied,  as  prescrihed 
in  that  section. 

1338.  Except  as  otherwise  expressly  prescrihed  in  this  title, 
the  examination  and  Qualifications  of  the  sureties,  and  the 
allowance  of  the  undertaking,  upon  a  justification  pursuant  to 
either  of  the  last  two  sections,  must  be  the  same  as  upon  a  jus- 
tification of  hail,  as  prescrihed  in  sections  five  hundred  and 
seventy-nine,  five  hundred  and  eighty,  and  Jive  hundred  and 
eighty-one  of  the  code  of  civil  procedure,  substituting  the  justice 
for  the  judge;  but  after  BQCfa  allowance,  the  undertaking  inu-i 
he  filed  with  the  clerk.  The  marshal  is  thereupon  exonerated 
from  liability. 

£  1330.  If  the  defendant  neither  excepts  to  the  plaintiff's 
sureties  nor  requires  the  return  of  the  chattel,  within  the  time 
prescribed  for  that  purpose;  or  if  he  fails  to  procure  the  allow 
ance  of  his  undertaking;  or  if  the  plaintiff,  after  the  defendant 
has  excepted  to  his  sureties,  duly  procures  the  allowance  of  hi* 
undertaking,  thy  marshal  must,  except  in  the  case  specified  in 
the  next  section  but  one,  immediately  deliver  the  chattel  to  the 
plaintiff.  If  the'plaintiff,  after  the  defendant  has  excepted  to 
his  sureties,  fails  to  procure  the  allowance  of  his  undertaking; 
or  if  the  defendant,  after  he  has  required  the  return  of  the  chat- 
tel, procures  the  allowance  of  his  undertaking,  the  constable 
must  immediately  deliver  the  chattel  to  the  defendant. 

13-10.  The  marshal  [who  delivers  to  either  party,  without 
the  consent  of  the  other,  a  chattel  replevied  by  him,  except  as 
prescribed  in  the  last  section,  or  X>y  virtue  of  an  execution  issued 
upon  a  judgment  in  the  action,  forfeits  to  the  party  aggrieved 
the  sum  of  one  hundred  dollars,  and  is  also  liable  to  him  for  all 
damages  which  he  sustains  thereby. 

§  1341.  The  provisions  regulating  the  proceedings,  where  a 
person,  not  a  party,  claims  property  which  has  been  replevied, 
and  the  rights  of  such  a  person,  and  of  the  sheriff,  as  prescribed 
in  sections  seventeen  hundred  and  nine,  seventeen  hundred  and 
ten,  seventeen  hundred  and  eleven,  and  seventeen  hundred  and 


REPLEVIN  IN  DISTRICT  COURTS. 


17'.' 


twelve  of  the  Code  of  Civil  Procedure,  apply  to  a  like  ease  in  an 
action,  brought  as  prescribed  in  this  title,  substituting  the  mar 
shal  for  the  sheriff;  except  that  service  of  ;i  notice  and  a  copy  of 
the  claimant's  affidavit,  upon  the  plaintiff's  attorney,  as  pre- 
scribed in  section  seventeen  hundred  and  nine  of  said  act,  must 
he  made  either  upon  the  plaintiff  personally,  or  upon  the  attorney 
who  appears  for  him  before  the  justice;  and  that  the  sum  specified 
in  the  undertaking,  given  by  the  plaintiff  to  the  marshal,  need 
not  exceed,  in  any  case,  three  hundred  dollars. 

1842.  Where  a  chattel  has  been  replevied,  and  the  defendant  ra.f»w. 
has  not  required  tin1  return  thereof,  pending  the  action,  as  pre-  'i''.'! u'i"^ 
scribed  in  the  foregoing  sections,  he  may,  in  his  answer,  demand         "' r' 
judgment  for  the  return  thereof,  either  with  or  without  damages 
for  the  taking,  withholding,  or  detention. 

§  1343.  Section  thirteen  hundred  and  Beventy-three,  section  ia.  laasi. 
seventeen  hundred  and  thirty-one.  excluding  subdivision  first  JI[e actiouf s 
thereof,  and  sections  seventeen  hundred  and  twenty-two,  seven-  "^kin"u" 
teen  hundred  and  twenty-six,  seventeen  hundred  and  thirty, 
soventeen  hundred  and  thirty-two,  seventeen  hundred  and  thirty  - 
three,  seventeen  hundred  and  thirty- four,  and  seventeen  bun 
died  and  thirty-five  of  the  Code  of  Civil  Procedure,  substituting 
the  marshal  for  the  sheriff,  apply  to  the  proceedings  "in  an  action 
in  a  district  court  to  recover  a  chattel,  .md  to  an  action  against 
the  sureties  in  an  undertaking  given  therein,  except  as  other- 
wise specially  prescribed  in  this  title. 

§  1344.  Where  the  defendant  does  not  appear,  and  the  sum-  w- 
mons  has  not  been  personallv  served  upon  him,  and  a  chattel,  when  summon., 

.  not  persopnllv 

or  part  of  a  chattel,  to  recover  which  the  action  is  brought,  has  served, 
been  replevied,  and  the  proceedings  thereupon  have  been  duly 
taken,  as  prescribed  in  this  title,  the  justice  must  proceed  to  hear 
and  determine  the  action,  with  respect  to  that  chattel,  or  part  of 
a  chattel;  or,  if  the  action  is  brought  to  recover  two  or  more 
chattels,  with  respect  to  those  which  have  been  replevied,  in  like 
manner  and  with  like  effect,  as  if  the  summons  had  been  person- 
ally served. 

£  1345.  -  Whore  the  summons  has  been  personally  served  upon  ^e^,^,, 
the  defendant,  or  where  he  appears,  the  justice  must  proceed  to  ?auuret:otod  by 
hear  and  determine  the  action,  although  the  plaintiff  has  not  re-  ri>r|nvv 
quired  the  chattel  to  be  replevied,  or  the  marshal  has  not  been 
able  to  replevy  it. 

§  1346.  The  pleading  must  take  place  at  the  time  the  sum-  Co  (jv  ,.roc 
mons  is  returned  served,  or  at  such  other  time  as  the  justice  may  . 

.,  ,  /.        ii  When  plaintiff 

direct.  In  an  action  brought  to  recover  upon  or  for  the  breach  ™^»^eco™ 
of  a  contract,   express  or  implied,  the   plaintiff  may  serve  summons; pro- 

it  i  ^  ceemngs 

upon  the  defendant,  with  the  summons,  and  in  like  manner,  a  thereupon. 


180 


ACTION  ON  BASTAItUY  HON  U.S. 


IS5r.  ch.M4,  JIH 

Comp.  law. 
I8H0,  ch.  £46,  |S, 
BUM.  13. 


1862,  ch.  a*,  |1 
Camp.  1351. 
Additional 
jurisdiction 
conferred. 


Co.  civ.  Proa 

<i295l 

Anstrerol  title 


Id.  §3052. 

Undertokins 

*'i»roupon. 


copy  of  a  written  complaint,  verified  in  like  manner  us  a  verified 
pleading  in  the  supreme  court. 

^  1347.  Sections  twenty  eight  hundred  and  ninety one,  twentv- 
eight  hundred  and  ninety-two,  twenty  nine  hundred  and  thirty- 
live,  twenty-nine  hundred  and  thirty-six,  twenty-nine  and  thirty- 
' eight,  twenty-nine  hundred  and  thirty-nine,  twenty-nine  hun- 
dred and  forty,  twenty-nine  hundred  and  forty-one,  twenty-nine 
hundred  and  forty-two,  twenty-nine  hundred  and  forty-three, 
and  twenty-nine  hundred  and  forty-four  of  the  code  of  civil  pro- 
cedure apply  to  these  courts,  except  as  in.  this  title  otherwise  S3 
pressly  provided. 

$5  1348.  The  pleadings  and  proceedings  inactions  in  which  the 
people  of  this  State  are  a  party,  where  such  actions  are-  brought 
by  the  overseers  of  the  poor  or  the  commissioners  of  puhlic  chari- 
ties and  correction  upon  bastardy  or  abandonment  bonds,  shall 
he  the  same  as  inactions  brought  on  bonds  with  conditions  other 
than  for  the  payment  of  money,  and  for  any  breachesof  the  con 
dition  of  such  bond  given  in  cases  of  bastardy  which  shall  hap- 
pen after  the  recovery  of  any  damages  or  the  commencement  of 
any  suit,  the  district  court  in  which  the  suit  was  originally 
brought  shall  have  [lower  to  issue  a  new  summons,  and  upon 
the  return  thereof,  to  ascertain  the  amount  of  damages  arising 
frOm  said  bieach,  and  togive  judgment  accordingly;  and  in  suits 
upon  bonds  given  in  abandonment  cases,  the  justice  holding  such 
court  shall  have  the  same  power  as  to  requiring  further  security 
or  committing  defendant  in  default  thereof,  as  are  conferred  by 
law  upon  the  judges  of  courts  of  record  in  similar  cases. 

1349.  The  defendant  may,  either  with  or  without  other 
matter  of  defense,  set  forth  in  his  answer  facts  showing'that  the 
title  to  real  property  will  come  in  question.  Such  an  answer 
must  be  in  writing;  and  it  must  be  signed  by  tho  defendant,  or 
his  attorney  or  agent,  and  delivered  to  the  justice.  The  justice 
must,  thereupon,  countersign  the  answer,  and  deliver  it  to  the 
plaintiff. 

§  1350.  In  the  case  specified  in  the  last  section,  the  defendant 
must  also  deliver  to  the  justice,  with  the  answer,  a  written  un- 
dertaking, executed  by  one  or  more  sureties,  approved  by  the 
justice,  to  the  effect  that,  if  the  plaintiff,  within  twenty  day-, 
thereafter,  deposits  with  the  justice  a  summons  and  complaint  in 
a  new  action,  for  the  same  cause,  to  be  brought  in  the  proper 
court,  as  prescribed  in  the  next  section,  the  defendant  will,  with- 
in twenty  days  after  the  deposit,  give  a  written  admission  of  the 
service  thereof.  Where  the  defendant  was  arrested  in  the  action 
before  the  justice,  the  undertaking  must  further  provide  that  he 
will,  at  all  times,  render  himself  amenable  to  any  mandate  which 
may  be  issued  to  enforce  a  final  judgment  in  the  action  so  to  bo 


I'KOCKKIWNCS  TO  DIsl-osSKSS  TENANT. 


brought.    If  the  defendant  fails  to  comply  with  the  undertaking, 

the  sureties  are  liable  thereupon  to  any  amount  for  which  judg-  |.';.,,|,,n  '*""' 
ment  might  have  been  rendered  by  the  district  court,  if  the 
answer  and  undertaking  had  not  been  delivered. 

§  1351.  The  court  in  which  a  new  action  is  to  be  brought,  as  I,J- SS0M- 

°  ....  "  In  what  court 

prescribed  in  the  last  section,  is  the  supreme  court.  nevacttoato 

r  '         .  be  brought. 

«>  1852.  Upon  the  delivery  of  the  undertaking  to  the  justice, 
the  action  before  him  is  discontinued,  and  each  party  must  pay  his 
own  costs.  The  costs  so  paid  by  either  party  must  be  allowed  to 
him,  if  ho  recovers  costs  in  the  new  action,  to  be  brought  as  pre- 
scribed in  the  two  last  sections.  If  the  plaintiff  fails  to  deposit 
with  the  justice  a  summons  and  complaint  in  the  new  action, 
before  the  expiration  of  twenty  days  after  the  delivery  of  the 
undertaking,  the  defendant  may  jnaintain  an  action  against  the 
plaintiff  to  recover  his  costs  before  the  justice. 

§1353.  If  the  undertaking  is  not  delivered  to  the  justice,  he  ^^lv  lVoc 
has  jurisdiction  of  the  action,  and  must  proceed  threin;  and  the  ,^forejSsti"e 
defendant  id  precluded,  in  his  defense,  from  dra  wing  the  title  in  ttouw^011 
question. 

§1354.  If,  however,  it  appears  upon  the  trial,  from  the  IJ^MM- 

i    •  i         •  ,i     ,    .,  ■  ....      Kffectof  fniltir* 

planum  s  own  showing,  that  the  title  to  real  property  is  in  tojjjyeunder- 
question,  and  the  title  is  disputed  by  the  defendant,  the  justice 
must  dismiss  the  complaint,  with  costs,  and  render  judgment 
against  the  plaintiff  accordingly. 

§  1355.  In  the  new  action,  to  be  brought  after  an  action  before  id.  ^wr. 
a  justice  is  discontinued,  by  the  delivery  of  an  answer  and  an  colnesinte 
undertaking,  as  prescribed  in  the  last  six  sections,  the  plaintiff:  pK'urs0own 
must  complain  for  the  same  cause  of  action  only  upon  which  ho  s  owms' 
relied  before  the  justice,  and  the  defendant's  answer  must  set 
up  t  he  same  defense  only  which  he  made  before  the  justice.  If  the  id.  $4957. 
action  is  to  recover  a  chattel  which  was  replevined  in  the  justice's  J^S" 
court,  each  undertaking,  given  in  the  justice's  court,  continues  befonjuatiloe, 
to  be  valid  in.  and  is  applicable  to,  the  new  action.  caMe*ppU 

§  1356.  Where  in  an  action  before  a  justice,  the  plaintiff  has  id.  §2958. 
two  or  more  causes  of  action,  and  the  defense,  that  the  title  to  m  to  one  of  8 
real  property  will  come  in  question  is  interposed,  as  to  one  or  ofVaectionau!>os 
more,  but  not  as  to  all  of  them,  the  defendant  ma^y  deliver  an 
answer  and  undertaking  as  prescribed  in  sections  thirteen  hun- 
dred and  forty-nine  and  thirteen  hundred  and  fifty  of  this  act, 
with  respect  to  the  cause  or  causes  of  action  only,  in  which  title 
will  so  come  in  question.    AYTiereupon  the  justice  must  discon- 
tinue the  action  as  to  those  causes  of  action  only;  the  plaintiff 
may  commence  anew  action  therefor  in  the  proper  court:  and 
the  original  action  must  proceed  as  to  the  other  causes. 

§  1357.  Application  for  the  removal  of  a  person  from  real  w .$3aw. 
property  as  prescribed  in  title  two  of  chapter  seventeen  of  the 


1-82 


PROCEEDINGS  To  DISPOSSESS  TENANT. 


1808,  eh.4M.fl4, 
as  amended 
1  H7i*.  eh.  i<«, 

('hiii)i  l.'J.VJ 
See  1880,  ch.245, 
19,  subd.  9. 
Process.  In 
summary'  pro- 
ceedliiKS,  by 
whom  to  be 
served. 

Co.  Civ.  Proo. 

IlispOKS'-SS  1  >l  ' . 

oeealnffs;  btb- 
cept  where  re- 
turnable, etc. 


Id. -{2844. 
Answer 


Proo 


Co.  Civ 

Cause  may  be 
transferred  to 
another  district 
court  for  trial. 


1857,  ch.SH.S21, 
Conip.  133«. 


Id.  §2o. 
Trials. 
1  E.  D.  S.  18; 
3  id.  59. 


code  of  (  i\  il  procedure,  may  be  made  to  the  district  court  of  the 
district  within  which  the  property,  or  a  portion  thereof,  is  situ- 
ated. Kvei  v  precept  in  summary  proceedings  to  dispossess  ten- 
ants shall  he  served  and  executed  by  a  marshal  of  said  city,  ex- 
cept a-*  provided  in  potion  thirteen  hundred  and  one  of  this 
act. 

,,:  loba.  The  petition  must  he  filed  with,  and  the  precept  mufti 
ho  issued  hy  the  clerk  of  the  court;  and  the  precept  must  be 
made  retumahle  before  the  court,  at  the  place  designated,  pur 
suant  to  law,  for  the  holding  court;  and  all  subsequent  proceed- 
ings in  the  cause  must  lie  had  at  that  place,  except  as  otherwise 
prescribed  in  the  next  section  but  one.  If,  upon  the  return  of 
the  precept  or  upon  an  adjourned  day.  the  justice  is  unable,  by 
reason  of  absence  from  the  court  room  of  sickness,  to  hear  the 
cause,  and  it  is  not  adjourned  by  the  clerk  in  accordance  with 
section  twelve  hundred  and  ninety-two  of  this  act,  or  it  is 
sh0WIl  by  affidavit  that  he  is  for  any  reason  disqualified  to  sit  in 
the  cause,  or  is  a  necessary  and  material  witness  for  either  part  y, 
a  justice  of  any  other  district  court  of  tin-  city  may  act 
in  his  p*lace  at  tin-  same  court  room. 

§  1359.  -At  tin-  time  when  the  precept  returnable,  without 
waiting  as  prescribed  in  an  action  in  the  district  court,  the  per- 
son to  whom  it  i-  directed,  or  his  landlord,  or  any  person  in 
possession  or  claiming  possession  of  the  premises,  or  a  part 
thereof,  may  til*',  with  the  judge  or  justice  who  issued  the  pre-, 
cept,  a  w  ritten  answer,  verified  in  like  manner  as  a  verified  an- 
swer in  an  action  in  the  supreme  court,  denying  generally  the 
allegations,  or  specifically  any  material  allegation  of  the 
petition. 

§  13G0.  At  the  time  of  joining  issue,  the  justice  .sitting  in  the 
cause  may,  in  his  discretion,  upon  motion  of  either  party,  or,  if 
no  justice  is  present,  the  clerk  may,  by  consent  of  both  parties, 
make  an  order  transferring  the  cause  for  trial,  to  a  district  court 
of  an  adjoining  district,  which  thereupon  has  the  same  jurisdic- 
tion and  power,  at  its  own  court-house,  as  if  the  pro]>erty  was 
situated  within  its  district. 

§  1361.  The  court  may  at  the  time  of  pleading,  or  at  any 
other  time  before  the  trial,  require  the  plaintiff  or  defendant  to 
exhibit  to  the  inspection  of  the  adverse  party,  with  liberty  to 
copy  the  same,  any  writing  or  account  declared  on  or  set  up  in 
the  way  of  offset  or  counter-claim,  or  if  not  so  exhibited,  may 
prohibit  its  afterwards  being  given  in  evidence. 

§  1362.  The  trial  of  the  action  may  be  adjourned  by  the  court, 
or  on  the  application  of  either  party,  for  a  period  not  exceeding 
eight  days  at  any  one  adjournment,  unless  the  defendant  is  un- 
der arrest,  in  which  case  it  shall  not  be  adjourned  to  exceed 


PROCEEDINGS  TO  DISPOSSESS  TENANT. 


llcation  Inr 
adjournment 


forty-eight  hours,  except  hy  consent  of  the  defendant;  and  ad- 
journment for  nioro  than  forty-eight  hours  in  such  cases,  except 
on  application  of  the  defendant,  or  hy  his  consent,  discharges 
the  defendant  from  custody,  hut  the  action  may  proceed,  not- 
withstanding such  discharge,  and  the  defendant  shall  he  suhject 
to  arrest  on  the  execution,  in  the  same  manner  as  if  lie  had  not 
heen  so  discharged.  The  trial  may  he  adjourned  for  a  longer 
period  hy  consent,  or  where  neither  party  ohjects  to  the  same. 

§  1363.  If  the  application  for  the  adjournment  of  the  trial  he  JIJSJ 
on  the  part  of  the  defendant  under  a^ual  arrest,  before  it  can  be 
granted  he  must  execute  an  undertaking,  with  one  or  more  suf- 
ficent  sureties,  to  he  approved  by  the  justice,  which  approval 
must  he  indorsed  on  the  undertaking,  to  the  effect  that  he  will 
appear  on  tin;  adjourned  day.  and  not  depart  until  duly  dis- 
charged according  to  law,  or  until  after  the  trial  and  judgment, 
and  that  ho  will  surrender  himself  into  custody  if  any  execution 
be  issued  upon  the  judgment  when  obtained  against  him  in  <#ie 
action. 

§  1304.  An  adjournment  may  be  had  either  at  the  joining  of  u-*27- 
issue,  or  at  any  subsequent  time  to  which  the  cause  may  stand  « t °^!?68.tS 
adjourned  on  application  of  either  party,  for  a  period  longer 
than  eight  days,  but  not  to  exceed  ninety  days  from  the  return 
of  the  summons,  upon  executing  an  undertaking  in  writing, 
with  one  or  more  sufficient  sureties,  to  the  effect  that  he  will  pay 
•to  the  plaintiff  or  defendant  the  damages,  costs,  and  extra  costs, 
in  case  judgment  shall  be  rendered  against  him  in  the  action, 
upon  proof  by  the  oath -of  the  party  or  otherwise,  to  the  satis- 
faction of  the  justice,  that  such  party  cannot  be  ready  for  trial 
before  the  time  to  which  he  desires  an  adjournment,  for  the 
want  of  material  evidence,  describing  it ;  that  the  delay  has  not 
been  made  necessary  by  any  act  or  neglect  on  his  part  since 
the  action  was  commenced,  and  that  he  expects  to  procure  the 
evidence  at  the  time  stated  by  him.  All  bonds  taken  upon  the  tm, cb,a?,fi|B 
adjournment  of  any  Cause  shall  be  good  and  valid  against  the 
obligor  or  obligors,  although  subsequent  adjournments  are  had 
after  the  execution  of  such  bond  or  obligation. 

£  1305.  The  justice  may  impose  upon  the  party  applying  for  comp.'il"'.^' 
an  adjournment  such  conditions  as  to  him  may  seem  reason- 
able. 

£  1300.  If  tho  plaintiff  fail  to  appear  at  the  return  of  the 

summons  and  make  his  complaint,  the  action  must  be  dis-  pear  by  piom- 
•  r       '  tier. 

missed. 

§  1307.  Any  justice  may,  upon  motion  made  before  him,  open  [^mms:*1*' 
and  set  aside  any  default  made  in  any  action  tried  before  or  by  when  default 

»  J  *    may  be  opened. 

him,  and  may  award  such  costs,  not  exceeding  ten  dollars,  as  a  see  is  Abb.  i. 
condition  for  opening  such  default  against  the  party  in  default. 


184 


.iritOKS  IN  DISTRICT  COUBTS, 


i«ur,ch.  311,530. 

Com  p.  1337. 
1880,  ch.  SI5,  $3, 
subd.  13. 


]-.,;.<  h  .111.  $31. 

C'onditionnl 

testimonv. 


1880.  eh  ! 

inibd.  13. 


«,  {3. 


l«or,ch.3lt.p'J, 
Comp.  im 
Subpoennv 


Co.  Civ.  Troc. 
Bill. 
"Oernp.  1354. 
List  of  trial 
jurors  to  bo 
selected. 
1K57,ch  344,^33, 
Comp.  13-38. 
List  of  jurors. 


as  in  his  discretion  shall  ho  just  and  propel".  He  may,  likewise, 
as  a  condition  of  opening  SUCh  default,  order  such  party  in  de- 
fault to  give  an  undertaking,  with  sufficient  sureties,  to  the 
effect  that  such  defendant  will  not  sell,  assign,  or  transfer  any 
of  his  property  with  intent  to  hinder,  delay,  or  defraud  the  plain- 
tiff in  the  Collection  of  Ins  claim  or  demand,  if  he  shall  prevail 
on  the  trial  of  such  action,  and  that  lie  or  his  sureties  will  pay 
the  amount  of  any  judgment  recovered  against  such  defendant 
in  such  action. 

§  13G8.  Sections  twentyaine  hundred  and  eighty  to  twenty- 
nine  hundred  and  eighty-seven,  inclusive,  of  the  code  of  civil 
procedure  apply  to  these  courts,  hut  the  power  and  authority 
therein  given  is  extended  so  as  to  authorize  the  issuing  of  com- 
missions to  take  the  testimony  of  witnesses  residing  out  of  this 
State,  except  as  in  this  title  otherwise  expressly  provided. 

§  1.300.  Whenever  any  action  pending  in  either  of  said  courts 
shall  he  commenced  by  the  actual  service  of  process,  or  when  the 
defendant  shall  have  appeared  in  the  action,  either  party  may 
have  the  testimony  of  any  witness  who  is  about  to  leave  the  city 
and  county  of  New  York,  and  will  probably  continue  absent, 
when  the  testimony  is  required,  taken  conditionally,  to  be  used 
on  the  trial  of  such  action,  in  the  same  manner  and  with  like  ef- 
fect as  provided  by  sections  eight  hundred  and  seventy-one  to 
eight  hundred  and  eighty-three,  inclusive,  of  the  code  of  civil 
procedure,  which  apply  to  those  courts,  except  as  in  this  title 
otherwise  expressly  provided. 

§  1370.  Subpoenas  requiring  witnesses  to  appear  and  testify 
on  the  trial  of  an  action,  on  the  demand  of  either  party,  shall  be 
issued  out  of  these  courts  by  the  clerks  thereof,  in  the  same  form 
and  served  in  the  same  manner  as  subpoenas  issued  out  of  a 
court  of  record,  but  shall  not  be  served  out  of  the  city  and  county 
of  New  York,  or  an  adjoining  county  thereto,  and  for  neglect  or 
refusal  to  attend  and  testify  as  required  by  such  subpoenas,  such 
witnesses  may  be  attached  and  punished  in  the  manner  provided 
by  law  for  punishing  similar  neglect  or  refusal  in  courts  of 
record;  witnesses  are  entitled  to  twenty-five  cents  for  each  day's 
attendance  on  the  trial  of  an  action. 

§1371.  A  list  of  trial  jurors  for  each  of  the  district  courts 
must  be  selected  by  the  commissioner  of  jurors,  and  must  con- 
sist of  not  loss  than  fifty,  nor  more  than  one  hundred  jurors.  A 
person  shall  not  be  placed  upon  such  a  list  who. does  not  reside 
in  the  district  in  which  the  court  is  held.  The  commissioner  of 
jurors  shall,  on  or  before  the  first  Monday  of  September  in  each 
and  every  year,  furnish  the  clerk  of  each  of  these  courts  with  a 
list  of  the  names,  residence,  and  occupation  of  the  persons  liable 
to  do  jury  duty,  and  who  are  borne  upon  said  list.    The  clerk  of 


JLROHS  IN  DlsilMt  T  COl  UTS. 


4N'. 


tho  court  who  shall  receive  such  jury  list,  must  writ.'  on  a  slip 
of  paper  tho  name  of  each  of  the  persons  so  furnished,  and  place 
the  same  in  a  box,  to  be  called  the  undrawn  jury  box.  The  Sfofj1*  l',vc 
judge  of  each  district  court  must  impose  a  fine  of  twenty-five  R>mp.wM 
dollars  upon  each  person  duly  drawn  and  notified  to  attend  the 
court  as  a  trial  juror,  who  fails  to  attend  as  required  by  the  no- 
tice. The  clerk  of  the  court  must,  within  ten  days  thereafter, 
transmit  to  the  commissioner  of  jurors  a  certificate  showing  that 
the  fine  has  been  so  imposed,  and  stating  how  the  notice  to  at  - 
tend  was  served  upon  the  delinquent,  in  order  that  the  same 
proceedings  may  be  had  as  in  the  case  of  a  delinquent  juror  in  a 
court  of  record.  A  judge  or  a  clerk  who  violates  this  section 
forfeits  one  hundred  and  fifty  dollars  for  each  offense. 

§  1372.  A  trial  by  jury  must  be  demanded  at  the  time  of  ComPhim5'U 
joining  an  issue  of  fact,  and  is  waived  if  neither  party  then  do-  Truibyjwy. 
maud  it;  when  demanded,  the  trial  of  the  case  may  he  adjourned  ]l™y>nf!0t 
until  a  time  fixed  for  the  return  of  the  jury.    The  clerk  must 
publicly  draw  twelve  persons  from  the  undrawn  jury  box,  and 
deliver  the  list  thereof  to  a  marshal,'  or  to  a  person  deputed  by 
the  justice  for  that  purpose,  with  a  written  or  printed  notice, 
directed  to  each  person  named  in  the  list,  requiring  him  to  at- 
tend as  directed  as  a  juror,  at  a  time  specified  therein,  out  of 
which  number  six  of  the  persons  attending  shall  be  drawn  to  try 
the  cause,  provided  that  number  appear. 

§  1373.  But  in  all  cases  where  both  parties  to  any  action  shall  [™\p\£?' SI' 
assent  thereto,  or  where  any  party  shall  have  claimed  and  the  whenjinyoi 
other  shall  assent  thereto,  the  justice  of  said  court  shall  order  a  <lra»» 
jury  of  twelve  men  to  be  summoned  to  try  the  issues.    In  such 
case  the  clerk  shall  draw  twenty-four  names,  and  the  same 
shall  be  summoned  in  the  same  manner  as  in  other  cases  re- 
quired by  law,  and  twelve  of  such  number  shall  be  drawn  to  try 
the  cause.    The  jury  fee  to  be  deposited  in  such  cases  shall  be 
six  dollars,  besides  the  officer's  fees  for  summoning  the  jury. 

§  1374.  The«officer  or  the  person  deputed,  as  in  the  last  sec-  Comph'im$8i' 
tion  but  one  provided,  must  thereupon  immediately  summon 
each  person  named  in  the  list,  by  giving  him  the  notice  men- 
tioned in  the  last  section  but  one  personally,  or  by  leaving  it  at 
his  place  of  residence,  with  some  person  of  suitable  age  and  dis- 
cretion, and  must  return  the  list  to  the  court  at  its  opening,  on 
the  day  for  which  the  jury  was  drawn,  specifying  the  persons 
summoned,  and  the  manner  in  which  each  was  notified. 

§  1375.  If  a  sufficient  number  of  competent  and  indifferent  " _ 

....  Comp.  1335*. 

jurors  do  not  attend,  the  justice  must  direct  to  be  summoned  Xon-attend- 
from  the  vicinity  sufficient  to  complete  the  jury  by  a  marshal  or  a'Ke°  ur°r9' 
a  person  deputed  for  that  purpose. 


JUROHS  IN  DISTRICT  COURTS. 


Id.  Ms, 
Unchanged, 

llatlots 


Id.  S3'.'. 
Kee<s  on  jury 
irlul 


1K>7,  eh.  tit, 
<»0,  Com.  1888. 

Adjournment 
after  return  of 
Jury 


td.  Hi. 

Competency  of 
jurors. 


Id.  $-12. 
Verdicts 


Id.  SH, 

Swearinp  jury, 
etc. 


Id.  5-45. 
When  action 
may  be  dis- 
missed. 


j:  i:)7C.  The  ballots  containing  the  names  of  tlx-  jurors  sum 
moiled  and  not  drawn,  must  be  returned  by  the  clerk  to  the 
undrawn  jury  box,  to  he  drawn  as  in  the  fir-t  instance.  The 
ballots  containing  the  names  of  the  jurors  who  served,  must  he 
placed  in  a  box  to  be  called  the  drawn  jury  box,  until  all  the 
other  names  have  been  drawn  therefrom,  and,  as  often  as  that 
happens,  the  whole  number  must  be  returned  t<>  the  undrawn 
jury  box,  as  in  the  first  instance. 

§  1377.  Before  a  party  can  be  entitled  to  a  jury,  he  must  de- 
posit with  the  clerk  at  the  time  he  demands  a  trial  by  jury,  the 
sum  of  three  dollars  and  the  officer's  fees  for  summoning  the 
jury,  from  which  the  clerk  must  refund  to  the  party  the  fees 
of  all  jurors  who  do  not  attend,  which  jurors'  fees  not  refunded 
and  the  officer's  fees  must  be  included  in  the  judgment,  as  part 
of  the  costs,  in  case  the  party  calling  the  jury  recover  judg- 
ment. 

§  1378.  No  adjournment  can  be  granted  after  the  return  of 
the  jury  unless  the  party  requiring  the  same,  in  addition  to  the 
other  conditions  imposed  upon  him,  deposit  with  the  clerk  to  be 
immediately  paid  to  the  jurors  attending,  the  sum  of  twenty- 
five  cents  each,  which  amount  in  no  case  is  to  be  included  its 
part  of  the  costs  in  the  judgment. 

§  1379.  If  either  patty  object  to  the  competency  of  a  juror, 
the  question  thereon  must  be  tried  in  a  summary  manner  by 
the 'justice  who  may  examine  the  jurors  or  other  witnesses  on 
oath. 

§  13*0.  The  verdict  of  the  jury  must  he  general  for  the  plain- 
tiff for  a  specific  sum,  or  for  the  defendant,  or  where  there  is  a 
counterclaim  or  set  off  proved  for  the  defendant  in  a  specified 
sum,  but  when  the*re  are  several  plaintiffs  or  defendants,  the 
verdict  may  be  for  or  against  one  or  more  of  them,  and  the 
judgment  must  be  entered  therein  immediately  after  the  ren- 
dering of  the  verdict. 

§  1381.  The  swearing  of  the  jury,  and  the  mode  of  conduct- 
ing the  trial,  are  the  same  in  these  courts  as  they  are  in  courts 
of  record. 

§  1382.  Judgment  that  the  action  be  dismissed,  with  costs, 
without  prejudice  to  a  new  action,  shall  be  rendered  in  the  fol- 
fowing  cases : 

1.  Where  the  plaintiff  voluntarily  discontinues  the  action  be- 
fore it  is  finally  submitted. 

2.  When  he  fails  to  appear  at  the  time  specified  in  the  sum- 
mons or  upon  adjournment. 

3.  When  it  is  objected  at  the  trial,  and  appears  by  the  evi- 
dence that  the  action  is  brought  in  the  wrong  district,  or  by  a 
plaintiff  not  a  resident  in  the  county,  without  giving  the  secur- 


DISMISSAL  OF  COMPLAINT.  4W7 

ity  required  by  this  title,  or  tbat  the  court  has  not  jurisdiction  ; 
but  if  tbe  objection  bo  taken  and  overruled,  it  IS  CaUS8  only  Of 

reversal  on  appeal,  and  does  not  otherwise  invalidate  the  judg- 
ment, if  not  taken  at  tbo  trial  it  is  waived,  and  the  court  will  be 
deemed  to  have  jurisdiction. 

4.  Where  the  plaintiff  does  not  prove  bis  cause  of  action. 

§*13s;i.  When  the  defendant  fails  to  appear  and  answer,  w  »»«• 
judgment  must  be  given  for  the  plaint  ill",  as  follows:  pearud"  *p 

L  In  a  case  where  a  written  complaint  has  been  served  with  oolcJrPw 
tbe  summons  in  accordance  wit  h  the  foregoing  provisions  of  this  •8m 
title,  unless  the  defendant,  upon  the  return  of  the  summons;  or, 
if  the  cause  has  been  adjourned  by  the  clerk  in  accordance  with 
law  at  the  time  to  which  it  was  adjourned,  files  a  written  an- 
swer, verified  in  like  manner,  denying  one;  or  more  material  alle- 
gations, or,  generally,  each  allegation  of  the  complaint,  or  set- 
ting forth  new  matter,  constituting  one  or  more  defences  or 
counterclaims,  the  justice  must  render  judgment  in  favor  of  the 
plaintiff,  for  the  sum  claimed  in  the  complaint,  with  costs,  with 
out  putting  the  plaintiff  to  any  proof.  The  provisions  of  this 
section  apply,  where  the  action  is  against  two  or  more  defend- 
ants jointly  indebted,  and  the  summons  and  a  copy  of  the  com- 
plaint are  served  upon  or  one  more,  but  not  upon  all  of  them; 
in  which  case,  judgment  may  be  taken,  as  prescribed  in  this  sec- 
tion, against  all  the  defendants,  in  like  manner  and  with  like 
effect  as  a  judgment  taken  as  prescribed  in  section  three  thous- 
and and  twenty  of  the  code  of  civil  procedure. 

2.  In  other  cases  the  justice  must  hear  the  evidence  of  the 
plaintiff,  and  render  judgment  for  such  sum  only  as  shall  appear 
by  the  evidence  to  be  just,  but  in  no  case  to  exceed  tbe  sum 
specified  in  the  summons. 

§  13S4.  Upon  the  issue  of  fact  joined,  if  a  jury  trial  benotde-  «B7,ch.|*4,|4' 
manded,  as  required  bv  this  title,  the  justice  must  hear  the  evi-  issues  or  fact, 
deuce,  and  decide  all  questions  of  fact  and  law,  and  render  judg- 
ment accordingly  within  eight  days  from  the  time  the  same  is 
submitted  to  him  for  that  purpose,  except  when  the  defendant 
is  under  arrest,  and  has  not  given  security  for  his  appearance; 
in  such  case  the  justice  shall  render  his  judgmeat  immediately 
after  the  close  of  the  trial.  All  issues  of  law  shall  be  heard  and 
decided  by  the  judge,  without  a  jury. 

£  13S5.  Where  the  amount  found  due  to  either  party  exceeds  m.  $10. 
the  sum  for  which  the  justice  is  authorized  to  enter  judgment, 
such  party  may  remit  the  excess,  and  judgment  may  be  entered 
for  the  residue. 

£  13SG.  When  a  judgment  is  rendered  in  a  case  where  thede-  w.  iw. 
fendant  is  subject  to  arrest  and  imprisonment  thereon,  it  must  i'^lu^i 
be  so  stated  in  the  judgment  and  entered  in  the  docket.  n"edntlmprison' 


4S8 


TKIAI.S  IN  MK'J'HN  "I  COl'UTS. 


31  X.  Y.  BO: 
28  How.  225. 
Id.  J78. 
Conip.  1310. 
Special 
proceedings. 


Id.  S79. 
Powers  and 
authority  of 
Justices  when 
engaged  Id 
trluLs. 


18T3,  ch.  533,  {I, 
C'omp.  1397. 


1837,  ch.  481,  SC. 
Comp.  1305. 
Saving  clause. 


1807,  cu.344,  §77, 
C'omp.  1315. 
Justices  to  take 
depositions. 
1880.  ch  215,  £3, 
•  subd.  13. 


Co.  Civ.  Proc. 
$3017. 

Transcript  of 
judgment ; 
docketing  the 
same. 

See  Co.  Civ. 
Proc.  $3220. 


§  1387.  The  trial  of  an  action-"  or  special  proceeding  may  be 
continued  from  day  to  day  or  from  one  day  to  any  other  day  or 
days  until  the  same  is  finished.  A  special  proceeding  com- 
menced before  one  justice  may  he  continued  before  any  other 
justice  having  jurisdiction  of  the  subject  matter,  the  BOOM  a> 
though  it  had  been  originally  commenced  before  him.  A  tran- 
script  of  any  proceedings  had  before  either  of  said  justices*  or  of 
any  paper  hied  with  the  clerk,  or  of  the  minutes  of  any  testi- 
mony taken  by  or  before  said  justice,  certified  by  the  clerk  to 
be  correct,  slvall  be  presumptive  evidence  of  the  facta  therein 
contained. 

§  1388.  The  justice,  when  actually  engaged  in  the  hearing  or 
trial  of  any  special  proceeding,  shall  have  all  the  power  and  au- 
thority that  are  conferred  on  these  courts  by  section  fourteen 
hundred  and  fifteen,  and  he  may  compel  the  at  tendance  of  wit- 
nesses on  the  trial  of  such  special  proceeding  the  same  as  if  it 
was  the  trial  of  an  action  pending  in  a  couit  of  record,  except 
that  when  the  proceedings  are  before  him  as  such,  and  not  be- 
fore the  court,  subpeenas  shall  be  signed  by  the  justice,  and  he 
is  authorized  to  punish  witnesses  for  neglect  t<>  attend  the  same, 
as  courts  of  record  are  authorized  to  do. 

§  13S9.  No  justice  of  a  district  court  shall  exercise  any  power 
or  authority  appertaining  to  any  police  justice  except  as  other- 
wise specially  provided  in  this  title. 

§  1390.  No  process,  suit,  judgment,  execution,  or  proceeding 
had  before  either  of  the  courts  held  by  either  of  the  said  justices 
shall  abate  or  be  discontinued  by  reason  of  the  death,  removal 
from  office,  or  vacancy  in  office  of  any  justice,  but  the  respective 
successors  in  office  of  the  said  justices  shall  proceed  to  hear,  try, 
determine,  and  give  judgment  in  and  upon  the  same,  and  upon 
all  matters  and  things  pending  before  and  undecided  by  their 
predecessor  in  office,  with  the  same  powers,  jurisdiction,  and  au- 
thority as  their  predecessors  had. 

§  1391.  The  justices  of  each  of  the  courts  may,  in  the  city  of 
New  York,  by  virtue  of  his  office,  administer  oaths,  take  depo- 
sitions and  acknowledgements,  and  certify  the  same  in  like- 
manner  and  with  like  effect  as  if  he  were  a  justice  of  a  court  of 
record.  Sections  nine  hundred  and  fourteen  to  nine  hundred 
and  seventeen,  inclusive,  and  section  thirty-three  hundred  and 
nineteen  of  the  code  of  civil  procedure  apply  to  the  justices  of 
these  courts. 

§  1392.  The  clerk  of  the  court  in  which  a  judgment  is  ren- 
deied,  except  in  an  action  to  recover  a  chattel,  must,  upon  the 
application  of  the  party  in  whose  favor  the  judgment  was  ren- 
dered, and  payment  of  the  fee  therefor,  deliver  to  him  a-tran- 
script  of  the  judgment.    The  county  clerk  of  the  county  in 


TRANSCRIPTS  OF  DISTRICT  ColKT  J 1'  1)( !  M  KNTS. 


which  the  judgment  was  rendf#d,  must,  upon  the  presentation 
o£  tin-  transcript,  and  payment  of  the  fees  therefor,  indorse 

thereupon  the  date  of  its  receipt,  tile  it  in  his  office,  and  docket 
the  judgment,  as  of  the  time  of  the  receipt  of  the  transcript,  in 
a  hook  kept  by  him  for  that  purpose,  as  preseiihed  in  article 
third  of  title  first  of  chapter  eleventh  of  the  code  of  civil  pro 
eednre.  Thenceforth  the  judgment  is  deemed  a  judgment  of 
the  court  of  common* pleas,  and  must  he  enforced  accordingly; 
except  that  an  execution  can  be  issued  thereupon,  at  the  option 
of  the  judgment  creditor,  either  by  the  county  clerk,  as  pre 
scribed  by  section  thirty  hundred  and  forty-three,  of  the  code  of 
civil  procedure,  directed  to  the  sheriff,  or  by  the  clerk  of  tin- 
district  court,  directed  to  a  marshal,  in  case  the  execution  is 
issued  to  a  marshal,  it  must  be  in  the  same  form  and  executed 
in  the  s^me  manner  as  if  the  judgment  had  not  been  so  dock- 
eted. The  judgment  is  not  a  lien  upon,  and  cannot  be  enforced 
against  real  property,  unless  it  is  for  twenty-five  dollars  or  more, 
exclusive  of  costs. 

§  1394.  If  the  action,  in  which  the  judgment  is  rendered,  is  ^e^;"n^ 
one  of  the"  actions  specified  in  subdivision  first  or  second,  of  sec-  j^,"Kain~l 
tion  twenty-eight  hundred  and  ninety-five  of  the  code  of  civil 
procedure,  or  if  an  order  of  arrest  was  granted,  and  was  exe- 
cuted, in  a  case  specified  in  subdivision  third  of  that  section, 
and,  in  either  case,  if  the  defendant  is  a  male  person,  there  must 
be  inserted  in  eacli  transcript  given,  as  prescribed  in  the  last 
section,  the  words,  "defendant  liable  to  execution  against  his 
person:"  and  a  like  note  must  also  be  made  in  the  docket  of 
the  judgment  made  by  the  county  clerk. 

§  1394.  The  clerk  of  the  court  in  which  a  judgment  is  ren-  m.  jana;  in 
dered  for  a  chattel,  which  has  been  delivered  to  the  unsuccessful  a  chattel 
party,  or  for  the  value  thereof,  in  case  a  return  thereof  cannot 
be  had,  must,  where  the  value  exceeds  twenty-five  dollars,  upon 
the  application  of  the  party  in  whose  favor  the  judgment  was 
rendered,  and  payment  of  the  fee  therefor,  deliver  to  him  a 
transcript  of  the  judgment,  stating  the  particulars  thereof. 
The  county  clerk  of  the  county  in  which  the  judgment  was  ren- 
dered must,  upon  the  presentation  of  the  transcript,  and  pay- 
ment of  the  fees  therefor,  indorse  thereupon  the  date  of  its 
receipt,  file  it  in  his  office,  and  docket  the  judgment,  as  of  the 
time  of  the  receipt  of  the  transcript,  in  a  book  kept  by  him  for 
that  purpose,  as  prescribed  in  article  third  of  title  first  of  chap- 
ter eleventh  of  the  code  of  civil  procedure,  and  must  also  enter 
in  the  docket  the  particulars  of  the  judgment,  as  stated  in  the 
transcript.  Thenceforth  the  judgment  is  deemed  a  judgment 
of  the  court  of  common  pleas,  and  must  be  enforced  accordingly; 
except  that  an  execution  can  be  issued  thereupon  only  by  the 


490 


TKANS<  KlI'TS  HI    DISTRICT  COl'KT  JUJjOMKNTM. 


Co.  Civ.  Proc. 
Ji30a0. 
Judgment 
■tr.mi  i  joint 
debtor*. 


Ul.  i'JiNl. 
Doclfptint;  th( 
wimo;  net  ion 
In-IVU|H  ill. 


1(1.  $3022. 
Docketing 
Judgment  In 
another 
county. 


county  clerk,  as  prescribed  in4Bction  thirty  hundred  and  forty 
three  of  said  code. 

§  130$.  Where  an  action  is  brought  against  two  or  more  per- 
sons, jointly  indebted  upon  contract,  and  the  summons  is  served 
upon  one  or  more,  but  not  upon  all  of  them,  if  the  plaintiff  re- 
covers judgment,  it  must  be  entered  against  all,  in  the  mode 
prescribed  in  section  nineteen  hundred  and  thirty-two  of  the 
code  of  civil  procedure.  Sections  nincteeYi  hundred  and  thirty- 
tbree,  nineteen  hundred  and  thirty-four,  and  nineteen  hnndred 
and  thirty-live  thereof,  apply  to  such  a  judgment,  and  to  each 
execution  issued  thereupon;  except  that,  where  the  clerk  of  the 
court  or  the  county  clerk  issues  the  execution,  he  must  make 
the  indorsement  prescribed  in  section  nineteen,  hundred  and 
thirty-four  thereof. 

1300.  The  clerk  who  gives  a  transcript  of  a  judgnu^it,  taken 
as  prescribed  in  the  last  section,  must  distinctly  designate,  in  the 
transcript,  each  defendant  who  was  not  summoned.  Thereupon 
the  clerk  who  dockets  the  judgment  must  make  in  the  docket, 
under  or  opposite  the  name  of  each  defendant  not  summoned, 
an  entry.  a<  prescribed  in  section  nineteen  hundred  and  thirty- 
six  of  the  code  of  civil  procedure;  and  the  provisions  of  that 
section  apply  to  the  judgment  so  docketed.  An  action  upon  a 
judgment  so  docketed,  can  be  maintained  in  a  district  court 
against  the  defendants  summoned,  only  in  a  like  case,  and  with 
like  effect," as  if  they  were  the  only  defendants  in  the  original 
action.  An  action  may  be  maintained  against  the  defendants 
not  summoned,  as  prescribed  in  section  nineteen  hundred  and 
thirty-seven  thereof,  in  any  court  having  jurisdiction  thereof ; 
and  the  plaintiff  is  entitled  to  costs,  upon  recovering  final  judg- 
ment therein,  where  the  sum  remaining  unpaid  is  twenty-five 
dollars  or  more.  . 

§  1397.  The  county  clerk  with  whom  a  transcript  is  filed,  as 
prescribed  in  either  of  the  foregoing  sections  of  this  title,  must 
furnish  to  any  person  applying  therefor,  and  paying  the  fees 
allowed  by  law,  one  or  more  transcripts  of  the  docket  of  the 
judgment,  attested  by  his  signature.  A  county  clerk,  to  whom 
such  a  transcript  is  presented,  must,  upon  payment  of  the  fees 
therefor,  immediately  file  it,  and  docket  the  judgment  in  the 
appropriate  docket-hook  kept  in  his  office,  in  like  manner  as  the 
judgment  was  docketed  by  the  first  county  clerk.  The  judg- 
ment, when  docketed  as  prescribed  in  this  section,  has  the  like 
effect,  with  respect  to  the  enforcement  thereof,  or  any  proceed- 
ings thereunder,  or  by  virtue  thereof,  in  the  county  where  it 
was  so  docketed,  as  if  it  was  rendered  by  a  justice  of  the  peace 
of  that  county,  and  docketed  upon  filing  his  transcript;  except 
that  where  an  application  for  leave  to  issue  an  execution  is  neces- 


EXECUTIONS  IN  DISTRICT  COURTS. 


sary,  it  must  be  made  to  the  county  court  i»f  the  county  where 
the  judgment  was  rendered. 

$.1398.  Whenever  any  judgment!  shall  be  rendered  against  l^f^^ 
any  marshal  or  his  sureties  in  anv  of  the  district  courts,  a  tran    Tnu,...rip«  of 
script  thereof  shall  he  tiled  in  the  oflicc  of  the  clerk  of  the  court  ^«mm 

■  marshal 

of  common  pleas,  and  from  the  tiling  of  such  transcript  such 
judgment  shall  he  deemed  to  he  a  judgment  of  such  court,  and 
shall  he  enforced  in  the  same  manner  as  other  judgments  of 
said  court.  And  no  execution  on  such  judgment  shall  issue  to 
anv  other  officer  than  the  sheriff  of  the  city  and  county  of  New 
Vork,  and  all  such  executions  must  be  made  returnable  fco  the 
clerk  of  said  court. 

$  1 ::',»;».  The  execution,  when  issued  out  of  the  district  court,  u\V'*'v" 
must  be  directed  to  ;i  marshal,  subscribed  bv  the  clerk  of  the  To  «-h.»m  <•*<■ 

"  CUtlOll  to  iKSUC 

court  in  which  the  judgment  was  rendered,  or  by  his  successor  t< <  «i...m 
in  office,  and  must  bear  date  of  the  day  of  its  delivery  to  the  of-  1  r,*"r'  "lr 
ficer  to  be  executed.  It  must  intelligibly  refer  to  the  judgment 
by  stating  the  names  of  the  justices  before  whom,  and  the  dis- 
trict where,  and  the  time  when  rendered,  and  the  amount  of  the 
judgment,  and  if  less  than  the  whole  is  due.  the  true  amount 
due  thereon.  It  must  require  of  the  marshal  substantially  as 
follows: 

1.  If  it  be  a  case  where  the  defendant  cannot  be  arrested,  ii  K;^,'.ln  i1;; '/ 
must  direct  the  officer  to  collect  the  amount  of  the  judgment, 

or  the  amount  due  thereon,  out  of  the  personal  property  of  the 
debtor,  and  to  pay  the  same  to  the  party  entitled  thereto. 

2.  If  it  be  a  case  where  the  defendant  may  be  arrested,  in 
addition  to  the  foregoing,  it  may  direct  the  officer,  if  sufficient 
property  of  the  defendant  liable  to  execution  cannot  be  found 
to  satisfy  the  judgment,  that  he  arrest  the  defendant  and  com- 
mit him  to  the  jail  of  the  county  until  he  pay  the  judgment,  or 
be  discharged  according  to  law. 

3.  It  must  further,  in  all  cases,  direct  the  officer  to  make  re- 
turn of  the  execution  and  a  certificate  thereon  shewing  the 
manner  in  which  he  has  executed  the  same,  in  twenty  days 
from  the  time  of  his  receipt  thereof,  to  the  court  from  which  the 
execution  issued. 

£  1400.  Upon  an  execution  on  a  judgment  against  joint  debt-  oJ^j^ifu  ^ 
ors,  upon  one  or  more  of  whom  the  summons  was  not  served.  Executions 

.  .  i    '  f       i'  it  i  ugainst  Joiut 

the  execution  must  contain  a  direction  to  collect  the  amount  debtors, 
out  of  the  joint  property  of  ah  the  defendants,  and  the  separate 
property  of  the  defendants  upon  whom  such  summons  wa- 
served,  to  be  specified  by  name.  If  such  judgment  be  also  such 
that  the  defendants  are  subject  to  arrest  thereon,  the  execution 
must  further  specify  the  names  of  the  defendants  served  with 
the  summons,  who  may  be  arrested  for  want  of  property. 


m 


BXEOl  Hons  IN  DI6TBICT  COl'RTS. 


M.  $M 


Id.  £&S. 
Kt-iiewal  of 
fxecutloiiH. 


Co.  IYoc. 

[8B7.oh.M4,  {48, 
Comp  i;jkj. 
ikni,  ,  )i  i:i 
SUM.  13. 


lBT'.l.ch.  iSC  §88. 
Imprisonment 
on  body  execu- 
tiou. 


Co.  Civ.  lYoc. 
^3221.  : 
Enforcement 
of  certain 
Judgments 
m  favor  of 
working 
women. 


§  1401.  When  the  execution  directs  the  arrest  of  the  defend- 
ant for  want  of  sufficient  personal  chattels,  if  there  be  not 
sufficient  subject  to  levy  known  to  the  officer,  or  if,  upon  de 
mand  by  the  officer  of  the  defendant,  he  fail  to  produce  sufli 
cient  property,  the  officer  may,  without  further  delay,  arrest  the 
defendant ;  when  arrested,  the  defendant  must  be  conveyed  to 
the  conXmon  jail  of  the  county,  and  there  kept  in  custody  untij 
(he  execution, '  with  costs,  he  paid,  or  b<»  discharged  hy  due 
course  of  law. 

..'  14<i2.  An  execution  may,  at  the  request  of  the  plaintiff,  b«- 
renewed  before  the  expiration  of  the  twenty  days  by  the  word 
"  renewal"  being  written  thereon,  with  the  date  thereof,  sub- 
scribed by  the  clerk  of  the  court  or  his  assistant  ;  such  renewal 
has  the  effect  of  an  original  issue,  and  may  be  repeated  as  often 
.is  may  be  necessuy.  If  an  execution  be  returned  unsatisfied, 
others  may  be  issued  on  the  like  request  from  time  to  time  until 
tho  judgment  be  satisfied. 

j  14<>:>.  Sections  thirty  hundred  and  twenty-four,  thirty  hun- 
dred and  twenty-seven,  and  thirty  hundred  and  forty-three  of 
the  code  of  civil  procedure  apply  to  these  courts  except  as  herein 
otherwise  expressly  provided. 

1404.  Any  judgment  recovered  in  an  action  brought  in  pur- 
suance of  the  provisions  of  subdivision  eleven  of  section  twelve 
hundred  and  eighty-five  of  this  act  may  be  collected  and  the 
payment  thereof  enforced  by  execution  against  the  person,  and 
any  person  imprisoned  by  such  execution  shall  be  so  imprisoned 
for  a  period  of  not  less  than  five  days  and  at  the  rate  of  one  day 
for  every  dollar  or  fractional  part  thereof  of  such  judgment  and 
interest  when  the  same  exceeds  five  dollars,  and  such  imprison- 
ment shall  not  be  satisfaction  of  such  judgment ;  but  no  person 
shall  be  more  than  once  imprisoned  upon  any  such  judgment  or 
execution. 

§  1405.  In  an  action,  brought  iu  either  of  those  courts,  by  a 
female  to^recover  for  services  performed  by  her,  if  the  plaintiff 
recovers  a  judgment  for  a  sum  not  exceeding  fifty  dollars, 
exclusive  of  costs,  no  property  of  the  defendant  is  exempt  from 
levy  and  sale  by  virtue  of  an  execution  against  property,  issued 
thereupon ;  and,  if  such  an  execution  is  returned  wholly  or 
partly  unsatisfied,  the  clerk  must,  upon  the  application  of  the 
plaintiff,  issue  an  execution  against  the  person  of  the  defendant 
for  the  sum  remaining  uncollected.  A  defendant,  arrested  by 
virtue  of  an  execution  so  issued  against  his  person  must  be 
actually  confined  in  the  jail,  and  is  not  entitled  to  the  liberties 
thereof  ;  but  he  must  be  discharged  after  having  been  so  con- 
fined fifteen  days.  After  his  discharge,  an  execution  against 
his  person  cannot  be  issued  upon  the  judgment,  but  the  judg- 


IIAIUUTY  OF  MARSHAL  ON  KXKCUTION. 


I1C 


ment  creditor  may  enforce  the  judgment  against  property,  as  if 
the  execution,  from  which  the  judgment  dehtor  is  discharged, 
had  been  returned  without  Ins  bring  taken. 

1400.  A  defendant  cannot  be  arrested,  nor  his  property  sold  {^^j^*88' 
on  execution  after  twenty  days  from  its  issue  or  renewal,  but 
property  levied  on  within  the  twenty  days  may  be  sold  after 
renewal. 

;j  1407.  A  marshal  is  liable  to  a  party  in  whose  favor  an  exe-  id. 
cution  is  issued  to  him  for  the  amount  thereof  in  the  following  S^JSSX01 
cases  : 

t.  When  lie  Buffers  the  twenty  days  to  elapse  without 
making  a  true  return  thereof,  and  tiling  the  same  with  the 
clerk  of  the  court,  and  paying  to  him  or  to  the  party  entitled 
thereto  the  money  collected  thereon  by  him. 

2.  When  he- willfully  or  carelessly  omits  to  levy  on  property 
of  the  defendant,  or  if  the  defendant  be  liable  to  arrest,  to 
arrest  and  imprison  him  within  the  twenty  days,  or  having 
arrested  the  defendant  fails  to  commit  him  to  the  county  jail 
within  the  twenty  days. 

§  1408.  Whenever  an  execution  has  been  returned  satisfied  in  J^*5* 
whole  or  in  part,  where  a  transcript  of  the  judgment  has  been  executions 
filed  in  the  county  clerk's  office,  a  certificate  thereof,  signed  by 
the  clerk  of  the  court  in  which  the  judgment  was  rendered,  may  • 
be  filed  in  the  office  of  the  clerk  of  the  county,  who  shall  there- 
upon enter  satisfaction  for  the  amount  so  satisfied  ;  judgments 
docketed  in  these  courts  may  be  satisfied  in  the  same  manner  as 
judgments  docketed  in  courts  of  record. 

1409.  Every  clerk  of  these  courts  must  keep  a  book,  w.f»- 
denominated  a  docket,  in  which  must  be  entered  by  him  :  entered  In 

L.  The  title  of  every  action  or  proceeding  in  which  a  sum- 
mons, order  of  arrest,  attachment,  or  precept  is  issued,  or  when 
parties  voluntarily  appear. 

2.  The  date  of  the  summons,  or  precept,  and  the  time  of  its 
return,  and  if  an  allowance  of  an  order  of  arrest  to  arrest  the 
defendant  or  of  a  warrant  to  attach  his  property  was  made,  such 
facts  must  also  be  stated. 

3.  The  time  when  the  parties,  or  either  of  them,  appeared  ; 
a  minute  of  their  pleadings,  if  in  writing,  referring  to  them  ; 
if  not  in  writing,  a  concise  statement  of  a  material  part  of  the 
pleadings. 

4.  Every  adjournment,  stating  on  whose  application,  whether 
on  oath,  evidence,  or  consent,  and  to  what  time. 

5.  When  a  trial  by  jury  is  demanded  the  demand  must  be 
stated,  and  by  whom  made,  and  the  time  appointed  for  the  trial, 
and  the  return  of  the  jury. 


•lockets. 


104 


I'KKS  IN  OIHTKKT  COURTS. 


1867,  cli.3ll.JC0, 
Oomp.  1343. 

Entries  In 
dockets. 
28  How.  19 


i.l  C/,1 
[u'li  > 


Id.  §6'.'. 

Dutv  of  clt-rks. 


Id.  jjC3. 
Clerks  may 
issue  execu- 
tions. 


Id.  §01. 

Certified  copies 
of  papers  snail 
be  evidence.- 


Id.  §66,  Comp. 
1343. 


1880.  ch.  2tf,  §3, 
pubd.  13. 


Id.  §07, 
Comp.  1343. 
Fees  of  courts. 


0.  The  names  of  the  jury  sworn,  the  names  of  the  Ifitoeewefl 
sworn,  and  at  whose  request. 

7.  The  verdict  of  the  jury  and  when  received;  if  the  jury  dis- 
agree and  are  discharged,  that  fact  must  he  stated. 

8.  The  judgment  of  the  court,  its  amount,  and  the  costs  in 
the  action.  • 

9.  The  issuing  of  execution,  when  issued,  and  to  whom;  the 
renewals  thereof,  if  any,  and  when  made;  the  return  and  when 
made,  and  a  statement  of  any  money  paid  to  the  clerk,  and  when 
and  by  whom. 

10.  The  giving  of  a  transcript  to  he  filed  in  the  c. unity  clerk' , 
office,  and  when  given. 

11.  The  receipt  of  a  notice  of  appeal  or  order  to  make  or 
amend  a  return,  stating  the  time  of  the  receipt  thereof. 

§  1410.  The  several  particulars  in  the  last  section  specified 
must  ho  entered  under  the  title  of  the  action  or  proceeding  to 
which  they  relate,  and  at  the  time  when  they  occur.  Such  en- 
triee  in  the  docket,  or  a  transcript  thereof,  certified  hy  the  clerk 
or  his  successor  in  office,  with  the  seal  of  the  court  thereon  im- 
pressed, are  evidence  to  prove  the  facts  as  stated  therein. 

§  1411.  The  clerk  must  keep  an  index  to  his  docket,  in  which 
must  he  entered  the  names  of  the  parties  to  each  judgment, 
with  a  reference  to  the  page  of  entry;  the  names  of  the  plain- 
tiffs and  defendants  respectively,  must  he  entered  in  the  index 
in  alphabetical  order. 

§  1412.  It  is  the  duty  of  every  clerk  of  these  courts  to  deliver 
to  his  successor  in  office  his  official  dockets  and  papers  on  file  in 
his"  office,  as  well  his  own  as  those  of  his  predecessors  which  may 
he  in  his  custody,  there  to  he  kept  as  puhlic  records. 

§  141:5.  A  clerk  with  whom  the  docket  of  his  predecessor  is 
deposited  may  issue  execution  on  a  judgment  there  entered  and 
unsatisfied,  in  the  same  manner  and  with  the  same  effect  as 
though  ho  was  clerk  of  the  court  at  the  time  the  judgment  was 
rendered. 

§  1414.  A  copy  of  a  paper  on  file  in  the  office  of  the  clerk  in 
either  of  these  courts,  certified  hy  him  or  his  deputy  as  such, 
shall  he  prima  facie  evidence  thereof. 

§  1115.  Sections  eight  to  thirteen,  inclusive,  of  the  code  of 
civil  procedure  apply  to  these  courts. 

§  141G.  The  following  are  the  fees  of  these  courts,  when  the 
plaintiff's  demand  is  less  than  fifty  dollars: 

1.  For  all  proceedings  when  the  defendant  does  not  answer, 
including  judgment,  transcript,  and  execution,  one  dollar  and 
fifty  cents. 

2.  For  all  proceedings  to  and  including  the  joining  of  issue, 
if  an  order  of  arrest  or  warrant  of  attachment  be  issued,  one 


KXTKA  COSTS  IN  DISTHK  T  I'Ul  KTS. 


195 


dollar  and  fifty  cents.    If  there  be  n<>  order  of  Arrest  01'  attach- 
ment issued,  one  dollar. 

3.  Koran  adjournment,  twenty-live  cents  to  be  paid  by  tin 
party  requesting  the  same. 

4.  For  taking  testimony  conditionally,  or  issuing  a  commission 
to  take  the  testimony  of  witnesses  out  of  the  city,  fifty  cents. 

f>.  For  all  proceedings  after  issue  to  and  including  trial  by  w»fc«b.wi. H 
jury,  if  there  ho  one, -two  dollars  and  titty  cents.    If  there  he  no 
trial  by  jury,  two  dollars. 

0.  For  judgment  upon  the  issue  and  any  proceedings  aftei 
wards  •including  transcripts,  executions,  returns,  and  all  other 
proceedings  and  entries,  fifty  cents. 

7.  Postage  actually  paid  on  serving  or  receiving  a  commission 
to  take  testimony,  and  the  actual  expense  of  taking  the  same. 

8.  For  a  transcript  of  the  docket  of  judgment,  six  cents;  for  ffii^ta?' 
certifying  a  copy  of  a  paper  on  file  in  the  clerk's  office,  ten 

cents  for  each  folio  of  one  hundred  words,  except  returns  upon 
appeal. 

!>.  All  necessary  disbursements  paid  hy  the  party  recovering 
judgment. 

§  1417.  When  the  plaintiff's  demand  is  for  fifty  dollars  or 
more,  at  the  time  of  issuing  any  summons,  warrant  of  attach-  c^n.  i^' 
ment,  or  order  of  arrest,  the  partv  applying  therefor  shall  pay  ',;'mnn<lf,OTer 

"        i  x   x      <=>  i    j    flftv  dollars. 

to  the  said  clerk  the  sum  of  one  dollar;  and  if  a  trial  shall  be 
had  in  the  action  so  commenced  the  plaintiff  therein  shall  pay 
to  the  said  clerk  an  additional  sum  of  three  dollars  and  fifty 
cents,  which  said  sums  shall  he  received  in  lieu  of  all  other  fees 
now  required  hy  law  to  bo  paid  the  said  clerk. 

§1418.  In  summary  proceedings  to  recover  the  possession  of  (■?,;;,', 'Virlr' ?: 
lands,  the  fees  of  officers,   except  where  a  fee  is  specially  cierics  fees 
given  in  chapter  twenty-one  of  the  code  of  civil  procedure,  must  co.civ.Proc 
be  at  the  rate  allowed  by  law  in  an  action  in  said  courts,  aadare  Amount  of 
limited  in  like  manner;  unless  the  application  is  founded  upon  coUected" 
an  allegation  of  forcible  entry  or  forcible  holding  out;  in  winch 
case  the  judge  or  justice  may  award  to  the  successful  party  a 
fixed  sum  as  costs,  not  exceeding  fifty  dollars,  in  addition  to  his 
disbursements.  The  final  order  awarding  costs  may  be  docketed, 
and  an  execution  may  be  issued  to  collect  the  costs  awarded 
thereby,  in  like  manner  as  if  the  final  order  was  a  judgment, 
rendered  in  the1  court,  of  which  the  judge  is  the  presiding 
officer. 

§1410.  Marshals' fees  for  services  rendered  before  judgment  ly:- ch ■*ii-ir*- 

,,  J      Q  Comp.  134-1. 

may  be  included  therein,  when  it  is  in  favor  of  the  party  liable  Marshals- fees, 
therefor;  and  in  addition  to  the  fees  now  allowed  by  law,  they 
shall  receive  the  sum  of  twenty-five  cents  for  every  copy  of  the 


(96 


EXTRA  COSTS  IN  DISTRICT  COCHTs. 


Id.  |T0. 
Extra  eoata. 

1853,  cU.  CI 7. 
«».  I. 


Oo.  Civ.  Proc. 
$3235. 

Costs  after  dU 
continuance; 
upon  nn>>»  er 
of  title. 


1P02,  cu.  m,  |s. 

Comp.  13M. 
Ten  per  cent, 
may  be 
allowed. 


1*;?.<-U.  5.24,  $33. 


Co.  Civ.  l"roc. 
§13131,  3232. 
Costs  in  action 
by  working 
woman. 


complaint  served  hy  them  with  the  process  by  which  the  action 

is  commenced. 

§  1420.  When  the  plaintiff's  demand  to  for  the  recover)  of 
fifty  dollars  or  more,  the  plaintiff,  where  the  defendant  docs  not 
appear,  shall  recover  the  sum  of  seven  dollars;  and  in  all  such 
cases  where  an  issue  shall  be  joined  and  a  trial  had,  the  sum  of 
twelve  dollars  as  costs,  in  addition  to  other  fees.  If  judgment 
be  given  against  the  plaintiff  for  any  cause  in  any  such  action, 
after  an  appearance  by  the  defendant,  the  defendant  shall  re- 
cover seven  dollars,  where  judgment  is  rendered  without  a  trial, 
and  ten  dollars  where  a  trial  shall  have  been  had.  in  addition 
to  the  other  costs,  but  the  plaintiff  shall  not  recover  such  co  t 
unless  judgment  be  rendered  in  his  favor  for  fifty  dollars  or 
more,  nor  shall  either  party  be  entitled  to  such  costs  unless  he 
has  an  attorney  actually  engaged  in  the  prosecution  or  defense 
of  the  action.  Such  costs  shall  be  entered  in  the  judgment,  and 
belong  to  the  party  in  whose  favor  the  judgment  is  entered. 

§  1421.  Where  an  action  brought  in  a  district  court  has  be -n 
discontinued,  as  prescribed  by  law,  upon  the  delivery  of  an 
answer,  showing  that  title  to  real  property  will  come  in  ques- 
tion; and  a  new  action,  for  the  same  cause,  has  been  commenced 
in  the  proper  court;  the  party,  in  whoso  favor  final  judgment  is 
rendered  in  the  new  action,  is  entitled  to  costs;  except  that, 
where  final  judgment  is  rendered  therein,  in  favor  of  the  de- 
fendant, upon  the  trial  of  an  issue  of  fact,  the  plaintiff  is  en- 
titled to  costs,  unless  it  is  certified  that  the  title  to  real  property 
came  in  question  on  the  trial. 

§  1422.  Upon  a  recovery  being  had  in  an  action  brought  upon 
a  bastardy  or  abandonment  bond,  by  the  commissioners  of 
charities  and  correction  or  the  overseers  of  the  poor,  in  addition 
to  the  other  costs  therein,  the  court  shall  make  and  the  clerk 
shall  enter  in  the  judgment  an  additional  allowance  of  ten  per 
cent,  on  the  amount  recovered. 

§  1423.  *YVhen  the  action  is  brought  by  virtue  of  the  pro- 
visions of  subdivision  eleven  of  section  twelve  hundred  and 
eighty-five  of  this  act,  the  plaintiff  shall  only  be  entitled  to  costs 
to  an  amount  equal  to  the  amount  of  the  recover}". 

§  1424.  In  an  action  brought  to  recover  a  sum  of  money  for 
wages  earned  by  a  female  employee,  other  than  a  domestic  ser 
vant;  or  for  material  furnished  by  such  an  employee,  in  the 
course  of  her  employment,  or  in  or  about  the  subject  matter 
thereof ;  or  for  both;  the  plaintiff,  if  entitled  to  costs,  recovers 
the  sum  of  ten  dollars  as  costs,  in  addition  to  the  costs  allowed 
in  a  district  court,  unless  the  amount  of  damages  recovered  is 
less  than  ten  dollars;  in  which  case,  the  plaintiff  recovers  the 
sum  of  five  dollars  as  such  additional  costs.    Where  the  em- 


CLERKS  OF  DISTRICT  COl  RTS. 


407 


ployee  is  the  plaintiff  in  such  an  action,  she  is  entitled,  upon  a 
settlement  thereof,  to  the  full  amount  of  costs,  which  she  would 
have  recovered,  if  judgment  had  been  rendered  in  her  favor,  for 
the  sum  received  hy  her  upon  the  settlement. 

*  1426.  Whenever  a  justice  of  the  court  of  common  pleas      '  !i 

*  J  *  Com  j).  1470. 

shaP  order  the  hond  of  a  marshal  to  he  prosecuted  in  any  of  the  When  ImjihI 
district  courts,  the  said  justice  upon  said  motion  may  award  the  ecuted  1>ns 
aggrieved  part  y  his  reasonahle  costs  ou  such  motion,  not  exceed- 
ing the  sum  of  ten  dollars,  which  shall  he  included  in  the  judg- 
ment obtained  upon  such  hond. 

§  1  tii»;.  The  rules  and  regulations  of  the  supreme  court  shall  & 
apply  to  the  district  courts,  as  far  as  the  same  can  he  made  ap-  Kui.s.  .t<-  „r 

plicahle,  and  such  changes,  alterations,  and  additions  as  shall  he  oi>pii.-.it.,,i^ 

•  I   .        ;         -ii  i        i  • •  ,rict  cm"**- 

from  time  to  tune  made  in  and  to  said  rules  and  regulations  hy 

said  supreme  court,  shall  affect  the  said  district  courts  in  the 

same  manner  as  the  said  supreme  court  is  affected  hy  them; and 

such  alterations,  changes,  and  additions  shall  he  as  binding  upon 

said  courts  as  upon  the  said  supreme  court. 

1427.  There  .shall  be  a  clerk  and  an  assistant  clerk  in  each  ltj2.ch-  U8- 

$$1.3. 

of  the  district  courts,  who  shall  be  appointed  by  the  justices  of  comp.ja». 

said  courts,  respectively;  they  shall  hold  office  for  the  term  of  m' '  . ...in"? 

six  years  from  the  date  of  appointment.    The  said  clerk  and  BTx.^rSi!1'1' 

assistant  clerk  shall  each  receive  a  salary  of  three  thousand  dol-  kn.t.'stb- 

lars  per  annum.    The  comptroller  is  authorized  and  directed  to  r^lmrp7n,ii,.ri.> 

pay  the  salary  of  the  clerks,  in  monthly  installments,  out  of  the  ,('">r^nl"'f'i."fin 

city  treasury.    The  clerk,  the  assistants,  or  deputy  clerks,  and  tor  fees. 

all  other  attendants  of  said  courts,  shall  receive  no  fees  or  com- 
pensation for  their  own  use  whatever,  for  any  services  by  them 
performed  by  virtue  of  their  oliices  other  than  their  salaries. 

§  1428.  It  shall  be  the  duty  of  the  clerk  of  each  of  these  £'^1','. >:"' 

eOlirts:  Duties  of 

clt*rks. 

J.  To  keep  the  seal  of  the  court,  and  affix  it  to  the  certificate 
of  the  transcript  of  the  docket  of  judgment,  or  any  other  certifi- 
cate, when  required  so  to  do. 

2.  To  record  the  proceedings  of  the  court. 

3.  To  keep  the  records  and  other  books  appertaining  to  the 
court. 

4.  To  tile  papers  delivered  to  him  for  that  purpose  in  any 
action. 

5.  To  attend  the  sitting  of  the  court  of  which  he  is  clerk,  to 
administer  oaths  in  an  action,  in  the  presence  of  the  court  and 
under  its  direction,  and  to  receive  the  verdict  of  the  jury. 

G.  To  authenticate  by  certificate  or  examplilieation  as  may  be 
required,  the  records  or  proceedings  of  the  court,  or  any  other 
paper  appertaining  thereto  and  filed  with  him. 


CLERKS  OF  DISTRICT  COURTS. 


7.  To  exercise  the  powers  and  perform  the  duties  conferred 
and  imposed  upon  him  by  this  title. 

8.  In  the  performance  of  his  duties  to  conform  to  the  direc- 
tion of  the  court. 

Office  hour*         y.  To  keep  his  office  open  for  the  transaction  of  business, 
every  judicial  day,  from  nine  o'clock  in  the  forenoon  to  four 
o'clock  in  the  afternoon. 
gMJ  1;J|.  §  142!*.  It  shall  ho  the  duty  of  the  clerk  of  each  of  these 

Payment  of      courts  to  collect  and  receive  all  the  fees  thereof,  including  the 
treasury        fees  allowed  by  law  in  summary  proceedings  to  recover  lands, 
(vlmphim'     and  to  account  for  and  pay  the  same  into  the  city  treasury, 
monthly,  under  oath,  on  the  first  day  of  each  and  every  month, 
or  within  three  days  thereafter,  which  account  shall  contain 
tl it-  title  of  each  case  and  the  amount  of  fees  received  therein, 
and  the  salary  of  such  clerk  shall  not  lie  paid  until  he  shall  have 
si;  accounted  and  paid,  and  he  shall  perform  no  service  until  he 
shall  have  received  the  legal  fees  thereof. 
can^i$&,w'      8  14:i0-   Bray  clerk  hereafter  appointed  shall,  before  he 
!.r"!'i.lrks'1M'K    ^'ders  on  the  performance  of  his  duty,  execute  and  file  with  the 
clerk  of  the  city  and  county  of  New  York  a  bond  in  the  penal 
sum  of  five  thousand  dollars,  with  two  or  more  sufficient  sureties, 
to  be  approved  by  the  mayor  or  one  of  the  judges  of  the  court  of 
common  pleas  (such  approval  to  be  indorsed  thereon),  to  the 
effect  that  he  will  faithfully  perform  the  duties  of  his  office,  and 
pay  into  the  city  treasury  all  moneys  he  may  receive,  belonging 
to  the  city,  and  to  pay  all  moneys  that  may  be  deposited  with 
him  in  any  ac'tion  to  the  party  entitled  to  the  same.    For  any 
and  every  breach  of  this  bond  the  court  of  common  pleas,  or  a 
judge  thereof,  may  order  the  same  to  he  prosecuted  in  the  name 
of  any  person  entitled  to  such  money. 
u.V&  cj  1431.  The  clerk  of  each  of  these  courts  is  authorized  to 

administer  oaths  in  the  city  of  New  York  in  the  same  manner 
and  with  like  effect  as  if  he  was  a  clerk  of  a  court  of  record. 
1858, en. s»,|i.        ^  1432.   Each  justice  appoints  the  officers  necessary  to 

1867,ch.344,$05,  ,  *     ,       ~.  ,  .    .     ,    ,  * 

comp.  im     attend  the  court.    Such  officers  or  attendants  appointed  before 

1880.  ch.  521,  §2.  .    1  r 

May  twenty-ninth,  eighteen  hundred  and  eighty,  receive  an 
annual  salary  of  twelve  hundred  dollars.    Such  officers  or  attend- 
ants appointed  after  May  twenty-ninth,  eighteen  hundred  and 
eighty,  receive  an  annual  salary  of  one  thousand  dollars. 
1866, ch.  745,  §i,       g  1433.  The  several  justices  of  the  district  courts  are  author 
.\ppointraent     ized  and  empowered  to  appoint  an  officer  for'each  district  court, 
interpreter.  ^0  s]ian  De  known  and  designated  as  district  court  interpreter, 
and  who  shall  hold  office  during  the  pleasure  of  the  justice  of 
the  court  to  which  he  is  appointed.    The  interpreters  shall  each 
satan- of       receive  an  annual  compensation  of  twelve  hundred  dollars. 


APPEALS  FROM   DISTRICT  COURTS.  49'J 

>}  1431.  The  justices  Of  the  district  courts  are  respectively  au-  Co.  proc.  jco, 
thorizod  to  appoint  a  stenographer  in  their  several  courts,  whose  1870, ch. 741  >i 
duty  it  shall  he  to  take  l  ull  stenographic  notes  of  all  proceedings 
in  trials  had  therein;  he  shall  hold  his  ollicc  during  the  pleasure 
of  the  justice  of  the  court,  and  shall  receive  a  salary  of  two  thou- 
sand dollars  per  annum. 

§1435.  The  justice  of  each  district  court  is  authorized  and  .iu.sti.vt.. 
empowered  to  appoint  a  janitor  for  such  court,  who  shall  hold         !  ..' 
ofliee  during  the  plcasun;  of  and  ho  suhject  to  the  direction  of 
the  justice  of  the  court  for  which  he  is  so  appointed.    He  shall  Salary, 
ho  paid  a  yearly  salary  of  nine  hundred  dollars. 

;i  143&  The  city  shall  furnish  at  its  expense  rooms,  furniture,  iy,;..-n  ;u 
blanks,  stationery,  and  fuel  for  these  courts.  '  p' 

>i  14:;7.  Words  used  in  this  title  in  the  past  or  present  tense  $«o, 
include  the  future  as  well  as  tho  past  or  present;  words  used  in  Application  of 
the  masculine  gender  include  the  feminine  and  neuter;  the  sin-  word8, 
gular  number  includes  the  plural  and  the  plural  the  singular;  the 
word  ''person"  includes  a  corporation  as  well  as  a  natural  per- 
son; writing  includes  printing  or  printing  paper;  "oath"  in- 
cludes altirmation  or  declaration;  "signature"  or  "subscrip- 
tion" includes  "  mark,"  when  the  person  cannot  write,  his  name 
being  written  near  it,  and  witnessed  by  a  person,  who  shall  write 
his  own  name  as  witness.    The  following  terms  also  named  in 
this  title  have  the  signilication  attached  to  them  in  this  section, 
unless  otherwise  apparent  from  the  context : 

1.  The  word  "attorney  V  signifies  an  attorney  of  the  supreme 
court  of  this  State,  duly  licensed  to  practice  as  such. 

2.  The  word  "district"  signifies  judicial  district. 

3.  The  word  "clerk"  signifies  the  clerk  of  the  court  where 
the  action  is  pending. 

4.  The  word  "marshal"  signifies  any  person  authorized  to 
perform  the  duties  of  a  marshal. 

5.  The  word  "  corporation  "  includes  every  association  having 
any  corporate  rights,  whether  created  by  special  acts  of  legisla-  . 
ture  or  under  general  laws. 

£  1438.  An  appeal  from  a  judgment  may  be  taken  in  the  co.civ.Proc. 
cases  and  in  the  manner  prescribed  in  articles  first  and  second  of  ]J™jeais. 
title  eighth  of  chapter  nineteenth  of  the  code  of  civil  procedure, 
with  respect  to  an  appeal  to  a  county  court  from  a  judgment 
rendered  by  a  justice  of  the  peace,  and  not  otherwise.    Such  an 
appeal  must  be  taken  to  the  court  of  common  pleas. 

^  1439.'  In  all  cases  of  appeal  from  the  decision  of  a  justice  of  i8t4.  ch.  .w.  §i. 

°  1  r  J  Comp.  1359. 

one  of  the  district  courts,  where  a  transcript  of  the  stenographer's  stenofrrapher* 
minutes  of  the  testimony  given  on  the  trial  becomes  a  necessary  fees' 
part  of  the  justice's  return,  the  stenographer's  fees  for  the  mak- 
ing of  such  transcript  shall  be  computed  at  the  rate  of  ten  cents 


CHIMKS  AND  MISDEMEANORS. 


If  f,,  cli.  Mil.  V-'i, 

Comp.  1835. 
Transcript  of 
process,  etc, 
certified,  to  be 

evidence. 


for  every  one  hundred  words,  and  be  paid  in  the  first  instance  by 
the  appellant,  and  afterward  be  taxable  by  him  as  a  disburse 
mont  In  the  appeal. 

|  1440.  A  transcript  of  the  process,  pleadings,  and  judgment 
had  before  any  of  tbe  said  justices,  of  the  execution  Issued 
thereon,  if  any,  and  the  return  thereon,  if  any,  when  subscribed 
and  certified  by  the  justice  or  clerk,  and  a  certificate  of  the  clerk 
of  the  city  and  county  of  New  York  indorsed  thereon  or  attached 
thereto,  under  tbe  seal  of  the  court  of  common  pleas  of  the  said 
county,  certifying  that  the  person  subscribing  such  transcript 
was,  at  the  date  of  such  judgment,  such  justice  or  clerk,  sball  be 
prima  facie  evidence  in  any  court  of  justice  in  this  State  to  prove 
tbe  facts  contained  in  such  transcript,  and  no  more. 


TitU 


Crimea  cui'd  Criminal  Procedure 


l8Br.cfa.415,  Ml, 

C'oujp.  1 133. 
Nuisances  near 
boundary  lines. 


Record  of  con 
viction  to  be 
filed. 


4  R.  S.  eh.  8, 
tit.  I,|28, 
Comp.  112. 

Jurisdiction  of 
criminal  courts 
in  New  York. 


1833.  ch.  11.  $11. 
Coinp.  1408. 
Punishment  for 
second  offense 


$  1111.  Whenever  any  nuisance  shall  be  erected  or  continued 
on  or  near  the  boundary  lines  of  the  counties  of  New  York, 
Westchester,  and  Queens,  the  same,  and  the  persons  by  whom 
such  nuisance  sball  bave  been  erected  or  continued,  may  be 
indicted  in  either  county  injuriously  affected  thereby  ;  and  there- 
upon the  same  proceedings  shall  be  had  and  taken,  and  the  sen 
tence  of  the  court  may  be  enforced  in  the  same  manner  as  if  the 
said  nuisance  was  situated  witbin  the  county  in  which  the  in- 
dictment was  found.  The  record  of  any  conviction  under  this 
section  shall  be  filed  in  the  clerk's  office  of  the  county  in  which 
such  nuisance  is  located  ;  and  thereupon  process  shall  be  issued 
to  the  sheriff  of  such  county  to  abate  such  nuisance  in  the  same 
manner  as  if  the  conviction  Was  had  in  the  county  in  which  the 
record  was  filed. 

<i  1442.  The  whole  of  the  Hudson  river,  southward  of  the 
northern  boundary  of  the  city  of  New  York,  and  the  whole  of 
the  bay  between  Staten  Island  and  Long  Island,  shall  so  far  be 
deemed  within  the  jurisdiction  of  the  city  and  county  of  New 
York  that  all  offenses  shall  be  cognizable  in  the  courts  of  crim 
inal  jurisdiction  held  in  and  for  the  said  city  and  county. 

£  1443.  If  any  person  convicted  of  an  offense,  punishable  by 
imprisonment  in  a  State  prison,  shall  be  discharged,  either  upon 
being  pardoned  or  upon  the  expiration  of  his  sentence,  and  shall 
subsequently  be  convicted  in  the  said  city  of  New  York  of  petit 
larceny,  or  of  an  attempt  to  commit  an  offense,  which,  if  com- 
mitted, would  be  punishable  by  imprisonment  in  a  State  prison, 
then  the  person  convicted  of  such  subsequent  offense  may  be 
punished  by  imprisonment  in  the  penitentiary  of  the  said  city, 
or  in  a  State  prison,  in  the  discretion  of  the  court  before  whom 


CRIMES    VN1)  M I S I ) K M K A N ( ) I iS . 


such  subsequent  conviction  shall  l.e  had,  lor  a  term  not  exceed 
ing  five  years. 

14-U.  Every  person  having  been  convicted  .'of  petit  larceny,  "  l« 
or  of  an  attempt  to  commit  an  offence,  which,  if  perpetrated, 
would  be  punishable  by  imj)risonment  in  a  State  prison,  and 
having  been  pardoned  or  otherwise  discharged,  who  shall  subse 
quently  be  convicted  in  the  said  city  of  Now  York  of  petit  lar 
cony,  or  of  any  attempt  to  commit  an  offense,  which,  if  perpe- 
trated, would  be  punishable  by  imprisonment  in  a  State  prison, 
may  bo  sentenced  by  the  court  before  whom  such  conviction 
may  be  had,  in  its  discretion,  to  imprisonment  either  in  the  pen 
itentiary  of  tho  said  city  or  in  a  State  prison  for  a  term  not  ex- 
ceeding five  years. 

§  1415.  If  any  person  in  said  citv  and  county  shal  lbe  found  bv  !*».<■"  «i- 

u  ~*  '  .  Coinp.  i  nc. 

Dlght  armed  with  any  dangerous  or  offensive  weapon  or  instru-  Persons  found 

ment  whatsoever,  with  intent  to  break  or  enter  into  any  dwell-  Scnuntention' 

ing-house  or  other  building  whatsoever,  and  to  commit  any  lar-  reiony,guiityot 

.     ,  .  misdemeanor, 

cenyor  felony  therein,  or  with  the  intent  to  commit  any  larceny 

or  felony  :  or  if  any  person  shall  be  found,  by  night,  having  in 
his  possession  any  pickdock,  key,  crow,  jack,  bit,  jimmy,  nip- 
pers, pick,  betty  or  other  implement  of  burglary  with  the  intent 
aforesaid  ;  or  if  any  parson  shall  be  found,  by  night,  in  any 
dwelling-house  or  other  building  whatsoever,  wiih  intent  to  com- 
mit any  larceny  or  felony  therein,  under  such  circumstances  as 
shall  not  amount  to  au  attempt  to  commit  felony,  every  such 
offender  shall  be  deemed  guilty  of  a  misdemeanor.  If  any  per-  ^'i«"nv ' ' 
son  shall  commit  any  such  offense  after  a  previous  conviction, 
either  for  felony  or  petit  larceny,  or  such  misdemeanor  as  afore- 
said, he  shall  be  deemed  guilty  of  felony,  and  may  be  punished 
by  imprisonment  in  a  State  prison  not  to  exceed  five  years. 

S  144G.  Whenever  anv  larceny  shall  be  -committed  in  said  J*50- ch ^ft*33- 

°  "  Comp.  i  llo. 

citv  and  countv,  bv  stealing,  taking  and  carrying  away  from  the  Robbery  from 

i  j  .         «•       n  i  i     a  r  •.    person  deemed 

person  of  another,  tho  offender  may  be  punished  as  for  grand  trnmd  larceny, 
larceny,  although  tho  value  of  tho  property  taken  shall  bo  less 
than  twenty-five  dollars.     Attempts  under  similar  circum- 
stances may  be  punished  as  for  attempts  to  commit  grand 
larceny. 

>>  1417.  Every  person  who  shall  lay  hand  upon  the  person  of  w 
another,  or  upon  the  clothing  upon  the  person  of  another,  in  ^^p0'*0"' 
said  city  and  county,  with  intent  to  steal,  as  a  pickpocket,  under 
such  circumstances  as  shall  not  amount  to  an  attempt  to  rob,  or 
an  attempt  to  commit  larceny,  shall  be  deemed  guilty  of  an 
assault  with  intent  to  steal,  and  shall  be  punished  as  is  now  pro- 
vided by  law  for  the  punishment  of  misdemeanors.  It  shall  not 
be  necessary  to  allege  or  prove,  in  any  prosecution  for  an  offense 
under  this  section,  any  article  intended  to  be  stolen,  or  the  value 
thereof,  or  the  name  of  the  person  so  assaulted. 


r,02 


CRIMES  AND  MISDEMEANORS. 


1888,  i  ll.  11, 

Oomp.  M07. 
Killing  through 

tllC  Streets. 


iv.',,  <-h  ;n).  v-'. 
C'ouip,  400. 

Oattle,  etc.,  not 
to  go  on 
u  tilk-- 


lsor,  ota.  ci'i.  |£ 

t'omp.  310. 

Penalty  for 
ill-facing  public 
urinals. 


1880,  ch.  358, 
SSI.  B. 

Soliciting  pat- 
ronage for 
hotels,  etc.,  on 
clocks,  etc..  pro- 
hibited without 
license. 


,5  1448.  Any  person  whosliall  drive  or  ride  any  horse  through 
any  stieet,  lane,  alley  or  public  place  in  the  city  of  New  York 
with  greater  speed  than  at  the  rate  of  live  miles  an  hour,  shall 
be  deemed  guilty  of  disorderly  conduct,  and  upon  conviction 
thereof  by  any  such  magistrate?,  either  upon  tlx-  confession  of 
the  party  or  competent  testimony,  may  be  fined  for  such  offense 
any  sum  not  exceeding  ten  dollars,  and  in  default  of  payment  of 
such  line,  may  be  committed  to  prison  by  such  magistrate  until 
the  same  be  paid,  but  such  imprisonment  shall  not  exceed  ten 
days. 

£  1449.  No  person  in  charge  of  any  cattle,  sheep,  pigs,  swine 
or  calves  shall,  if  able  to  prevent  it,  permit  any  such  cattle, 
sheep,  pigs,  swine  or  calves  to  pass  upon  or  across  any  sidewalks 
in  said  city,  and  any  person  violating  any  provision  of  this  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
be  punished  by  a  fine  of  not  less  than  ten,  -nor  more  than  fifty, 
dollars,  or  by  imprisonment  in  the  penitentiary  for  not  more 
than  thirty  days,  or  by  both  such  fine  and  imprisonment. 


1880,  ch.  353,  $4 
Licensed  per- 
sons to  wear 
badge. 


Id.  §5. 


j5  l  i:>o. 


Every  person  defacing  or  damaging  public  urinals 


maintained  by  the  department  of  public  works,  or  writing  or 
posting  notices,  figures  or  devices  thereon,  shall,  on  conviction 
before  any  police  justice,  be  subject  to  a  penalty  of  fifty  dollars, 
or  imprisonment  for  the  term  of  three  months  in  the  peniten- 
tiary, in  the  discretion  of  said  justice. 

§  1451.  Any  person  who  shall,  without  having  obtained  a 
license  as  provided  by  laAv,  carry  on  the  business,  or  engage  in 
the  occupation  of  soliciting,  upon  any  street,  public  highway, 
dock  or  pier,  or  in  any  park  or  square  in  the  city  of  New  York, 
or  upon  any  water  adjacent  thereto,  over  which  said  city  has 
jurisdiction,  patronage  for  any  hotel  or  inn,  or  passengers  or 
patronage  for  any  steamer,  steamboat,  ship,  vessel  or  railroad, 
or  for  any  person  or  corporation  selling  or  offering  for  sale 
passage  tickets,  or  contracting,  or  offering  to  contract,  for  pas- 
sage in  any  such  steamer,  steamboat,  ship,  vessel  or  railroad, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished 
by  imprisonment  for  not  less  than  three  months  nor  exceeding 
one  year. 

§  1452.  Every  licensed  person,  whenever  employed  in  solicit- 
ing passengers  or  patronage  for  steamers,  steamboats,  ships, 
vessels  or  railroads,  or  patronage  for  hotels  or  inns,  shall  wear 
conspicuously  upon  his  coat  a  metal  badge  containing  the  num- 
ber of  his  license,  said  badge  to  be  of  such  form  and  to  bear  such 
further  inscription  as  shall  be  prescribed  by  the  mayor  of  the 
city.  If  he  shall  fail  to  comply  with  the  provisions  of  this  sec- 
tion he  shall  be  liable  to  a  fine  of  not  less  than  twenty-five 
dollars  for  each  offense,  and  shall  also  forfeit  his  license.  No 


('HIM KS  AND  MISUKMKANOH.S. 


503 


person  not  duly  licensed  as  aforesaid  shall  wear  any  such  badge, 
or  any  badge  purporting  to  he  that  of  a  licensed  runner  or 
solicitor,  under  a  penalty  of  twenty-live  dollars  for  each 
offense. 

«j  14f>:>.  Whenever  a  conviction  shall  he  had  in  any  criminal 
court  in  the  city  of  New  York,  of  any  person  for  bin ing  or 
receiving  any  personal  property  feloniously  stolen  from  another, 
knowing  the  same  to  have  heen  stolen,  such  person  may  be 
sentenced,  in  the  discretion  of  the  court,  to  imprisonment  in  the 
penitentiary  of  the  said  city  for  the  saute  term  of  time  for  which 
such  person  may  hy  law  l»e  sentenced  to  imprisonment  in  a  State 
prison. 

1454.  All  persons  who  may  have  actually  abandoned  then- 
wives  or  children  in  the  city  of  New  York,  without  adequate 
support,  or  in  danger  of  becoming  a  burden  on  the  public,  or 
who  may  neglect  to  provide,  according  to  their  means,  for  their 
wives  or  children,  are  hereby  declared  to  be  disorderly  persons 
within  the  meaning  of  title  fifth  of  chapter  twentieth  of  pari 
first  of  the  revised  statutes,  and  may  bo  proceeded  against  as 
such  in  the  manner  directed  by  the  said  title.  And  it  shall  be 
the  duty  of  the  magistrate  before  whom  any  such  person  may 
be  brought  for  examination,  to  judge  and  determine  from  the 
facts  and  circumstances  of  the  case,  whether  the  conduct  of  any 
person  amounts  to  such  desertion  or  neglect  to  provide  for  his 
wife  or  children. 

£  1455.  Every  person  who  shall  threaten  to  abandon,  or  who 
shall  have  actually  abandoned  his  family,  wife,  or  child  in  the 
city  of  New  York  without  adequate  support,  or  in  danger  of 
becoming  a  burden  upon  the  public,  or  who  may  neglect  to  pro- 
vide, according  to  his  means,  for  his  family,  or  any  member  of 
said  family,  is  hereby  declared  a  disorderly  person. 

$  1450.  In  case  of  the  conviction  of  any  such  person  as  a  dis- 
orderly person,  the  magistrate  convicting  shall  mg,ke  an  order 
specifying  a  certain  sum  to  be  paid  to  tho  commissioners  of 
charities  and  correction  of  said  city,  weekly,  for  and  towards 
the  support  of  the  family  of  said  defendant ;  and  all  provisions 
of  law  in  relation  to  the  enforcement  of  orders  for  the  support  of 
bastard  children  in  said  city,  after  conviction,  shall,  as  far  as 
practicable,  apply  to  the  enforcement  of  any  order  made  in  pur- 
suance of  this  section,  by  the  magistrate  convicting  ;  except  that 
the  order  shall  be  for  the  stated  period  of  one  year,  and  that  any 
appeal  from,  or  amendment  to  said  order,  shall  be  exclusively 
for  the  action  of  the  court  of  special  sessions. 

§  1457.  No  person  who  shall  have  been  convicted  as  a  dis- 
orderly person,  as  aforesaid,  and  who  shall  have  been  committed 
to  prison,  in  pursuance  of  the  provisions  of  the  preceding  section 


IVnulty  fur 
fulse  rep- 
resentation. 
1880,  eh.  853,  |4. 


1K33.  ch.  II.  |18, 
Com  p.  1408. 

iiuyiiitf  itolen 
property, 


id.  jr. 
Coiiip.  i  lor. 

Persons  who 
abandon  their 
wives  or 
children. 


1860,  ch.  508,  $3 
Comp.  1412. 
Disorderly 
person*. 


Id.  {4. 

In  case  of  con- 
Tiction. 
0  Hun.  81* 


Id.  §o. 
How  dis- 
charged. 


* 


504 


DISORDERLY  CONDUCT. 


tmo.ch.  .W,  |80, 
Conip.  1410. 
Whnt  deemed 
disorderly  con- 
duct. 


Unmuzzled, 
vicious  dogs. 


Pn  ml  it  iite*. 


Threatening 

insulting  In 
liavlor. 


Id.  <i-S,. 
C'omp.  nr. 
Arrest  of  dis- 
orderly per- 
sons. 


1813,ch.  80,  $$39. 
40,  C'omp.  MSB, 
Disorderly  per- 
sons, how  dis 
charged. 


Bonds  or 
recognizances 


1S33,  ch.  11.  $8, 
I'omp.  1407. 
Surety  for  pood 
behavior. 


shall  be  discharged  therefrom,  without  the  written  approval  of 
the  magistrate  making  the  commitment ;  except  he  ho  dis 
charged  hy  a  court  of  competent  jurisdiction,  or  other  legal  pro- 
ceedings for  that  purpose. 

§  1458.  Every  person  in  said  city  and  county  shall  he  lt#med 
guilty  of  disorderly  conduct  that  tends  to  a  breach  of  the  peace, 
who  shall  in  any  thoroughfare  or  pitblir  place  in  said  city  and 
county  commit  any  of  the  following  offenses,  that  is  to  say: 

1 .  Every  person  who  shall  suffer  to  he  at  large  :«nv  unmuzzled, 
ferocious,  or  vicious  dog*. 

2.  Every  common  prostitute  or  night  walker  loitering  or  being 
in  any  thoroughfare  or  public  place  for  the  purpose  of  prostitu 
tion  or  solicitation,  to  the  annoyance  of  the  inhahitants  or  ftagf 
ers-by. 

?>.  Every  person  who  shall  use  any  threatening,  abusive,  or 
insulting  behavior  with  intent  to  pitN.dkU  a  breach  of  the  ptftjee 
or  whereby  a  breach  of  the  peace  may  bo  occasioned. 

£  1459.  Whenever  it  shall  appear,  on  oath  of  a  credible  wit- 
ness before  any  police  justice  in  said  city  and  county,  that  any 
person  in  said  city  and  county  has  been  guilty  of  any  such  dis 
orderly  conduct  as  in  the  opinion  of  such  magistrate  tends  to  a 
hreach  of  the  peace,  the  said  magistrate  may  cause  the  person 
so  complained  of  to  he  brought  before  him  to  answer  the  8aid 
charge. 

£  14G0..  It  shall  and  may  be  lawful  for  the  recorder  or  either 
of  the  police  justices  to  discharge  any  disorderly  person,  on  his 
or  her  entering  into  a  bond  or  recognizance,  with  such  security 
and  to  such  an  amount  as  may  be  deemed  proper  (but  if  not 
thought  necessary  may  be  dispensed  with)  to  the  mayor,  alder- 
men, and  commonalty  of  the  city  of  New  York,  conditioned  that 
such  disorderly  person  shall  leave  the  State  within  a  given  time, 
and  not  return  again  within  a  certain  given  time,  to  be  specified 
in  such  bond  or  recognizance,  and  also  to  be  of  good  behavior 
during  the  time  he  or  she  shall  remain  in  the  said  city,  previous 
to  his  or  her  leaving  the  same.  All  such  bonds  or  recognizances 
entered  into  as  aforesaid  shall  he  lodged  in  the  office  of  the  clerk 
of  the  said  cityof  New  York,  and  on  a  broach  of  the  condition 
thereof  it  shall  be  lawful  to  sue  and.  recover  on  any  such  bond 
or  recognizance  in  any  court  having  cognizance  thereof. 

§  1461.  In  all  complaints  before  any  magistrate  in  the  city  of 
New  York,  for  disorderly  conduct,  it  shall  be  lawful  for  such 
magistrate,  if  in  his  opinion  such  disorderly  conduct  tends  to  a 
breach  of  the  peace,  to  require  the  party  against  whom  such 
conduct  may  be  proved,  either  by  his  or  her  own  confession, 
or  by  competent  testimony,  to  give  sufficient  surety  or  sureties, 
for  his  or  her  good  behavior,  for  any  term  not  exceeding  twelve 


VA(iUANTS,  KTC 


months,  and  the  magistrate  who  may  have  required  such  surety 
ur  sureties  may.  in  his  discretion,  at  anytime  discharge  the 
same. 

jj  1402.  Any  pei-son  convicted  as  a  disorderly  person  must  he 
committed  hy  the  magistrate  to  the  city  prison  or  penitentiary 
for  not  exceeding  six  months  at  hard  labor,  or  until  he  give  the 
security  required  hy  law  or  either. 

140:5.  If  any  child  shall  he  found  in  a  state  of  want  and  sut 
fering,  or  heing  ahandoned  or  improperly  exposed,  or  neglected 
hy  its  parents,  or  such  other  person  as  may  have  it  in  charge,  or 
begging  for  alms,  or  soliciting  charity  from  door  to  door,  or  in 
any  street,  highway,  or  public  place  within  the  city,  the  recorder 
or  any  police  justice  shall,  on  complaint  and  competent  proof 
thereof,  commit  such  child  to  the  alms-house  or  other  place 
provided  for  the  support  of  the  poor,  to  be  kept  employed  and 
instructed  in  useful  labor,  until  discharged  by  the  commissioners 
of  charities  and  correction,  or  until  bound  out  by  said  commis- 
sioners as  an  apprentice  by  them  ;  and'  the  aforesaid  provisions 
shall  extend  to  the  children  of  all  such  persons  as  may  be  con 
victed  of  being  common  prostitutes,  or  keepers  of  bawdy  houses, 
or  houses  for  the  resort  of  common  prostitutes. 

$1^64.  All  persons  who,  being  habitual  drunkards,  are  desti- 
tute and  without  visible  means  of  support,  or  who,  being  such 
habitual  drunkards,  shall  abandon,  neglect,  or  refuse  to  aid  in 
the  support  of  their  families,  who  may  be  complained  of  by  such 
families  ;  all  persons  who  shall  have  contracted  an  infect- 
ious or  other  disease  in  the  practice  of  drunkenness  or  debauch 
ery  requiring  charitable  aid  to  restore  them  to  health  ;  all  com- 
mon prostitutes,  who  have  no  lawful  employment  whereby  to 
maintain  themselves  ;  all  able-bodied  or  sturdy  beggars  who  may 
apply  for  alms  or  solicit  charity  ;  all  persons  wandering  abroad, 
lodging  in  watch-houses,  out-houses,  market  places,  sheds, 
stables,  or  uninhabited  buildings,  or  in  the  open  air,  and  not 
giving  a  good  account  of  themselves  ;  all  persons  wandering 
abroad  and  begging,  or  who  go  about  from  door  to  door,  or  place 
themselves  in  the  streets,  highways,  passages,  or  other  public 
places,  to  beg  or  receive  alms,  within  the  said  city,  shall  be 
deemed  vagrants. 

§  1465.  It  shall  be  the  duty  of  every  peace  officer,  whenever 
required  by  any  person,  to  carry,  convey,  or  conduct  such 
vagrant  before  the  recorder  or  one  of  the  police  justices,  for  the 
purpose  of  examination.  If  such  magistrate  be  satisfied  by  the 
confession  of  the  offender  or  competent  testimony,  that  such  per- 
son is  a  vagrant  within  the  description  aforesaid,  he  shall  make 
up  and  sign  a  record  of.  conviction  thereof,  which  shall  be  filed  in 
the  office  of  the  clerk  of  the  court  of"  sessions  ;  and  shall  bv  war- 


IHMI.  ch.  448, 


1833,  ch.  11,  J18. 

Oomp,  1409. 
children  aban- 
doned by 
parents 


1381. ch.  442  $893. 


1S33,  ch.  11,  SI. 
Comp.  140ti. 
Persons  who 
shall  be  deemed 
vagrants. 


Id.  S§2,  3. 
Examination. 


Committed  to 
alms-house  or 
penitentiary. 


VAGRANTS,  ETC. 


rant,  under  his  band,  commit  such  vagrant,  if  not  a  notorious 
offender,  and  he  he  a  proper  object  for  such  relief,  to  the  alms- 
house for  any  time  not  exceeding  six  months,  there  to  be 
kept  at  hard  laljtpr  j  or  if  the  offender  he  an  improper  person  to 
he  sent  to  the  alms-house,  then  such  person  shall  be  committed 
for  the  like  time  to  the  penitentiary. 
in«7,  oh.  4oo,  ji,     <$  14/66.  Whenever  any  female  between  the  ages  of  fourteen  and 

Comp.  1411.  °  *  l  l     n  i 

wii.-n  f.-imii..s  twenty-one  years,  shall  be  brought  by  the  police,  or  shall  volun- 
S'lousocf "  "  tarily  appear  before  a  committing  magistrate  in  the  city  of  New 
York,  charged  with  being  a  prostitute,  or  admitting  herself  to  be 
such,  and  professing  a  desire  to  reform,  and  it  shall  appear  that 
such  female  lias  never  been  an  inmate  of  the  penitentiary,  such 
magistrate  shall  make  an  order,  that  in  lieu  of  being  committed  to 
the  work -house  or  penitentiary,  the  said  female  shall  be  removed 
to  and  detained  in  one  of  the  following  institutions,  viz.:  The 
Protestant  Episcopal  House  of  Mercy,  New  York ;  the  Roman 
Catholic  House  of  the  Good  Shepherd,  foot  of  Eighty-ninth 
street  ;  or  the  Magdalen  Female  Benevolent  Asylum  and  Home 
of  Fallen  Women,  provided  that  the  magistrate  shall  designate 
in  such  order  as  the  place  of  detention  such  one  of  the  institu 
tions  above  named  as  may  be  selected  by  the  person  so  com- 
mitted, unless  notice  shall  have  been  received  from  such  institu- 
tion that  there  is  not  room  for  the  reception  of  further  inmates. 
1844, ch. sis,  «$  14tJ7.  In  cases  of  offenses  committed  in  the  city  and  county 

art  4,  |U.  •  i  «. 

comp.  li.ii      of  New  York  upon  persons  being,  at  the  time  of  the  offense 
'i^of  offMisPK  committed,  in  the  said  city  and  county,  and  being  non-residents 
.'iKail'st  "       of  the  said  city  and  county,  either  upon  the  person  of  such  non- 
residents  or  by  taking  or  receiving  from  such  non-residents 
money  or  property,  the  district  attorney  may  apply  to  any  judge 
of  said  city  and  county,  possessing  the  powers  of  the  supreme 
or  superior  court  or.  court  of  common  pleas,  for  an  order  to  take 
1  he  testimony,  de  bene  esse,  of  all  witnesses  in  the  matter  being 
in  but  not  residing  in  said  city  and  county;  such  judge,  in  his 
discretion,  may  grant  an  order  so  to  take  such  testimony,  which 
order  shall  specify  the  length  of  notice  of  such  examination 
Notice  to  be     that  shall  be  given  to  the  accused.    The  district  attorney  shall 

served  on  °  ' 

accused.  serve  upon  the  accused  the  notice  so  directed  by  such  judge,  the 
witness  shall  be  examined  in  the  presence  of  the  accused,  his 
direct  and  cross-examinations  shall  be  reduced  to  writing  in 
questions  and  answers,  and  shall  be  signed  by  the  Avitness  and 
certified  by  the  judge;  the  examination  shall,  by  the  officer 
taking  the  same,  be  filed  in  the  office  of  the  clerk  of  the  court 
of  sessions  in  the  city  and  county  of  New  Y^ork,  and  may  be 
used  before  a  grand  jury,  and  all  courts  and  tribunals  having 
jurisdiction  of  the  subject-matter,  in  the  same  manner  and  with 
the  like  effect  as  the  witness  could  be,  were  he  personally  pres- 


RECOGNIZANCES. 


cut  upon  the  trial  of  the  accused;  all  questions  may  !>;•  raised  as 
to  the  admissibility  of  the  testimony  of  the  witness,  and  to 
questions  and  answers  that  could  be  raised  to  witness  and  his 
examination  in  open  court. 

^  14t'»S.  The  examination  of  a  non-resident  witness,  or  a  wit 

...  art  :t. 

ness  about  to  depart  beyond  the  jurisdiction  of  the  court,  may,  Oomp  mm 
on  the  application  of  the  district  attorney,  or  the  party  accused, 
upon  his  giving  notice  to  the  district  attorney,  betaken  in  the 
manner  provided  in  the  last  section. 

j5  14(59.  In  all  cases  in  which,  by  the  provision  of  titles  fust  isss, ch.  ilh 
and  second  of  chapter  second  of  part  fourth  of  the  revised  i^XJ,,',,, 
statutes,  any  magistrate  in  the  city  of  New  York  might  require  J;,',^'1' ''''' 
any  person  to  enter  into  a  recognizance,  with  sufficient  surety 
or  sureties,  to  appear  at  the  next  court  of  general  sessions,  it 
shall  be  lawful  for  any  such  magistrate,  either  in  addition 
thereto  or  in  lieu  thereof,  to  require  any  such  person  to  enter 
into  a  recognizance,  with  sufficient  surety  or  sureties,  to  keep 
the  peace  to  the  people  of  this  State,  and  particularly  to  any  per- 
son requiring  such  security  for  a  term  not  exceeding  twelve 
months;  and  in  default  of  giving  such  recognizance,  with  suffi- 
cient surety  or  sureties,  to  commit  such  person  until  the  same 
may  be  entered  into,  and  the  magistrate  who  may  have  required 
such  sureties  may,  in  his  discretion,  at  any  time  discharge  the 
same. 

>j  1470.  Every  recognizance  taken  by  any  court,  or  by  any  m  (.h  m  ... 
magistrate,  coroner,  or  other  officer,  to  appear  and  answer  at  1428 
any  court,  and  the  complaint,  inquisition,  affidavits,  and  other  recognizance* 
papers  upon  which  such  recognizance  is  founded,  shall  be  filed 
in  the  office  of  the  clerk  of  the  court  at  which  the  party  is 
thereby  recognized  to  appear,  within  ten  days  after  the  same  is 
so  taken. 

^  1471.  Whenever  a  recognizance  to  keep  the  peace  or  to  be  i86o,ch. 506,$iq, 
of  good  behavior  shall  be  ordered  by  any  magistrate  or  court  in  cost^bywhom 
said  city  and  county,  the  said  magistrate  or  court  may  require  pald 
the  person  so  ordered  to  enter  into  such  recognizance,  to  pay 
one  dollar  as  the  costs  of  such  proceeding,  and  in  default  of  pay- 
ment thereof,  may  commit  the  person  so  ordered  to  prison  until 
the  same  be  paid,  for  a  period  not  to  exceed  one  day.    All  costs  wnenandto 
collected  in  pursuance  of  this  section  shall  be  paid  over  forth-  nrhomi)a1d- 
with,  if  collected  in  a  court  of  record,  to  the  clerk  of  such  court : 
and  if  collected  in  a  police  court  or  elsewhere,  to  the  chief  clerk 
of  the  police  court  of  the  district  in  which  such  costs  shall  have 
been  levied.    All  moneys  so  collected  shall  be  paid  over  to  the  Moneys  to  i,e 
city  treasury,  in  like  manner  and  for  a  like  purpose  as  other  g«wS£ 
costs,  fees,  fines,  or  emoluments  are  now  directed  by  law  to  be 
paid  by  such  clerks. 


violated 
Forfeiture 


SOS  RECOGNIZANCES. 

c^phwl' ,!<  §  u^2-  Kvtuy  recognizance  to  keep  the  peace,  or  to  be  of  good 
tokeeStS?0*'  1>onavior>  or  for  ^ot"  (except  bucIi  rec  ognizances  for  good  Jae- 
peaoe.  Jiavior  as  shall  be  taken  on  conviction  of  disorderly  persons,  and 

such  recognizances  to  keep  the  peace  as  shall  be  made  returnable 
to  the  court  of  general  sessions  of  the  peace),  that  shall  be  entered 
into  in  the  city  and  county  of  New  York,  shall  be  forthwith 
filed  in  the  office  of  the  clerk  of  thocourt  of  special  sessions;  and 
whenever  it  shall  appear  that  any  such  recognizance  has  been 
IteSSnSen  violated,  it  shall  be  the  duty  of  the  district  attorney  in  said 
county  to  move  before  the  said  court  of  special  sessions  for  the 
forfeit  lire  of  the  recognizance.  The  said  court  of  special  sessions 
may,  upon  proof  of  the  violation  of  any  such  recognizance,  direct 
the  same  to  be  forfeited,  by  an  order  entered  in  their  minutes; 
and  the  clerk  of  said  court  shall  return  the  said  recognizance, 
when  forfeited,  with  a  certified  copy  of  the  minutes  of  forfeiture, 
to  the  said  district  attorney,  that  it  may  be  presecuted.  Any 
act  or  behavior  on  the  part  of  the  principal  in  such  recognizance 
which  would  have  been  cause  for  an  order  to  find  surety  for 
good  behavior  or  to  keep  the  peace  in  the  first  instance,  shall  be 
deemed  a  breach  of  the  condition  of  such  recognizance. 
(^iphin-ii  ^  i  §  14f 8.  Whenever  any  recognizance  to  keep  the  peace,  or  to 
nnee,  where  be  of  good  behavior,  shall  be  discharged  before  the  expiration  of 
the  period  for  which  it  shall  have  been  taken,  the  court  or  magis- 
trate discharging  may  require,  as  a  condition  of  such  discharge, 
that  a  fine  not  to  exceed  the  amount  a  police  justice  in  said  city 
is  authorized  to  inflict  for  disorderly  conduct  tending  to  a  breach 
of  the  peace,  shall  be  paid,  for  the  use  of  the  city  of  New  York. 
And  all  fines  so  paid  into  any  police  court  of  said  city,  or  into 
the  court  of  special  sessions  aforesaid,  shall  be  paid  into  the  city 
treasury,  under  like  provisions  as  exist  for  the- payment  of  fines 
collected  in  either  of  said  courts  for  the  use  of  said  city. 
c^£bm£' ST'  £  1^74.  "Whenever  complaint  on  oath  or  in  writing  shall  be 
Breach  of       made  before  any  one  of  the  police  justices,  that  any  person  has 

recognizance. 

committed  a  breach  of  the  condition  of  any  recognizance,  the 
forfeiture  and  prosecution  of  which  is  provided  for  in  section 
fourteen  hundred  and  seventy-two,  the  said  justice  may  issue  his 
warrant  for  the  arrest  of  said  persons  so  complained  of ;  and 
upon  said  person  being  brought  before  him,  the  said  justice  shall 
proceed  in  the  same  manner,  as  far  as  practicable,  as  is  prescribed 
1881.  ch.  442.  by  law  for  the  prosecution,  examination,  discharge,  committal, 
or  bailing  of  persons  charged  with  misdemeanors  before  police 
justices  in  said  city.  In  case  the  person  so  complained  of  can- 
not be  found  within  thirty  days  it  shall  be-  the  duty  of  said 
police  justice  to  return  said  complaint  to  said  court  of  special 
sessions  in  the  same  manner  as  complaints  for  misdemeanors  are 
returned,  with  his  certificate  of  the  fact;  and  the  said  court  of 


1595. 


» 


Kl  I  •  KJN1ZAN<  BS. 


Bpeda]  BOSBionG  shall  proceed  thereupon  a-  provided  in  sections 

fourteen  hundred  and  seventy-five,  fourteen  hundred  and  Beventy 

seven  and  fourteen  hundred  and  seventy-*  ight. 

g  1475.  Upon  such  complaint,  mentioned' in  the  preceding  aSa^iiSt^ 
section,  bein<r  sent  to  said  court  of  special  sessions,  the  said  court  of  special 

'  o  it  MMlons  to  ei- 

COUrt  shall  thereupon  proceed  to  examine  and  determine  the  same,  ,""i,">  lnto 
in  like  manner  as  complaints  in  cases  of  misdemeanors  are  heard 
and  determined  in  said  court ;  and  if  it  shall  appear  to  said  court 
that  the  principal  in  such  recognizance  has  committed  a  breach 
of  the  condition  of  such  recognizance,  the  said  court  shall  there- 
upon pronounce  such  judgment,  and  that  the  recognizance  be 
forfeited  as  aforesaid. 

§  1470.  The  recognizance  taken  from  any  person  so  com-  w.|0 
plained  of,  in  pursuance  of  the  provisions  of  the  last  section  but 
one,  shall  he  exclusively  for  appearance  at  the  court  of  special 
sessions  aforesaid,  and  it  may,  as  well  as  any  other  recognizance 
which  the  said  justices  may  he  authorized  to  take  for  the  appear- 
ance at  said  court  of  sessions  of  any  person  charged  with  a 
criminal  offense,  or  with  any  misconduct  whatever,  require  as  a 
condition  of  such  recognizance,  that  in  the  meaptime  and  unt  il 
such  recognizance  shall  have  been  discharged,  the  said  person  so 
recognized  shall  keep  the  peace  or  he  of  good  behavior,  or  both, 
towards  the  people  of  the  State  of  New  York  ;  and  such  recog-  Recognizance 

1      c  id     lor  appearance. 

nizances  shall  be  subject  to  forfeiture  and  prosecution  in  like 
manner  as  is  provided  in  section  fourteen  hundred  and  seventy- 
two  for  the  forfeiture  and  prosecution  of  recognizances  hy  the 
court  of  special  sessions  and  district  attorney  aforesaid. 

§  1477.  Whenever  it  shall  appear  to  the  said  court  of  special  m.  sw. 
sessions  that  any  breach  of  the  conditions  of  any  recognizance  diuons.0  0  D 
has  been  made,  the  forfeiture  and  prosecution  of  which  is  pro- 
vided for  in  sections  fourteen  hundred  and  seventy-two,  or 
fourteen  hundred  and  seventy-six,  the  said  court  shall  have 
power  to  cause  the  principal  in  said  recognizance  to  be  brought 
before  it.  If  it  shall  appear  that  the  principal  cannot  be  found, 
then  the  said  court  sliall  cause  reasonable  notice  to  be  given  to 
the  surety  or  sureties,  who.  if  the  principal  does  not  appear  may 
come  in  and  defend,  but  in  case  there  be  no  appearance  of  prin- 
cipal or  surety  after  such  notice,  or  no  defense,  the  said  court 
may  proceed  to  examine  and  determine  the  said  matter  with  the 
like  power,  force,  and  effect  as  if  the  principal  or  surety,  or  both, 
were  present  and  defending. 

§  1478.  Whenever  any  person  shall  have  been  recognized  to  ap-  pui*^er  re 
pear  at  the  said  court  of  special  sesaions,  and  shall  have  appeared  nizance. 
as  bound  by  such  recognizance,  and  said  court  shall  have  heard 
the  matter  in  pursuance  of  which  such  recognizance  shall  have 
been  taken  the  said  court  mar.  in  its  discretion,  and  if  the 


PKOSKI  i  riON  OF  KEOOONIZANCKS. 


Act  to  apply 
in  other  I 


I8flt),ch.508,*ll, 
Coinp.  1415. 
Prosecution  of 
recognizances. 


1*11.  <h.  B15, 
«rt.  4,  JK, 
Comp.  1-106. 

Recognizances, 

when  forfeited, 
«  liere  liled 

8  Daly,  365;  59 
N.  Y.  88; 
J  Sun,  885 
See  1861,  en. 
:i33. 

|8,  Comp.  lf.'8. 


1844,  ch.  315,  §9, 
Comp.  I486. 
Costs  and  fees. 


ISrti,  eh.  316,  §1, 
Comp.  1429. 
Vacation  of 
judgment  on 
forfeited 
recognizances. 


tircumstances  of  the  case  seem  to  demand  it,  determine  and 
require  limit  the  principal  in- such  recognizance  do  enter  into  a 
further  recognizance  to  keep  the  peace, or  to  be  of  good  behavior, 
or  both,  towards  the  people  of  the  State  of  New  York  for  a 
period  not  to  exceed  one  year;  and  in  default  thereof,  commit 
aid  principal  to  prison  till  ho  be  discharged  therefrom  according 
to  law.  The  provisions  of  this  section  -hall  also  apply,  as  far  as 
practicable,  to  any  person  who  shall  come  before  said  eourt, 
with  or  without  process,  for  any  misdemeanor  or  misconduct 
whatever. 

1470.  AU provisions  of  law  in  relation  to  the  prosecution  of 
recognizances  for  appearance  of  persons  charged  with  crimes  and 
misdemeanors  in  said  city,  after  forfeiture,  shall,  as  far  as  prac- 
ticable, apply  to  the  prosecution  of  any  recognizance  provided 
for  by  section  fourteen  hundred  and  seventy-four. 

§  1480.  All  recognizances  given  to  answer  to  a  charge  pre- 
ferred, or  for  good  behavior,  or  to  appear  and  testify  in  all  cases 
cognizable  before  any  court  of  criminal  jurisdiction,  on  being 
foifeited,  shall  be  filed  by  the  district  attorney,  together  with  a 
certified  copy  of  the  order  of  the  court  forfeiting  the  same,  in 
the  office  of  the  clerk  of  the  said  city  and  county,  and  there- 
upon the  said  clerk  shall  docket  the  same  in  the  book  kept  by 
him  for  docketing  of  judgments,  transcripts  whereof  are  filed 
with  him  as  such  clerk,  as  if  the  same  was  the  transcript  of  a 
judgment  record  for  the  amount  of  the  penalty;  and  the  recog- 
nizance, and  the  certified  copy  of  the  order  forfeiting  the  recog- 
nizance, shall  he  the  judgment  record:  such  judgment  shall,  in 
good  faith,  be  a  lien  on  the  real  estate  of  the  persons  entering 
into  such  recognizauce,  from  the  time  of  filing  said  recognizance 
and  copy,  order  and  docketing  the  same,  as  in  this  section 
directed;  an  execution  may  be  issued  to  collect  the  amount  of 
said  recognizance,  in  the  same  form  as  upon  a  judgment  recov- 
ered in  the  court  of  common  pleas  of  said  city  aud  county,  in  an 
action  of  debt,  in  favor  of  the  people  against  the  persons  enter- 
ing into  such  recognizance. 

§  1431.  All  the  costs  and  fees  to  be  charged  for  entering  such 
judgment  and  filing  the  necessary  papers,  shall  be  the  usual  fees 
to  the  clerk  for  filing  papers  and  entering  judgments;  the  dis- 
trict  attorney  shall  receive  no  fee  or  compensation  for  his  ser- 
vices in  the  matter,  his  salary  being  deemed  compensation  for  all 
such  services. 

§  1482.  The  court  of  common  pleas,  upon  thm  certificate  of 
the  district  attorney  that  the  people  of  the  State  of  New  York 
have  lost  no  rights  by  reason  of  the  failure  of  a  surety  to  pro- 
duce a  principal  in  compliance  with  the  terms  of  a  recognizance 
given  by  them,  and  that  by  reason  of  the  principal  being  pro- 


I'ltOSKCl'TlON  1)1''  UhVOCNIZANCKS. 


..I  1 


duced  the  said  people  of  the  State  of  New  York  arc  in  as  good  a 
position  to  prosecute  said  principal  as  when  such  failure  oc- 
curred, may,  upon  such  terms  as  aiv  just,  l>y  order,  vacate  and 
set  aside  any  judgment  heretofore  entered,  or  that  may  he  hen: 
after  entered,  upon  the  forfeiture  of  such  recognizance  against 
such  principal  or 'surety,  or  either  of  them,  cm  payment  to  the  . 
ehamherlain  of  all  costs  included  in  such  judgment,  and  of  all 
expenses  incurred  in  the  apprehension  or  recapture  of  such 
principal. 

§  14s;?.  Any  one  of  the  judges  presiding  at  the  court  of  gen-  tern, oh. m. |i, 
eral  sessions  of  the  peace  in  and  for  the  city  and  county  of  New  u 
York,  and  any  justice  presiding  at  court  of  oyer  and  terminer  in  rouajudg 
said  county  in  whichever  court  any  recognizances  shall  he  for-  Mttf  racogni 
feited  may,  upon  the  certificate  of  the  district  attorney  that  the  ™Sniay  ^ 
people  of  the  State  of  New  York  have  lost  no  rights  hy  reason 
of  the  failure  of  a  surety  to  produce  a  principal  incompliance 
with  the  terms  of  a  recognizance  given  hy  them,  and  that  hy 
reason  of  the  principal  being  produced  the  said  people  of  the 
State  of  New  York  aie  in  as  good  a  position  to  prosecute  said 
principal  as  when  such  failure  occurred,  whether  such  principal 
has  been  tried  or  whether  a  nolle  prosequi  has  been  entered  or 
not,  by  order  vacate  and  set  aside  or  modify  any  judgment  here- 
tofore entered  or  that  may  be  hereafter  entered  upon  the  forfeit- 
ure of  such  recognizance  against  such  principal  and  surety,  or 
against  oither,  and  as  to  either,  on  payment  to  the  chamberlain 
of  all  costs  included  in  such  judgment  or  judgments,  and  of  all 
expenses  incurred  in  the  apprehension  or  recapture  of  such 
principal,  and  if  such  fine  shall  have  been  paid  or  judgment  col-  Repayment  of 
lected,  in  whole  or  in  part,  upon  such  forfeited  recognizance,  the  > 
court  may,  in  its  discretion,  direct  the  same  or  any  part  thereof 
to  be  remitted,  and  the  officer,  district  attorney,  or  chamberlain, 
in  whose  hands  the  money  remains,  must  pay  the  same  or  the 
part  remitted,  according  to  the  order,  retaining  the  costs,  if 
any,  as  aforesaid. 

$5  14S4.  The  clerk  of  the  county  where  said  judgment  is  dock-  id.  ss. 
eted,  upon  the  receipt  of  a  duly  certified  copy  of  the  order  of  [.iw.1"™'" 
such  court  vacating,  remitting,  or  modifying  such  judgment, 
shall  enter  the  same  upon  his  docket,  and  the  judgment  referred 
to  in  said  order  shall  thereupon  be  and  become  vacated,  re- 
mitted, or  modified  in  accordance  with  the  terms  of  said  order. 

§  14S5.  Whene  ver  any  magistrate  in  said  city  and  county  iaiocii.GO8.ii0, 
shall  make  an  order  requiring  any  person  to  enter  into  a  recog-  Sy^^ 
nizance  for  his  appearance  at  any  court  in  said  city  and  county,  ">«    to  ^ 
the  said  magistrate  ma)-  authorize  any  other  magistrate  of  said 
city  and  county  to  let  said  person  to  bail,  either  before  or  after 
commitment;  and  any  recognizance  so  taken  sball  be  of  the 


NO  PEES  TO  BE  RECEIVED  FOK  ABRE8T6,  BT(  . 


IWfcl,  ch.  II,  S'J, 
<  lomp,  HOH. 
Power  of  police 
justices. 


IKIli,  ell. 

nil.  8,  $K, 

( lomp.  1 IS5. 

Mail,  by  whom 
lo  l)C  taken. 


1844,  .  li  818,  Si 
( lomp,  yaw. 

Habeas  corpus. 


liail 


)S4«.  ch.  SK. 
art  3,  §7, 
Conip.1425. 
Pro  vision  re- 
specting bail. 


IS61.  ch.  333,  SI. 

Oomp.  1428. 
When  fines  re- 
duced or  reinit- 
<«d. 

:»9  N.  Y.  83. 


same  power,  force,  and  effect  aw  if  taken  by  the  magistrate 
making  the  order. 

<s  1486.  The  police  justices  shall  respectively  have  power  to 
to  let  to  bail,  before  indictment,  in  all  cases  where  a  judge  of 
of  the  court  of  general  sessions  in  the  said  city  is  authorized  by 
law  to  let  to  bail. 

<J  14S7.  No  officer,  other  (ban  the  committing  magistrate, 
shall  let  to  bail  any  person  charged  with  a  criminal  offense,  un- 
less notice  of  the  application  to  bail  such  person  shall  have  been 
given  to  the  district  attorney  of  the  city  and  county  of  New 
York,  at  least  two  days  before  such  application,  specifying  the 
name  of  the  oflicer,  the  time  and  place  when  and  where  suchap 
plication  will  be  made,  and  the  names  and  residence  of  the  pro- 
posed hail,  and  the  original  commitment  and  proofs  upon  which 
it  is  founded,  shall  have  been  presented  to  the  oflicer  to  whom 
the  application  for  bail  is  made.  The  persons  having  the  cus- 
tody of  such  commitment  and  proofs  shall,  when  required  in 
writing,  produce  the  same  before  the  oflicer  last  mentioned. 

?;  14-ss.  There  shall  be  no  costs  or  fees  charged  or  received 
upon  any  proceeding  upon  writs  of  habeas  corpus,  either  by  the 
judge  granting  them,  or  by  the  officer  serving  them,  or  the  jailor 
obeying  their  orders  ;  and  the  judge  before  whom  the  matter 
shall  be  heard,  shall,  if  the  case  be  bailable,  and  the  amount  of 
bail  shall  have  been  fixed  by  the  committing  magistrate,  only 
determine  whether  the  party  is  lawfully  committed,  or  is 
legally  chargeable  with  the*  offense  imputed,  and  shall  not  adju- 
dicate upon  the  question  of  bail.  The  amount  of  bail  ordered 
by  the  committing  magistrate  shall  in  such  cases  only  be  altered 
by  a  court  having  jurisdiction  of  the  offense  for  which  the  pris- 
oner was  committed  ;  and  any  officer  violating  the  provisions  of 
this  section  shall  be  guilty  of  a  misdemeanor,  and  shall  be  sub- 
ject to  the  pains  and  penalties  for  such  offense. 

£  14S9.  No  officer  authorized  to  let  to  bail  a  person  charged 
with  any  criminal  offense  shall  accept  as  bail  any  member  of  the 
police  department,  keeper,  assistant  keeper,  or  turnkey  of  any 
prison  or  place  of  detention  for  persons  charged  with  any  crimi 
nal  offense,  or  any  attorney  or  counsellor  practicing  in  the  court 
of  sessions. 

§  1490.  No  fine  imposed  by  any  court,  for  any  criminal  offense, 
shall  be  remitted  or  reduced,  except  upon  an  application  made  in 
open  court,  and  upon  proof  that  two  days'  notice  in  writing  of 
such  application,  and  copies  of  the  papers  upon  which  the  same 
is  founded,  have  been  served  upon  the  district  attorney  of  the 
county  in  which  the  conviction  was  had,  and  by  an  order  of  the 
court,  entered  by  the  clerk  thereof  in  its  minutes. 


So  FEES  TO  BE  RECEIVED  FOB  AJRBEST8,  ETC 


1401.  No  fees  or  compensation  shall  be  charged  or  received  »**»•*- «-■■ 

by  any  magistrate,  clerk,  oflicer,  or  policeman  for  the  arrest  of  ro"»P  "» 
<.         .,  ,  .  .  ...  Restriction, 

any  prisoner,  or  for  mileage,  or  tor  receiving  any  prisoner  into 

the  prison,  or  fur  discharging  him  from  the  same:  and  no  fees 
or  costs  shall  he  charged  or  received  for  the  issuing  of  any  war 
rant,  subpoena,  or  other  process,  or  for  the  taking  of  a  com- 
plaint, bail,  or  affidavit,  except  as  otherwise  specially  provided. 
An}'  magistrate  or  oflicer  violating  the  provisions  of  this  section 
sliall  be  guilty  of  a  misdemeanor,  and  shall  be  subject  to  the 
pains  and  penalties  for  such  an  offense. 

g  1402.  No  alderman  shall  sit  or  act  a<  a  magistrate  in  any  compett^' 
judicial  matter  or  proceeding. 

§  1403.  All  commitments  of  offenders  other  than  to  the  peni-  r(]Ilnl',1I 53 

tentiarv,  or  State  prison,  shall  be  to  "the  keeper  of  the  city  K'--r-rs  "r 

prison  of  the  citv  of  New  York."    The  keeper  of  the  peniten-  «»<iJniit..r.«- 
i  1  •  coive  prisoner*. 

tiarv  and  the  keeper  of  the  city  prison  shall  keep  all  persons  Ho 
committed  to  them  respectively  in  the  same  manner  and  under 
the  same  penalties  as  the  sheriffs  of  the  other  counties  in  the 
State  ought  by  law  to  keep,  in  the  jails  of  their  respective  coun- 
ties the  criminals  committed  to  them. 

§  1404.  Every  warrant  of  arrest  issued  by  a  judge  of  the  l«i .ah  us, 
superior  court  or  court  of  common  pleas  may  be  directed  gen- 
erally to  any  sheriff,  constable,  marshal,  or  policeman  in  the 
State,  and  may  be  executed  by  any  of  these  officers  to  whom  it 
may  be  delivered. 

§  1405.  The  commitment  for  examination  on  a  warraut  of  $^cJ.\j  of, 
arrest,  and  the  commitment  pending  the  procuring  of  bail  shall  477-  576- 
be  to  the  keeper  of  the  city  prison  of  the  city  of  New  York. 
Bench  warrants  shall  require  the  delivery  of  the  defendant  to 
the  said  keeper  of  the  city  prison.    The  order  for  discharge  upon 
bail  must  be  directed  to  the  said  keeper. 

§  1400.  When  a  person  under  the  age  of  sixteen  years  is  sen-  j**}- 
teuced  to  the  house  of  refuge,  it  must  be  to  the  house  of  refuge 
established  by  the  society  for  the  reformation  of  juvenile  delin- 
quents in  the  city  of  New  York. 

?>  1407.  A  search  warrant  must  be  executed  and  returned  to  withinwhn 

......  time  warrant 

the  magistrate  bv  whom  it  was  issued,  within  rive  days  after  its  must  be 

°*  *  '  "  executed  and 

date.    After  the  expiration  of  such  time  the  warrant,  unless  returned, 
executed,  is  void. 

§  140S.  The  warrant  for  the  commital  of  the  father  of  a  has-  j^;/^44^ 
tard  must  direct  his  committal  to  the  city  prison.  The  warrant 
for  the  committal  of  the  mother  of  a  bastard,  or  a  woman  preg- 
nant of  a  child  likely  to  be  born  such,  who  refuses  to  disclose 
the  name  of  the  father  must  direct  her  committal  to  the  city 
prison. 


514 


TIIK  DlSTKNT  ATTORNEY  . 


Id.  jjtfW. 


id.  tsao. 


Id.  |905. 


Id.  Iiett.  866. 


jj  J -I'.»9.  Warrants  for  t lie  committal  of  vagrants,  who  are 
improper  persons  to  be  committed  to  the  alms-house,  must  be  for 
their  committal  to  the  city  prison  or  penitentiary. 

§  1500.  An  apprentice  or  servant,  committed  according  to 
law,  must  be  committed  to  the  city  prison. 

£  1501.  Undertakings  given  by  persons  charged  with  being 
disorderly  persons  maybe  prosecuted  in  the  name  of  the  mayor, 
aldermen,  and  commonalty,  and  the  amount  collected  shall  be 
paid  into  the  city  treasury  for  the  benefit  of  the  poor. 

§  1502.  Undertakings  to  obey  an  order  in  relation  to  the  sup- 
port of  a  bastard,  or  of  a  child  likely  to  be  born  a  bastard,  or  of 
its  mother,  may  be  prosecuted  in  the  name  of  the  mayor,  alder- 
men and  commonalty,  and  costs  may  be  recovered  against  the 
cil  v  in  the  same  manner  as  in  any  other  action. 


IK0.  ch.  *i 
Pomp.  13Hfi. 
1868,  ch.  KM,  $1 
Com  |>.  11(10. 
1876,  Oh,  S59,  |fi 
Gamp.  13«7. 

1«75,  Hi  480,  $2 

( tomp.  13H« 

1  R.  S.  ch.  5,,ti( 
I,  $15. 
District 
attorney, 
salary  of. 
Number  of  as- 
sistant district 
attorneys. 
1823,  ch.  25C,  §2. 
Comp.  1400. 
Fees,  how  dis- 
posed of. 


Id.  M. 
Comp.  1460. 
Duty  of  district 
attorneys  In 
reference  to 
fees  of  clerk. 


Title  8. — The  District  Attorney. 

i  1503.  The  district  attorney  shall  receive  for  his  services  as 
such  district  attorney,  a  yearly  salary  of  twelve  thousand  dol 
lars.  which  shall  be  paid  in  equal  monthly  payments.  There 
shall  be  four  assistant  district  attorneys  for  said  county,  who 
shall  each  receive  a  yearly  salary  of  seven  thousand  five  hun- 
dred dollars.  The  office  is  so  far  local  as  to  require  the  residence 
of  the  district  attorney  within  the  city. 

§  1504.  All  fees  which  are  by  any  law  of  this  State  allowed 
to  or  receivable  by  the  clerk  of  the  court  of  oyer  and  terminer 
and  of  the  court  of  general  sessions,  shall  continue  to  be  col- 
lected and  received  by  the  said  officer  for  the  use  of  the  mayor, 
aldermen,  and  commonalty,  and  said  officer  shall  use  his  best 
endeavors  to  collect,  or  cause  to  be  collected,  all  the  fees  incident 
to  his  office,  and  shall,  at  least  once  in  every  three  months,  ren- 
der a  just  and  tine  account,'  under  oath,  to  the  comptroller  of 
the  said  city,  of  all  such  fees  so  collected  and  received  by  him 
up  to  the  time  of  the  exhibition  of  the  said  account,  and  shall 
forthwith  pay  over  the  amount  of  the  moneys  so  received  to 
the  chamberlain  of  the  said  city. 

;>  1505.  It  shall  be  the  duty  of  the  district  attorney  to  aid  and 
assist  the  clerk  of  the  court  of  oyer  and  terminer  and  of  the 
general  sessions  of  the  peace,  in  the  collection  of  such  fees  of 
his  office  as  cannot  be  collected  without  legal  assistance,  and  all 
fees  of  the  said  clerk  collected  by  the  district  attorney,  shall  be 
accounted  for  by  him,  under  oath,  at  least  once  in  every  three 
months,  to  the  comptroller,  in  his  regular  quarterly  accounts, 
and  he  shall  also,  immediately  after  such  accounting,  pay  over 
the  amount  tfiereof  to  the  chamberlain  of  the  said  city. 


COL'KT  OK  OYKK  AND  TKRMINEH.  515 


Title  ;>.  —  2%e  ( 'o"r/  <>/  Oyev  and  Terminer, 

$  l.'.ot'..  It  shall  and  may  be  lawful  for  the  hoard  of  aldermen  to  ikih,  .-n.  •■»:,  ji. 
assign  such  place  in  the  said  city  as  may  to  them  seem  most  con-    •  <' 
ducivo  to  the  public  convenience  for  the  holding  of  the  court  of  Oomp.wk 
oyer  and  terminer  and  jail  delivery,  to  be  held  in  and  for  the  1<X7,hV'' '' 
said  city  and  county:  hut  any  alteration  of  the  place  of  holding 
such  court  shall,  before  the  same  takes  effect,  he  notified  in  one 
or  more  of  tho  puhlic  newspapers  printed  in  the  said  city,  for 
the  period  of  not  less  than  four  weeks. 

§  1507.  The  court  of  oyer  and  terminer  has  jurisdiction  to  i88i,ch.«2,|S8, 
try  any  indictment  found  in  the  court  of  general  sessions  which 
has  heen  sent  hy  order  of  said  court  of  general  sessions,  to  and 
received  hy  the  court  of  oyer  and  terminer,  if  in  the  opinion  of 
that  court  it  is  proper  to  he  tried  therein.  The  court  of  oyer  and 
terminer  has  jurisdiction  hy  an  order  entered  in  its  minutes  to 
send  to  the  court  of  general  sessions  any  indictment  found  in  the 
court  of  oyer  and  terminer  for  a  crime  triable  at  the  court  of 
general  sessions. 

§  150S.  Courts  of  oyer  and  terminer  in  and  for  the  city  and  iwr.ch.4ifi.  54*. 
county  of  New  York  may  he  held  hy  a  justice  of  the  supreme  *7§?Y;38a 
court ;  and  when  so  held  all  the  powers  and  jurisdiction  apper- 
taining hy  law  to  said  court  shall  be  possessed  and  excercised  by 
the  officer  holding  the  same. 

>J  1509.  All  fines  imposed  by  the  court  of  oyer  and  terminer,  i8», <±. sar, |T, 
except  as  in  this  act  otherwise  provided,  may  he  at  any  time  mp' im 
remitted  hy  the  judge  imposing  the  same,  and  in  addition  to  such 
remission  the  court  may,  in  its  discretion,  substitute  imprison- 
ment. All  such  fines  shall  be  collected  by  and  paid  to  the  clerk 
of  said  court,  and  by  him  accounted -for  to  the  chamberlain,  with 
a  statement  under  oath. 

§  1510.  The  clerk  of  the  court  of  oyer  and  terminer  and  gen-  ifflo,  eh.  is,  p, 
eral  sessions  of  the  peace  in  and  for  the  city  and  county  of  New  cierkof the 
York,  may  appoint  some  proper  person  as  deputy,  to  hold  his  SSSt ^deputy, 
office  during  the  pleasure  of  the  clerk ;  who,  whenever  the  said  iW4*d£oa^; 
clerk  shall  be  absent  from  the  city,  or  by  reason  of  sickness  or 
any  other  cause,  shall  be  incapable  of  performing  the  duties  of 
his  office,  may  perform  all  the  duties  required  by  law  to  be  done 
by  such  clerk  ;  which  deputy  shall,  before  he  enters  on  the  duties 
of  his  office,  take  the  oath  of  office  prescribed  in  the  constitution 
of  this  State,  and  as  often  as  such  deputy  shall  die,  resign,  or  be 
removed*  from  office,  or  become  incapable  of  executing  the  duties 
of  the  office,  another  may  be  appointed  in  his  place.  Every 
such  appointment  shall  be  in  writing,  under  the  hand  of  the 
clerk,  and  shall  be  filed  in  his  office. 


5  in 


JUDGES  OF  GENERAL  SESSIONS. 


4  K.  S.  oh.  s, 

tiii>-  4,  $«;, 

Comp.  139". 


Co.  Civ.  Proc. 

|iao3,Comp.!i030. 

8lenotfrnplier. 


IS69,  oh.  .'.90,  jl 
Com  p.  1391. 
Salary  of  olork 
and  deputy. 
1  K.  S.  eh.  5, 
title  1,  IIS. 
Comp.  113*5. 


§1511.  The  clerk  of  the  court  of  oyer  terminer  shall,  with- 
out requiring  any  lees,  on  the  application  of  any  person  indicted 
in  said  court,  issue  subpoenas  as  well  during  the  sitting  of  the  court 
as  in  vacation,  for  such  witnesses  as  defendant  shall  require, 
residing  in  or  out  of  the  county,  which  shall  he  made  returnable 
at  any  day  of  the  sitting  of  the  court  at  which  the  attendance 
of  the  witness  shall  he  required. 

8  1512.  The  judge  presiding  at  a  term  of  the  courtof  oyer  and 
terminer  must  designate  a  stenographer  of  the  supreme  court  to 
act  as  stenographer  for  that  term  during  its  .sitting,  who  is  not 
entitled  to  any  compensation,  in  addition  to  his  salary,  except 
that  if  a  copy  of  any  proceedings,  written  out  at  length  from  the 
stenographic  notes,  is  required  for  the  use  of  the  presiding 
judge  or  the  district  attorney,  the  stenographers  fees  therefor 
are  payable,  on  his  certificate,  as  a  county  charge. 

$5  1513.  The  clerk  and  deputy  clerk  of  the  court  of  oyer  and 
terminer  shall  each  be  paid  the  sum  of  two  thousand  dollars  per 
annum  for  services  as  such  clerk  and  deputy.  The  office  of  clerk 
of  the  court  of  oyer  and  terminer  and  general  sessions  is  so  far 
local  as  to  require  tho  residence  of  every  person  holding  such 
office  within  the  citv. 


1881,  ch.  iU, 

||u,ai,  so. 

Its  jurlsdk-- 

Hon. 


Id.  §s:. 
Division  of 
court. 

Id.  §53. 
Parts,  by 
whoia  heUi. 


Title,  10. — The  Court  of  General  Sessions  and  its  Judges  and 

Officers. 

§  1514.  The  court  of  general  sessions  of  the  city  and  county 
of  New  York  is  a  court  of  sessions  and  has  original  jurisdiction 
of  criminal  actions.    It  has  jurisdiction: 

1 .  To  try.  determine  and  punish,  according  to  law,  all  crimes, 
including  crimes  punishable  with  death  or  imprisonment  in  the 
state  prison  for  life; 

2.  To  exercise,  in  cases  arising  in  the  city  and  county  of  New 
York,  the  same  powers  as  are  conferred  by  statute  upon  courts 
of  sessions  in  other  counties;  . 

3.  To  try  and  determine  any  indictment  found  in  the  court  of 
oyer  and  terminer  of  the  city  and  county  of  New  York,  which 
has  been  sent  by  order  of  the  court  of  oyer  and  terminer  to  and 
received  by  the  court  of  general  sessions;  and, 

4.  To  exercise  such  powers  as.  are  now  defined  by  special 
statute  relating  thereto. 

§  1515.  The  court  of  general  sessions  of  the  city  and  county 
of  New  York  is  divided  into  three  parts. 

§  1516.  Any  one  of  the  three  parts  of  the  court  of  general 
sessions  of  the  city  and  county  of  New  York  may  be  held  by  the 
recorder  of  the  city  of  Newr  York,  or  the  city  judge,  or  the 
judge  of  the  court  of  general*sessions.  A  judge  of  the  court  of 
common  pleas  for  the  city  and  county  of  New  york  may  also 
hold  it. 


JUDGES  OF  UK  NIC!  I  AT,  SESSIONS.  517 


§  1517.  Each  part  of  the  court  of  general  sessions  in  and  for  u  |M 
the  city  and  county  of  New  York,  may  be  held  each  month,  iu duration 
commencing  on  the  first  Monday  and  continuing  BO  long  as,  in 
the  opinion  of  the  judge  sitting,  and  of  the  district  attorney, 
the  public  interest  requires,  hut  one  part  only  is  required  to  be 
held  during  the  months  of  July  and  August,  and  two  parts  only 
during  the  rest  of  the  war.    The  court  of  general  sessions  is  ]*'•'■     )"■  5' 
empowered  to  extend  any  of  its  terms,  and  to  make  successive  J;,'' 
extensions  of  any  such  term,  and  to  make  any  adjournments  of  To  extend  tha 
the  said  com  t,  within  its  discretion,  by  anv  order  or  orders  to  said  terms  and 

*  [  i    j        j  make 

effect  duly  entered  in  its  minutes.  adjournment* 
i  151S.  It  shall  be  the  tint v  of  the  commissioner  of  public  >?»• v\?-?-  *c 

°  *  1  tomp.  13S7. 

works  to  supply  lit  and  proper  accommodations  for  the  holding  ;VmsVor  i,1m 
of  said  court,  such  as  may  be  approved  bv  the  court;  and  the  '»k court. 

IBM  ch  \\'* 

said  court  of  general  sessions  shall  have  the  same  powers  to  di- 
rect  suitable  provision  to  be  made  for  its  accommodation  as  those 
possessed  by  the  supreme  court. 

§  15K>.  There  shall  be  elected  at  the  general  annual  election  [^m^h^,$1- 
in  and  for  the  city  and  county  of  New  York,  held  in  the  month  Recorder, 
of  November,  in  the  year  eighteen  hundred  and  ninety-four,  elected, 
and  in  every  fourteenth  year  thereafter,  in  the  same  manner  ^2595'chs 
that  other  county  officers  of  said  city  and  county  are  elected,  a  eJmp.^3s*f°' sr 
recorder  for  said  citv  and  count  v.  who  shall  hold  his  office  for  ;&»:.  ch.  w  53. 

J  '  Comp.  1380. 

the  term  of  fourteen  years  from  the  first  day  of  January  next  successor, 
after  said  election;  on  which  day  he  shall  enter  upon  the  dis- 
charge of  the  duties  of  his  office.    All  laws  relating  to  general 
elections  shall  be  deemed  to  apply  to  the  elections  authorized  by 
this  section,  so  far  as  the  same  are  applicable  thereto.    In  case  r^vl0s^°"  ■ 
a  vacancy  shall  occur  in  the  office  of  recorder,  by  death,  .resig-  vacancy 
nation  or  otherwise,  before  or  after  said  date,  the  board  of  alder- 
men are  authorized  to  fill  such  vacancy.    At  the  general  election 
next  ensuing  the  happening  of  such  vacancy,  an  election  shall 
be  had  for  the  full  term. 

§  1520.  The  recorder  is  a  magistrate.    His  salary  shall  be       ch- 442- 
twelve  thousand  dollars  a  year,  which  shall  be  paid  in  equal  war,  ch.  tts, 
monthly  payments,  and  he  shall  not  be  allowed  any  other  com-  is? 5,  c°h™j*>. 
pensation  for  holding  any  other  court  or  for  acting  in  disposses-  im,  ch.  ser,  §3. 
sion  or  other  judicial  proceedings  appertaining  to  his  office.        Coinp  1 

§  1521.  There  shall  be  elected  in  the  city  and  count}-  of  New  ism.  ch.  905.51. 

__.     ,  Comp.  13h5. 

York,  at  the  general  election  held  in  the  month  of  November,  in  aty  judge  to  b« 
the  year  eighteen  hundred  and  ninety-two,  and  in  every  four- 
teenth year  thereafter,  a  judicial  officer,  to  be  designated  as  the 
city  judge,  who  shall  enter  upon  the  duties  of  his  office  on  the  first 
day  of  January  next  after  his  election,  and  hold  his  office  for  the  J*8* **:J2?' **■ 

.  Comp.  13S7. 

term  of  fourteen  years.    All  laws  relating  to  general  elections  Mode  of 
•shall  be  deemed  to  apply  to  the  elections  authorized  by  this  sec- 


r»ls 


.1  LOOKS  OF  (JKNKKAL  SESSIONS. 


Successor. 


1850,  eh.  205,  §6 
C'omp.  1380. 

1857.  ch.  446, 
SIM,  Comp  i:ihi 

His  powers. 
DC  Nt  Y.  070. 
ishv.'.  ch.  ir.\ 


I860,  ch.  206,  S3, 
Comp.  vm. 
Co.  Civ.  Proc. 
§22*1. 

1875,  ch.  480,  $1, 
Conip.  138C. 
1872.  ch.  367.  |S, 

Oomp,  1388. 


Oftiee  for. 
1850,  ch.  205,  (j-l, 
Oomp.  1386. 


1875,  ch.  250,  $1. 
Comp.  1387. 
Additional 
judge  of  court 
of  general 
sessions. 


1881.  ch.  412. 
$147,  Co.  Civ. 
Proc.  §2234. 
Id.  §2. 

1875,  ch.  480.  §1. 
Comp.  1386. 
1872,  ch*3G7.  «3, 
Comp.  1388. 
1857.  ch.  446. 
§48,  Comp.  1888. 


tion,  so  far  as  the  same  are  applicable  thereto.  Such  elections 
shall  take  place  at  the  general  election  next  preceding  the  expi- 
ration of  the  term  of  office  of  the  person  holding  the  same  for 
the  time  being.  If  a  vacancy  occur  in  the  office  of  city  judge 
by  death,  resignation,  or  otherwise,  before  or  after  said  date, 
it  shall  be  filled  at  the  general  election  held  next  after  the  hap 
pening  thereof,  and  the  person  chosen  shall  enter  upon  the  du- 
ties of  his  oflice  on  the  first  day  of  January  next  succeeding  his 
election,  and  hold  his  oflice  for  the  full  term  of  fourteen  years 
thereafter;  but  no  election  shall  bo  held  to  fill  any  vacancy,  which 
shall  happen  between  any  election  at  which  a  city  judge  shall 
have  been  chosen  and  the  first  day  of  January  next  thereafter. 
In  case  of  a  vacancy  the  powei*s  conferred  upon  the  city  judge 
may  be  exercised  by  any  of  the  judges  of  the  court  of  common 
pleas.  The  city  judge  is  a  magistrate.  All  judicial  powers 
vested  in  the  recorder  of  the  city  of  New  fork  are  conferred 
upon  such  city  judge,  and  he  shall,  concurrently  with  said 
recorder,  perform  and  discharge  all  judicial  duties  imposed  upon 
such  recorder.  He  shall  have  jurisdiction  of  proceedings  for  the 
removal  of  persons  from  real  property  where  the  property  or 
any  portion  thereof  is  situated  in  said  city.  He  shall  receive 
for  his  services  as  such  city  judge  a  yearly  salary  of  twelve 
thousand  dollars,  which  shall  be  paid  in  equal  monthly  install- 
ments. No  other  compensation  shall  be  allowed  to  him  for 
holding  any  other  court  or  for  acting  in  dispossession  or  other 
judicial  proceedings  appertaining  to  his  office, 

1522.  The  city  judge  shall  have  an  office  to  be  provided 
and  properly  furnished  by  the  city  of  New  York,  and  shall 
attend  thereat  at  all  reasonable  hours  for  the  transaction  of 
business,  except  when  engaged  in  holding  court. 

§  1523.  There  shall  be  elected  at  the  general  election  in  No- 
vember, eighteen  hundred  and  eighty-nine,  on  the  expiration  of 
the  present  term  of  office,  and  in  eveiy  fourteenth  year  there- 
after, a  judge  of  the  court  of  general  sessions  of  the  peace,  and 
who  shall  be  designated  "  the  judge  of  the  court  of  general  ses- 
sions," and  who  shall  have  the  same  power,  authority,  duties, 
and  privileges  in  all  respects  as  the  city  judge  of  said  city.  He 
is  a  magistrate.  He  shall  have  jurisdiction  of  proceedings  for 
the  removal  of  persons  from  real  property,  where  the  property 
or  any  portion  thereof  is  situated  in  the  city.  The  judge  of  the 
court  of  general  sessions  shall  hold  office  for  the  term  of  fourteen 
years,  to  begin  upon  the  first  day  of  January  next  following  his 
election.  He  shall  receive  for  his  services  as  such  judge  of  the 
court  of  general  sessions  a  yearly  salary  of  twelve  thousand  dol- 
lars, which  shall  be  paid  in  equal  monthly  installments.  No 
other  compensation  shall  be  allowed  to  him  for  holding  any 


CLKKK  OF  (J  F.NF.U  A  I.  SKSSIONS.  51H 

other  court  or  for  acting  in  dispossession  or  other  judicial  pro- 
ceedings appertaining  to  his  office. 

§1524.  He  shall  have  an  office  to  he  provided  and  properly  oomp.i8M. 
furnished  by  the  hoard  of  aldermen,  and  shall  attend  thereat  at 
all  reasonahle  hours  for  the  transaction  of  business,  except  when 
engaged  in  holding  court . 

<j  1625.  Any  judge  of  the  court  of  common  pleas  is  authorized  ni.'lip.'V.w1' 
and  empowered  to  hold  any  terms  or  sessions  of  the  court  of 
general  sessions  in  and  for  the  city  and  county  of  New  York,  in 
the  place  of  the  recorder  or  city  judge,  during  the  temporary  dis- 
ability or  absence  of  said  recorder  or  city  judge. 

$1520.  An  application  for  an  order  for  the  examination  or  ian.ch.4tt. 

a  I  t  '  |641. 

commission  of  a  material  witness  for  a  defendant  when  the  in- 
dictment is  pending  in  the  court  of  general  sessions  may  be 
made  in  the  cases  provided  by  law  to  the  recorder,  or  city  judge, 
or  judge  of  general  sessions,  or  one  of  the  judges  of  the  court  of 
common  pleas. 

§  1527.  An  order  for  the  examination  of  a  witness  condition-  w. 
ally  made  on  the  application  of  a  defendant  held  to  answer  a 
charge  of  a  crime,  as  required  by  law,  may  be  made  when  the 
indictment  is  pending  in  the  court  of  general  sessions  by  the 
recorder,  city  judge,  judge  of  general  sessions,  or  one  of  the 
judges  of  the  court  of  common  pleas. 

§  1528.  The  recorder  or  city  judge,  or  judge  of  the  general  w.$m 
sessions,  upon  an  affidavit  of  the  prosecutor  or  district  attorney, 

residing  or 

or  of  the  defendant  or  his  counsel,  stating  that  he  believes  that  subpoena,  out 
the  evidence  of  the  witness  is  material,  and  his  attendance  when  and  how 
necessary,   shall  indorse  on  the  subpoena  an  order  for  the  attend, 
attendance  of  a  witness  residing  or  served  with  the  subpo.-na 
out  of  the  county. 

§  1529.  The  recorder,  city  judge,  and  judge  of  the  court  of  m.jhl 
general  sessions,  must  appoint  a  clerk,  and  not  more  than  four  clerks.  n"'J 
deputy  clerks,  two  interpreters,  and  two  stenographers.  The 
clerk  and  deputy  clerks  so  appointed  must  also  act  as  clerks  and 
deputy  clerks  of  the  court  of  oyer  and  terminer. 

£  1530.  The  deputy  clerk  of  the  court  of  general  sessions  shall  irao,  ch. «,  sit, 
hold  his  office  during  the  pleasure  of  the  clerk  :  whenever  the  Clerk  of  the 
said  clerk  shall  be  absent  from  the  city,  or  by  reason  of  sickness  pXt  a  deputy 
or  any  other  cause,  shall  be  incapable  of  performing  the  duties 
of  his  office,  the  deputy  may  perform  all  the  duties  required  by 
law  to  be  done  by  such  clerk.    He  shall,  before  he  enters  on  the 
duties  of  his  office,  take  the  oath  of  office  prescribed  in  the  con- 
stitution of  this  State,  and  as  often  as  such  deputy  shall  die,  re- 
sign, or  be  removed  from  office,  or  become  incapable  of  execut- 
ing the  duties  of  the  office,  another  may  be  appointed  in  his 
place.    Every  such  appointment  shall  be  in  writing  under  the 
hand  of  the  clerk,  and  shall  be  filed  in  his  office. 


♦ 


520 


CLERK  OF  GENERAL  SESSIONS. 


JW*. ckgg. |i,       $  1531.  The  clerk  of  the  court  of  general  s  cions  shall  receive 
i8C9,  ch.  699,11,  a  salary  of  five  thousand  dollars  per  annum  for  his  services  as 
omp.  i  w.      Slich ?  anci  the  deputy  clerk  shall  receive  a  salary  of  three  thou- 
sand dollars  per  annum,  and  the  assistant  clerk,  appointed  by 
the  clerk,  shall  receive  a  salary  of  three  thousand  dollars  per 
annum,  and  the  comptroller  of  the  city  is  authorized  and 
directed  to  pay  such  clerk,  deputy  clerk,  and  assistant  clerk 
wii.cii._iw,  s,i  surh  salari(  s  in  monthly  installments  out  ol  the  county  treasury. 
se"i87i.<'h.M<i;  ()no  °f  tile  deputy  clerks,  appointed  hy  said  court,  shall  receive 
om^im:      an  annual  salary  of  twenty-five  hundred  dollars  ;  the  stenogra- 
saiarieH.         phCT  s]ia]i  receive  an  annual  salary  of  two  thousand  dollars,  and 
one  of  the  deputy  clerks  appointed  hy  said  court  shall  each  re- 
ceive an  annual  salary  of  twelve  hundred  dollars.    The  inter- 
preters shall  receive  annual  salaries  of  twenty-five  hundred  and 
twelve  hundred  dollars  respectively. 
Sm^is!? $3'      §  1532'  Neitner  the  clerk,  the  assistants,  nor  deputy  clerks, 
nor  any  other  attendant  of  said  court,  shall  receive  any  fees  or 
compensation  for  their  own  use  whatever,  for  any  services  by 
them  performed  by  virtue  of  their  offices,  other  than  their  sal- 
aries. 

i  k.  s.  ch.2.tii       §  1533.  The  clerk  of  the  court  of  general  sessions  shall,  with- 
romp  1390.     out  requiring  any  fees,  on  the  application  of  any  person  indicted 
subpoenas,       in  such  court,  issue  subpoenas,  as  well  during  the  sitting  of  the 
court  as  in  vacation,  for  such  witnesses  as  defendant  shall 
require  residing  in  or  out  of  the  county,  which  shall  he  made 
returnable  at  any  day  of  the  sitting  of  the  court  at  which  the 
attention  of  the  witness  shall  be  required. 
i8T2.  ch.  43s,  $2,      §  1534.  The  judges  of  the  court  of  general  sessions  shall  ap- 
iSo!ch!wl  $2.  point  such  officers  to  attend  said  court  as  to  the  judges  of  said 
how%>po'iniea-  com't  shall  appear  to  lie  necessary  ;  the  salaries  shall  be  paid  out 
Salaries, how    of  the  city  treasury,  in  monthly  installments  ;  but  the  salary  of 
each  officer  or  attendant  shall  in  no  case  exceed  twelve  hundred 
dollars  per  annum,  and  the  salary  of  each  officer  or  attendant 
appointed  after  May  twenty-ninth,  eighteen  hundred  and  eighty, 
now  removed,  shall  be  one  thousand  dollars.  Such  officers  may  be  removed  by 
the  court,  but  their  successors  shall  be  appointed  by  the  judges 
'  of  the  court ;  provided,  however,  that  no  other  officers  or  clerks 
shall  be  appointed  by  said  judges  than  is  by  law  provided  for. 
iS5o.  ch.  337,  §  1 535.  All  the  provisions  of  law  whatsoever  in  force  on  Api  il 

twelfth,  eighteen  hundred  and  fifty-five,  relating  to  courts  of 
oyer  and  terminer,  and  regarding  trials  of  indictments  for  capi- 
tal offenses  and  for  offenses  punishable  by  imprisonment  in  the 
State  prison  for  life,  and  regarding  sentences  thereupon,  -  and 
writs  of  error,  bills  of  exceptions,  certiorari.-;,  and  writs  of  habeas 
corpus  arising  upon  trials  of  such  indictments,  are  hereby  ap- 
plied to  the  said  court  of  general  sessions  except  as  modified  by 
acts  passed  after  said  date. 


Comp.  1389 

Application  of 
laws. 


P0WER8  OF  M>i  in  OF  GENERAJ  SESSION'S.  OXl 
S  1630.  Every  oonvietion  lor  a  capital  offense,  or  lor  one  11  >;    ,  . 

°  •  IIS  llllli'M.I.  (I 

punishable  as  a  minimum  punishment  hv  imprisonment  in  State  1 

'ill  i 

prison  for  life,  shall  bo  brought  before  the  supreme  court  and  ::>s.\ 
court  of  appeals  from  the  said  court  of  general  sessions!))'  a  writ 
of  error,  with  a  stay  of  proceedings  as  a  matter  of  right ;  and  the 
said  appellate  court  may  order  a  new  trial,  if  it  shall  be  satisfied 
that  the  verdict  against  the  prisoner  was  against  the  weight  of 
evidence  or  against  law,  or  that  justice  requires  a  new  trial, 
whether  any  exception  shall  have  been  taken  or  not  in  the  court 
below. 

§  1537.  The  court  of  general  sessions  shall  have  power  at  all  ''l,,^',.,,,, .. 
times  to  make  rules  and  regulations  tor  its  government  and  con-  00011  '  "  I 
duct,  and  to  enforce  the  same  by  imprisonment  for  contempt,  or 
by  fine,  or  by  both.    It  is  a  court  of  record. 

§  153S.  All  fines  imposed  by  the  court  of  general  sessions  may  SLL7' 
be  remitted  by  the  judge  imposing  the  same,  and  in  addition  to 
such  remission  the  court  may,  in  its  discretion,  substitute  im- 
prisonment. All  such  fines  shall  be  collected  by  and  paid  to  the 
clerk  of  said  court,  and  by  him  accounted  for  to  the  chamberlain 
with  a  statement  under  oath. 

->  *  ~r>r>    rm       j  •         n       ■%         •  -■•  1880.  ch.  42,  $2, 

1^39.  Ihe  time  for  drawing  a  grand  jury  to  serve  at  any  Comp.  1898. 
term  of  the  court  «of  general  sessions,  shall  be  at  the  time  of  drawinggrana 
drawing  the  names  of  jurors  for  the  trial  of  issues  of  fact  in  said  iseeco.  csv. 
court ;  and  all  the  provisions  of  law  in  relation  to  grand  juries,  uas.  ' 
the  return  and  summoning  of  the  jarors,  their  powers,  duties, 
and  liabilities  for  neglect,  are  declared  to  be  applicable  to  the 
grand  jurors  so  to  be  drawn,  except  as  otherwise  specially  di- 
rected. 

§  1540.  In  all  complaints  of  assault  and  battery,  tried  before  [^p1^*11'- 
the  court  of  general  sessions  in  the  city  of  Newr  York,  the  said  cost  of  trials 

liii  ■  •  i      ii  ■».         ,    for  assault  and 

court  shall  have  power,  m  its  discretion,  to  order  the  complainant  battery, 
to  pay  the  costs  incurred  by  reason  of  such  complaint,  and  to 
commit  such  complainant  to  custody  until  such  costs  be  paid  : 
provided  they  shall  be  satisfied  that  su?h  complaint  was  ma- 
licious, or  without  any  reasonable  or  probable  cause,  and 
provided  such  imprisonment  shall  not  exceed  two  days. 

Title  11. — The  Police  Courts  and  Justices  and  their  Powers. 

1881,  ch.  442, 

§  1541.  The  police  justices  shall  be  eleven  in  number,  and  they  ss",  . 
shall  respectively  be  appointed  on  nomination  by  the  mayor  and  rs°-^P.h13^  » 
confirmation  by  the  board  of  Aldermen.  Any  name  once  nomi-  Coi°p-  "°5- 
nated  and  rejected  shall  not  be  again  submitted  for  either  of  said  police  justices 
justices,  and  the  names  nominated  shall  be  acted  on  in  the  order  appointed, 
of  their  nomination ;  but  confirmations  may  be  made  of  any 
names  nominated,  though  once  rejected,  and  the  mayor  shall 
continue  to  nominate  until  everv  ulace  is  filled. 


THIS  roi.ICK  JU8TICK8. 


IW3,  ch.  538,  )>r 
Comp.  139S.  » 

Certificate  of 

lippOillftTK'llt. 


Id. 

Solaris. 


tel.*  V). 
Vacanei**  - 


Id.SU 

Not  to  receive 
fees,  etc. 


$  154-j.  Upon  the  completion  of  am  appointnent  of  a  police 
justice,  certificates  of  the  same  shall  be  made  out  in  dui>licitt<* 
by  the  clerk  of  the  board  of  aldermen,  dated  on  the  day  of  any 
such  confirmation,  ami  the  same  shall  he  signed  by  the  mayor 
and  president  of  the  hoard  of  aldermen,  of  which  one  copy  shall 
1)0  delivered  to  the  police  justice  BO  appointed,  and  the  other 
shall  be  filed  by  said  clerk  in  the  office  of  the  clerk  of  the  count) 
of  New  York,  within  twenty-four  hour-,  of  the  time  of  the  said 
appointment.  And  from  and  after  any  such  appointment  BO 
certified,  the  person  30  appointed  shall  be  deemed  and  taken  to 
be  a  police  justice  of  the  city  of  New  York,  duly  appointed,  and 
shall  take  the  proper  oath.    Such  justices  are  magistrates. 

§  1543.  The  salaries  of  the  police  justices  appointed  hereun- 
der shall  be  eight  thousand  dollars  a  year,  which  shall  not  be  di- 
minished during  the  term  Of  office,  and  shall  be  provided  for 
and  paid  by  the  city  of  New  York  in  equal  quarterly  install 
ments. 

§  1644.  The  terms  of  office  of  two  of  said  justices  in  office  at 
the  passage  of  this  act  will  expire  on  the  fourth  day  of  Novem- 
ber, eighteen  hundred  and  eighty-two.  the  term  of  one  other  then 
in  office  will  expire  on  the  thirty-first  day  of  December,  eighteen 
hundred  and  eighty -three,  the  terms  of  two  others  then  in  office 
will  expire  on  the  fourth  day  of  November,  eighteen  hundred  and 
eighty-three,  the  term  of  one  other  then  i.n  office  will  expire  on 
the  twenty-fifth  day  of  November,  eighteen  hundred  and  eighty 
nine,  the  term  of  one  other  then  in  office  will  expire  on  the 
eighth  day  of  September,  eighteen  hundred  and  ninety,  the 
terms  of  two  others  then  in  office  will  expire  on  the  eleventh  day 
of  December,  eighteen  hundred  and  ninety,  the  terms  of  two 
others  then  in  office  will  expire  on  the  t  wenty-second  day  of  No- 
vember, eighteen  hundred  and  ninety-one.  Upon  the  expira- 
tion of  any  term  or  the  happening  of  any  vacancy  (by  death, 
removal,  resignation,  or  other  cause),  in  respect  of  an)*  police 
justice  (or  his  office),  such  vacant  place  or  term  shall  be  filled 
and  supplied  by  the  appointment  of  a  new  police  justice  for  the 
residue  of  any  such  unexpired  term,  in  case  of  a  vacancy,  or  for 
a  new  term  which  shall  be  a  term  of  ten  years,  in  case  of  ap- 
pointment after  the  expiration  of  a  term  of  ten  years,  as  the 
case  may  be,  under  the  provisions  herein  contained. 

$  1545.  No  police  justice  appointed  hereunder  shall  receive, 
enjoy,  or  share  any  fees,  percmisites,  or  compensation  of  any- 
kind,  directly,  or  indirectly,  other  than  his  said  salary;  nor 
shall  he  hold  any  other  office,  or  carry  on  or  be  engaged  or  in- 
terested in  any  pursuit  connected  with  the  administration  of 
justice,  but  shall  devote  his  whole  time  and  capacity,  so  far  as 
the  public  welfare  demands,  to  the  duties  of  his  said  office. 


P.OAlil)  OF  l'OLICK  .It  STICKS.  :>S.) 

$  154G.  Such  appointed  police  justices  shall  constitute  the  »». cu.ws.si* 
board  of  police  justices,  and  discharge  the  functions  thereof,  and  juatiom 
may  elect  a  president  from  their  own  Dumber,  and  remove  him 
and  elect  a  successor  at  their  pleasure  :  and  all  the  meetings  of 
such  hoard  shall  be*  public,  and  all  its  proceedings  shall  be  re- 
corded in  its  books  of  minutes  by  its  secretary  and  shall  be  pre- 
served.   Such  board  may  designate  a  police  clerk  to  act  as  sec- 
retary of  said  board,  and  from  time  to  time  substitute  any  other, 
and  fix  a  reasonable  compensation  to  be  paid  for  the  services  of 
such  secretary.    Such  board  shall  establish  public  rules  relative  M.-.tm,r- 
to  its  meetings,  which,  as  far  as  possible,  shall  be  held  at  regular 
times,  for  the  order  and  transaction  of  its  business  thereat,  for 
the  keeping  and  preservation  of  the  minutes  of  its  doings,  for 
the  appointment  of  clerks  and  its  other  appointments,  and  for 
the  public  inspection  of  such  minutes,  under  the  care  of  the  sec- 
retary, at  reasonable  times.  Such  board  shall  have  the  authority  iv.n.o , -i.-.k- 
and  duty  of  appointing  all  police  clerks,  but  there  shall  be  only  Sr?*0  .  1 
six  such  clerks,  and  of  regulating  the  time,  place,  and  manner 
of  the  discharge  of  the  duty  of  such  clerks.    Such  clerks  shall 
respectively  be  appointed  for  the  term  of  four  years,  and  shall 
receive  a  certificate  from  such  board  stating  such  term  and  when 
it  will  expire  ;  and  a  duplicate  of  such  certificate  shall  be  filed 
by  the  secretary  of  such  board  in  the  office  of  the  clerk  of  the 
county  of  2s ew  York;  and  before  any  such  clerk  shall  enter  upon  ler^,  eh.  as, 
the  discharge  of  his  duty,  he  shall  file  in  the  office  of  the  comp-  is^chjsei.is 
troller  of  the  city,  a  bond  in  the  penal  sum  of  five  thousand  dob  Bonds  of 
lars,  with  two  sureties,  and  conditioned  for  the  faithful  dis- 
charge of  his  duty  as  a  police  clerk,  and  the  due  accounting  for 
and  payment  of  all  money  by  him  received  as  such  clerk,  and 
the  form  and  execution  of  such  bond  shall  be  approved  by  a 
certificate  of  a  judge  of  said  superior  court  indorsed  upon  the 
same.    Upon  the  question  of  any  appointment  of  a  clerk  or 
clerk's  assistant,  the  members  of  said  board  shall  vote  as  their 
names  are  called  by  the  secretary,  and  the  vote  of  each  member 
shall  be  recorded  in  such  minutes,  and  a  majority  of  the  whole 
board  voting  together  shall  be  required  to  appoint  a  police  clerk; 
but  the  majority  of  the  members  attending  any  regular  meeting 
of  the  board  may  appoint  police  clerks'  assistants,  interpreters,  Interpreters, 
stenographers,  and  other  necessary  attendants,  and  may  remove  6 
the  same,  and  the  secretary  shall  record  the  vote  of  each  mem- 
ber of  said  hoard  ;  provided,  however,  that  such  clerks'  assist- 
ants, stenographers,  and  interpreters  shall  be  appointed  for  a 
term  of  two  years  or  to  fill  a  residue  of  such  unexpired  term, 
and  that  such  assistants  shall  have  notice  of  the  cause  of  their 
proposed  removal,  and  an  opportunity  for  an  explanation  in  the 
presence  of  such  board  before  they  shall  be  removed,  and  the 


521 


do  Mil)  or  rouu;  ji  sticks 


cause  of  any  removal  shall  be  briefly  entered  on  such  miii- 
BaiariM.  ntes.  The  salary  of  such  police  clerks  shall  be  four  thousand 
dollars  per  year,  which  shall  not  be  diminished  during  such  term, 
payable  quarterly,  but  the  salary  of  the  said  clerks  appointed 
after  May  twenty-ninth,  eighteen  hundred  and  eighty,  shall  be 
three  thousand  dollars  per  year,  and  none  of  them  shall  hold  any 
other  office  or  be  interested  in  any  other  business  connected 
with  the  administration  of  justice,  but  they,  shall  give  their 
whole  time  to  the  duties  of  their  clerkship,  and  shall  reside  in 
the  city  of  New  York  ;  and  the  police  clerks'  assistants  and 
other  assistants  at  any  police  court  shall  obey  the  reasonable 
directions  of  such  police  clerks;  subject,  however,  to  the  proper 
orders  of  the  police  justices  presiding  and  the  board  of  police 
OampAm.' justices.  The  salary  of  the  interpreters  shall  be  twelve  hundred 
dollars. 

Com£hi40o!*18'  §  1547.  The  rules  for  regulating  the  business  of  the  police 
Rules,  etc.  courts  to  be  held  by  said  justices  and  the  business  of  said  board 
of  police  justices  heretofore  by  said  board  prepared,  published, 
and  a  copy  thereof  filed,  duly  certified  by  the  secretary  of  said 
board,  with  the  clerk  of  the  city  and  county  of  New  York,  shall, 
with  any  amendments  which  such  board  may  make,  publish, 
and  file  as  aforesaid,  so  far  as  consistent  with  the  constitution 
and  laws  of  this  State,  be  binding  on  said  police  justices  and 
shall  regulate  the  business  of  such  police  courts  and  boards. 
And  among  other  provisions  of  said  rales,  for  securing  a  vigor- 
ous, orderly,  and  just  administration  in  said  courts,  they  shall 
contain  regulat  ions : 
tohoU  1-  As  to  the  justices  who  shall  hold  such  courts  at  times  and 
places  to  be  specified,  and  shall  provide  for  a  rotation  of  justices 
holding  the  same. 

"ours.  2.  As  to  the  hours  when  the  same  shall  be  open  and  when 

closed  each  day,  and  what  officers  and  assistants  shall  be  in  at- 
tendance. 

order  of  3.  As  to  the  order  of  business  and  the  manner  of  its  dis- 

charge, including  the  taking  of  bail  and  entering  into  recog- 
nizances. 

Manner  of  4.  As  to  the  manner  in  which  the  police  clerks  and  their 

keeping  1 

.record*.  assistants  shall  keep  complete  records  of  the  doings  of  said 
courts  and  justices,  and  perform  their  other  duties  in  a  uniform 
manner. 

cases  of  va-  5.  As  to  the  hearing  and  disposition  of  all  cases  of  vagrancy, 

and  of  cases  where  the  order  of  the  police  justice  may  deprive 
any  person  of  his  or  her  liberty,  or  impose  a  fine. 

Disposition  of  6.  As  to  the  collection  and  disposition  of  any  moneys  by 
any  police  clerk,  and  as  to  keeping  accounts  of  the  same  ;  and 


ULLKS  AND  HEPOKTS. 


525 


IlllVf  IXM'II 
IIIU'll- 


Publicity  of 


7.  Providing  for  tho  keeping  by  such  police  clerks  of  books  of  Jj"0^1; 
records  containing  the  names  and  sex,  and,  as  near  as  may  be,  gg^jgg1 

the  age  of  all  persons  against  win  'oinplaints  or  charges  have 

been  made,  the  nature  and  date  of  the  complaint  or  charge,  and 
the  name  and  residence  of  the  complainant,  giving  street  and 
number;  the  /late  and  nature  of  all  warrants  or  other  process 
issued,  and  against  whom  ;  the  dates,  nature,  and  result  of  all 
examinations  ;  the  date  of  the  reception  and  the  name  and  the 
disposition  of  all  prisoners;  the  names  of  all  persons  waiving  ex- 
aminations ;  the  names  of  all  persons  giving  bail  and  its  amount, 
and  the  names  and  residence  of  all  bondsmen  ;  the  name,  resi 
deuce,  and  the  age,  as  near  as  possible,  and  the  sex  of  all  per- 
sons committed,  fined,  convicted,  held  for  trial,  or  sent  to  the 
sessions  for  trial,  and  for  what  cause,  and  by  what  justice,  and 
at  what  date  ;  the  date  at  which  any  fine  or  costs  are  paid,  by 
whom,  and  the  amount ;  the  name,  residence,  and  age  and  sex 
of  all  persons  discharged,  by  what  justice,  of  what  charge,  and 
at  what  date,  together  with  a  suggestion  of  the  cause  of  such 
discharge;  the  filing,  care,  and  prosecution  of  recognizances;  the 
name  and  residence  of  all  attorneys  appearing  in  respect  of  any 
chargo  or  on  any  hearing,  and  the  reasons  for  any  unusual  delay 
in  any  proceeding. 

8.  And  such  rules  shall  contain  proper  provisions  in  regard  records* 
to  the  publicity  of  any  portion  of  such  records  under  the  au-  S^onVtor 
tbority  of  the  section  fifteen  hundred  and  fifty-twro  of  this  act.  ca"M' 

But  no  charge,  complaint,  or  person  brought  before  one  justice 
shall  be  sent  before  another,  except  for  adequate  cause,  to  be 
fully  and  at  once  entered  upon  the  records  kept  by  such  police 
clerks  and  signed  by  the  justice;  no  person  shall  be  committed 
or  recommitted  for  examinations,  save  for  necessary  cause,  to 
be  then  stated  clearly  upon  such  records;  the  hearing  upon  no 
charge  shall  be  adjourned  to  another  day  without  the  sugges- 
tion of  the  reason  therefor  being  entered  on  such  records,  nor 
shall  any  charge  he  dismissed  or  any  prisoner  be  discharged 
without  record  of  the  same  having  been  before  the  justice 
so  dismissing  or  discharging  the  same,  and  the  name  of  such 
prisoner  and  the  nature  of  the  charge. 

§  154S.  The  said  board  of  police  justices  shall  have  power  to  lseo.cbsofuai. 

o  1  Conip.  1-418. 

make  needful  rules  and  regulations  for  the  maintenance  of  order  May  make  rule* 
in  and  about  the  said  police  courts  and  court  of  special  sessions  lotions, 
and  the  offices  appropriated  to  the  use  of  the  magistrates, clerks, 
and  officers  thereof  respectively,  and  all  persons  willfully  vio- 
lating any  such  rule  or  regulation  may  be  arrested  and  pun- 
ished in  the  same  manner  as  is  now  provided  by  law  for  the 
punishment  of  disorderly  conduct  tending  to  a  breach  of  the 
peace  in  said  city. 


526 


BULBS  AND  REPORTS. 


Id.  |8S, 


1878,  ch.588,  jjl4 

Comp.  1-101. 
■{••port  tn  !><■ 
mailt- niiiiiiallv 


Wliii  I  t. 
lain. 


!Sr3,ch.  -138,115. 
Comp.  1408. 
Clerks  to  be 
responsible  for 
records,  etc. 


§  1549.  The  concurrence*  of «  majority  of  all  the  members  of 
said  board  of  police  justices  shall  be  necessary  to  adopt  any  reso- 
lution of  said  board. 

§1550.  It  shall  farther  be  the  duty  of 'such  board  of  poUoe 
justices  annually,  on  or  before  the  first  day  of  December,  to 
cause  to  be  prepared  by  its  said  secretary,  and  to  supervise  a  re- 
port, the  original  of  which  shall  be  filed  in  the  office  of  the 
clerk  of  the  city  and  county  of  New  York,  and  to  have  as  many 
copies  thereof  promply  printed  and  published,  in  economical 
pamphlet  form  as  may  be  possible,  at  an  expense  not  exceeding 
one  thousand  dollars  annually;  but  no  more  than  one  thousand 
copies  Shall  be  SO  printed  in  any  year;  and  copies  thereof  shall 
be  sent  to  the  governor  and  mayor,  and  to  the  principal  officers, 
libraries,  and  institutions  in  the  city  and  State  of  New  York, 
and  a  record  of  such  distribution  shall  be  preserved.  Such  re- 
ports shall  set  forth,  beside  the  action  of  said  board  and  its  said 
rules,  such  general  statistics  and  causes  of  crime  in  said  city, 
and  such  explanations  of  existing  deficiencies  in  criminal  ad- 
ministration, and  suggestions  of  remedies  for  the  same,  as  said 
board  of  justices  may  think  will  be  useful  to  the  public.  Said 
annual  report  shall  also  contain  the  separate  reports  which  said 
board  shall  cause  to  be  annually  made  to  itself,  under  oath,  by 
each  of  said  police  clerks,  and  which  latter  report  shall  set  forth 
at  least  the  following  facts:  First.  The  amount  and  kind  of 
business  done  at  each  of  the  police  courts  of  the  city  and  before 
each  police  justice,  and  during  what  period  each  of  said  justices 
has  officiated  at  any  such  court,  respectively,  during  the  pre- 
vious year,  and  during  what  hours  such  court  has  been  open. 
Second.  What  services  have  been  performed  by  each  police 
clerk  so  reporting,  the  amount  of  money  he  has  received  as 
such  clerk,  from  whom,  naming  each  person,  at  what  date  and 
on  what  account;  and  the  disposition  made  of  the  same.  Third. 
And  in  general  form,  all  the  facts  and  matters  which  are  herein 
provided  to  be  contained  in  the  records  to  be  kept  by  such  police 
clerks,  so  far  as  they  relate  to  the  previous  year,  but  in  conform- 
ity to  the  proper  regulations  to  be  made  by  said  board  of  police 
justices;  and  especially  all  the  facts  required  to  be  recorded 
under  the  fifth  and  seventh  subdivisions  of  section  fifteen  hun- 
dred and  forty  seven,  but  the  names  of  no  persons  proceeded 
against  in  said  courts  need  be  given. 

§  1551.  Such  police  clerks  shall  be  responsible  for  the  records 
and  papers  pertaining  to  such  police  courts;  shall  cause  them  to 
be  conveniently  filed  and  indorsed;  shall  keep  clear  and  full 
minutes  of  all  business  done  at  such  courts  or  before  such 
justices,  as  such  rules  may  require,  so  that  the  disposition  of  and 
proceedings  in  regard  to  every  matter  and  person  brought  before 


* 


I'OUC'K  cl.KKKS  AM)  ('Ul  HT  UOOMS. 


a  police  justice  or  court  shall  appear;  and  fchey  shall  he  responsi* 
hie  to  tlio  hoard  of  polieo  justices. 

1552.  It  shall  he  the  duty  of  said  boa  id  t<»  prepare,  or  cause 
to  he  prepared,  the  proper  hlanks  for  making  such  reports,  and 
to  tahulate  the  facts  contained  in  the  separate  reports  of  said 
police  clerks,  so  that  their  said  annual  report  shall  clearly  pre- 
sent the  annual  administration  of  justice  in  said  police  courts. 
And  so  far  as  a  reasonable  regard  for  the  public  interest  may 
require,  said  hoard  may  prevent  undue  publicity  of  proceedings 
hefore  any  justice  in  respect  of  any  charges,  pending  attempts 
to  make  arrests,  and  also  in  cases  where  there  is  good  reason  to 
think  such  publicity  is  sought  for  the  gratification  of  malice  or 
pernicious  curiosity. 

§  1553.  Every  police  clerk  shall,  on  or  hefore  the  fifth  day  of  1,1  *': 
each  month,  pay  over  to  the  comptroller  of  the  city  whatever  comptroller tq 
moneys  have  come  into  his  hands  as  such  clerk  during  the  pre- 
vious month,  and  shall  accompany  such  payment  by  a  sworn 
return  in  writing,  signed  hy  such  clerk,  in  such  form  as  such 
comptroller  shall  prescribe,  setting  forth  from  whom  each  por- 
tion of  said  money  was  received,  at  what  date  and  for  what  ac- 
count it  was  paid;  and  the  comptroller  shall  file  and  preserve 
such  returns;  and  every  warden  of  a  prison,  authorized  to  col- 
lect any  fine,  shall,  at  the  same  time  and  in  the  same  manner  as 
is  provided  in  respect  of  said  clerks,  pay  over  to  said  comptroller 
all  such  moneys,  and  shall  therewith  deliver  the  like  sworn  re- 
turns as  is  required  of  such  clerk. 

^1554.  The  court-room  and  other  rooms  on  the  first  floor  of  jwr,ch.5i.  & 
the  court-house  building  in  the  third  judicial  district,  shall  be  set  Court  rooms, 
apart  for  the  use  and  occupation  of  the  second  district  police 
court.    The  board  of  police  justices  shall  designate  and  regulate  i*co,  ch.  bos,  i  .. 
the  portions  of  the  court  house  and  place  for  the  detention  of  comp.  him. 
prisoners  in  the  fourth  district  which  shall  he  set  apart  for  the 
use  of  the  police  justices. 

§  1555.  It  shall  be  the  duty  of  the  hoard  of  police  to  cause  !878,ch.588,$i8, 

.    ,  ...  .  .  _  1  Comp.  1403. 

some  intelligent  and  experienced  person  connected  with  the  Board  of  police 
police  force  to  attend  at  such  police  courts  in  cases  where  there  cnoed  person 
is  need  of  such  assistance,  who  shall,  to  such  extent  as  the  rules  atten'' '  °nr1s 
of  such  board  of  police  justices  may  reasonably  require,  aid  in 
bringing  the  facts  before  such  police  justice  in  proceedings  pend- 
ing in  such  police  courts. 

£  1 550.  No  person  shall  practice  or  be  entitled  to  be  heard,  IJ§19- 
save  in  his  or  her  own  defence,  before  such  police  courts  or  jus-  tVeV"foreprft< 
tices,  except  members  of  the  bar  of  the-  State  of  New  York  en- 
titled to  practice  before  the  supreme  court ;  and  it  shall  be  the 
duty  of  such  board  of  police  justices  to  investigate  and  report  in 
writing  upon  cases  of  abuse  of  practice  or  violation  of  such  rules. 


police  courts. 


528 


REMOVAL  OF  POLICE  JU6TII  I  . 


1878,ch.48B,|20. 
Oomp.  1408. 
Removal  of 
justices  from 
office.. 


Id.  $21. 
Charges 

i. -ii  1 1 1  - 1  a 
police  iustii  e 


Id.  522. 
Corap.  UOJ. 
Hearing  before 
court  of  com- 
mon pleas. 


by  any  attorney  in  respect  of  any  proceeding  before  any  such 
police  justice  or  pending  in  a  police  court.  The  attorney  affected 
shall  bo  allowed  a  fair  opportunity  for  explanation,  and  shall 
answer  all  proper  questions  before  such  board.  Such  report  of 
the  board  thereon,  duly  certified  by  the  secretary,  shall  be  filed 
in  the  office  of  the  clerk  of  the  county  of  New  York,  and  a  copy 
thereof  shall  be  sent  to  the  presiding  justice  of  the  supreme  court 
in  the  first  judicial  department. 

§  1557.  Any  such  police  justice  or  police  clerk  may  be  re- 
moved by  the  court  of  common  pleas  for  the  city  and  county  of 
New  York,  for  either  or  any  of  the  following  causes: 

1.  For  any  cause  for  which  a  justice  of  the  supreme  court  or 
a  justice  of  the  peace  may  now  in  any  manner  be  removed. 

2.  For  corruption  and  malfeasance  in  office. 

3.  For  habitual  neglect,  carelessness,  or  inefficiency  in  the 
discharge  of  the  duties  of  a  police  justice  or  clerk,  or  for  willful 
disobedience  to  any  of  the  provisions  of  this  title. 

155S.  Whenever  any  judge  (save  of  common  pleas j  or  jus- 
tice having  any  jurisdiction  in  the  city  of  New  York,  the  mayor 
of  said  city,  the  district  attorney  of  the  county  of  New  York,  or 
any  five  taxpayers  and  residents  of  said  city  shall  present  to  the 
chief  judge  of  the  said  court  of  common  pleas  written  allega- 
tions which,  if  true,  would  authorize  the  removal  of  any  such 
police  clerk  or  police  justice  therein  named,  said  court  shall 
promptly  adopt  and  make  public  a  set  of  rules,  which  it  may 
from  time  to  time  amend,  for  the  bringing  and  the  regulation  of 
proceedings  before  such  court  for  the  removal  of  any  clerk  or 
officer  which,  by  law,  it  may  be  authorized  to  remove.  Such 
rules,  among  other  things,  shall  provide  for  charges  to  be  made 
by  any  said  officer  or  persons  authorized  to  prefer  such  allega- 
tions, with  the  reasonable  certainty  for  due  notice  thereof  to  the 
clerk  or  officer  accused  for  due  opportunity  of  hearing,  on  the 
part  of  such  officer,  and  for  the  proceedings  and  final  action,  by 
removal  or  otherwise,  on  such  charges  by  said  court  of  common 
pleas. 

§  1559.  Upon  any  such  charges  being  thereafter  filed  with 
the  clerk  of  said  court  of  common  pleas  for  the  city  and  county 
of  New  York,  against  any  police  justice  or  police  clerk,  such 
court  shall  promptly  proceed  with  the  hearing  and  to  the  decis- 
ion of  the  same  by  removal  or  dismissal,  according  to  such  rules 
or  as  they  may  be  amended.  And  on  any  such  hearing  the  chief 
judge,  or  the  other  judge  who  may  be  selected  by  the  judges  to 
preside,  shall  have  all  the  power  of  a  judge  holding  a  jury  trial 
for  the  purpose  of  preserving  order  and  of  compelling  the  attend- 
ance and  swearing  of  witnesses,  enforcing  answers  to  questions 
and  punishment  for  contempt.    Such  charges  shall  be  heard  and 


THE  POLICE  .11  STICKS.  ">-J!> 

decided  in  a  summary  manner,  giving  the  clerk,  officer,  or  jus 
tice  charged  clue  opportunity  of  being  heard  summarily  ;  and  in 
caso  of  removal  the  causes  thereof  shall  bo  assigned  in  the  order 
of  removal.  The  hearing  shall  be  had  in  public  in  the  rooms  of 
said  court  of  common  picas,  may  be  adjourned  from  time  t<» 
time  as  justice  may  demand,  and  the  clerk  of  said  court  shall 
make  a  record  of  its  proceedings  and  preserve  them  in  such 
hooks  as  would  he  used  it'  they  were  taken  at  a  general  term  of 
Mich  court.  It  shall  he  the  duty  of  all  the  judges  of  such  court 
of  common  pleas  to  attend  such  hearing,  hut  a  majority  of  all 
the  judges  of  such  court  in  office  at  such  time  shall  he  a  quorum 
and  an  order  of  removal  signed  by  a  majority  Of  such  judges 
shall  he  valid  and  the  act  of  said  court.  The  vote  on  each  charge 
shall  he  Openly  taken  and  shall  he  recorded,  and  the  order  of 
removal  shall  he  forthwith  signed  by  the  members  of  the  court 
approving  the  same,  and  filed  with  the  clerk  of  the  county  of 
New  York,  and  a  duplicate  shall  be  recorded  in  the  minutes  of 
Mich  hearing;  and  from  the  date  of  such  filing  the  officer,  justice, 
or  clerk  therein  purporting  to  be  removed,  shall  cease  to  be  such 
justice,  officer  or  clerk,  and  his  office  and  position  shall  be 
deemed  vacant. 

§  1560.  Any  wilful  false  swearing  in  any  case  where  an  ins,ch.68& 
oath  is  authorized  or  made  under  this  act  shall  be  deemed  per-  mp' 
jury. 

;S  1&61.  it  shall  be  the  duty  of  the  city  of  New  Vork  and  its 
several  officers  to  supply  and  pay  for  whatever  may  be  neces-  »«Hui,84 
saTy  for  the  transaction  of  the  business  of  the  police  courts  and 
board  of  police  justices  in  sajd  city,  to  supply  all  proper  book-, 
stationery  and  furniture,  and  to  pay  all  the  salaries,  compensa- 
tions, expenses,  and  disbursements  herein  authorized  ;  and  for 
that  purpose  the  board  of  estimate  and  apportionment  shall  an- 
nually cause  the  proper  amounts  to  be  levied,  raised,  and  appro- 
priated for  the  purposes  aforesaid,  but  the  proper  authorities  of 
said  city  may  require  all  such  expenditures,  and  the  number  of 
persons  employed  about  such  courts  and  the  salaries  (save  those 
herein  affixed)  to  be  no  more  than  the  public  interest,  in  their 
opinion,  require. 

§1562.  In  all  cases  of  arrest  for  intoxication  or  disorderly  cS&Aa!,S6' 
conduct,  in  the  city  of  New  Vork  the  police  justices  shall  have 

Intoxication  or 

power,  in  addition  to  holding  the  party  to  baii  for  good  behavior,  <-«"^ct1> 
to  impose  a  fine  not  exceeding  ten  dollars  in  each  Case,  or  to 
commit  to  the  city  prison  not  exceeding  ten  days,  each  day  of 
imprisonment  to  be  taken  as  a  liquidation  of  one  dollar  of  the 
fine. 

j>  1563.  The  police  justices  shall  in  every  case  of  commitment  i^.cti.^s.ii, 
for  vagrancy,  file»or  cause  to  be  filed  i:i  the  office  of  thecl^rk  a  Corap  Wm 


530 


THE  I'OLICE  JUSTICES. 


tteco;.i  i»  vii      record  ol  th<'  proceedings  had  before  them,  oi    either  of  them 
prancy  cases  to  ...  ' 

KefliMi.         and  such  record  shall  contain,  as  part  thereof,  the  proof*  or  con- 
fession taken  by  such  justice,  together  with  the  prisonei  V.  <  a 
atnination.    Whidi  record  shall  he  substantially  in  the  follow 
ing  form: 

The  undersigned,  one  of  the  police  justices  of  the  city  of  New 
York,  hereby  certifies  that  A  B  was  this  day  brought  before  me 
on  a  charge  of  being  a  vagrant  (or  on  his  own  confession,  of 
being  a  vagrant,  as  the  case  may  be),  and  that  upon  diligent  ii; 
<|uiry  and  examination  made  of  the  charge  so  preferred  against 
the  said  A  B.  and  upon  the  proofs,  and  the  examination  of  the 
said  A  B  hereto  annexed,  it  appearing  that  the  said  A  B  is  a 
vagrant  within  the  provisions  of  the  statutes  in  such  case  made 
and  provided;  therefore,  I.  the  said  justice,  did  so  adjudge,  and 
thereupon  I.  the  said  just  ice,  by  warrant  under  my  hand  and 
seal,  committed  him.  the  said  A  B,  so  adjudged  to  be  a  vagrant 
as  aforesaid,  to  the  penitentiary,  workhouse,  or  almshouse,  as 
the  case  may  be. 

In  witness  whereof,  1,  the  said  justice,  have  hereunto  9&i  mj 
hand  and  affixed  my  seal,  this  day  of 

\.  n.  18 

0.  D,  police  justice.       LL-  8.] 
iw^ch  aw0*"'      §         STo  person  committed  to  the  penitentiary,  workhouse, 
comp.  im'     or  almshouse  as  a  vagrant,  as  above  directed,  shall,  unless  upon 
.'K-wia-i''  1  a  writ  of  habeas  corpus  or  certiorari,  except  by  order  of  two  of 
the  commissioners  of  charities  and  correction,  be  discliarged  be- 
fore the  expiration  of  the  term  for  which  he  was  so  com- 
mitted. 

ld$3  §  15G5.  Any  police  justice  violating  any  of  the  provisions  of 

the  two  preceding  sections  shall  be  deemed  guilty  of  a  misde- 
meanor. 

1844,  ch.  315.  §8,      §  156G.  In  cases  of  complaints  for  assaults  and  batteries  the 

Comp.  1419.  ° .  1 

Complaints  for  magistrate  may  require  that  the  complainant  pay  the  fees  au- 
thorized  by  law.  In  case  the  examination  shows  that  the  com- 
plaint is  just  and  legal,  the  magistrate  shall  return  such  fees  to 
the  complainant.  Should  said  complaint  be  frivolous  or  mali- 
cious and  untrue,  the  magistrate  may  charge  to  the  complain- 
ant and  receive  from  him,  all  the  costs  and  fees  now 
authorized  in  such  proceedings,  which  costs  and  fees  shall 
be  paid  to  the  clerks,  who  shall  monthly  pay  all  such  fees  into 
the  city  treasury,  accompanying  such  payment  with  an  affidavit 
or  affirmation  that  the  sums  so  paid  are  all  the  fees  received  by 
them  for  any  matter  or  cause  specified  in  this  section. 

i86o,ch. 606, sis,      8  15C7.  Any  recognizance  to  keep  the  peace,  or  to  be  of  good 

Comp.  1415.  "  %.  *   ■         <~>  a  m.  i  vj 

behavior,  or  both,  taken  by  any  police  justice  m  said  city,  may 
be  for  any  sum  that  any  court  in  said  city  is  authorized  to  fix  in 
any  such  recognizance. 


THE  COURT  OF  BPECIAL  SESSIONS. 


531 


;>  1468.  The  polios  justices  and  persons  acting  by  their  orders      ■•>> .m.  v\ 
shall  have  power  to  examine  (lie  hooks  of  any  pawnbroker,  his  i^-'.  >\j*'-  *,; 
clerk  or  clerks,  if  they  deem  it  necessary,  when  in  search  of  Books  of  pawn 
stolen  property,  and  any  person  having  in  his  possession  a  I-xnmi™^' b" 
pawnbroker's  ticket,  shall,  when  accompanied  by  a  policeman, 
or  by  an  order  from  the  Superintendent  of  police  or  captain  of 
police,  be  allowed  to  examine  the  property  purporting  to  be 
pawned  by  said  ticket  ;  but  no  property  shall  be  removed  from 
the  possession  of  any  pawnbroker  without  the  process  of  law 
required  by  the  existing  laws  of  this  State,  or  the  laws  and  ordi 
nances  of  tin?  cit  y  regulating  pawnbrokers.     A  refusal  or  neg- 
lect to  comply  in  any  respect  with  the  provisions  of  this  sec- 
tion, on  the  part  of  any  pawnbroker,  his  clerk  or  clerks,  shall  be 
deemed  a  misdemeanor,  and  punishable  as  such, 

Title  1l\  -   The  Court  of  Special  Sessions. 

§1569.  The  court  of  special  sessions  in  the  citv  and  county  18M«ch: 
of  New  York  has  jurisdiction  :  "  Jurisdiction. 

I.  To  try  and  determine  according  to  law  all  complaints  for 
misdemeanors,  unless  the  defendant  elects  to  be  tried  at  the 
court  of  general  sessions,  or  the  court  of  special  sessions  sends 
the  case  to  the  court  of  general  sessions  for  trial ; 

•2.  To  remit  fines  imposed  by  it,  and  in  place  of  the  fine  re- 
mitted, substitute,  in  its  discretion,  imprisonment; 

3.  By  an  order  entered  in  its  minutes,  to  declare  forfeited  the 
recognizance  of  a  defendant,  taken  by  the  court,  to  appear 
thereat,  upon  his  failure  so  to  appear; 

4.  To  impose  the  same  punishment  as  is  authorized  by 
statute  to  be  inflicted  in  like  cases  tried  in  the  court  of  general 
sessions  of  the  peace  of  that  city  and  county ; 

5.  By  warrant  attested  in  the  name  of  any  one  of  the  justices 
authorized  to  hold  the  court,  signed  by  the  clerk  thereof,  and 
entered  in  the  minutes  of  the  court,  to  enforce  its  judgments  and 
orders;  to  bring  before  the  court  all  accused  persons  for  trial  and 
judgment  in  all  cases  in  which  it  has  jurisdiction;  to  issue  sub- 
poenas for  the  attendance  of  witnesses,  attachment  for  con- 
tempt, and  other  process  necessary  for  the  proper  conduct  of  the 
court ; 

6.  To  require  the  principal  in  a  recognizance  to  appear  at  the. 
court,  and  enter  into  a  further  recognizance  to  keep  the  peace, 
or  to  be  of  good  behavior,  or  both,  toward  the  people  of  the 
State,  for  a  period  not  exceeding  one  year,  and  in  default  thereof- 
to  commit  him  to  prison  till  he  be  discharged  therefrom  according 
to  law. 

§  1570.  The  police  justices,  by  the  vote  of  a  majority,  have  id.**, 
the  exclusive  power^to  appoint  the  clerk,  deputy  clerk,  stenog- 


532 


THE  CLERK  OF  SPECIAL  SESSIONS. 


Id.  itoi. 

Term  of  office. 


Id.  JOT. 
Court,  iv hen 

held. 

How  consti- 
tuted. 

1R58,  ch.  2«2,  M, 
Comp.  1 181 


IKiH.  cl).  Jfi. 
( 'omp.  1 
fvtlnrv,  etc. 


1808,  Cb.  §2. 
Comp.  1 U'3 
Duty  of  sucb 
clerks. 


Id.  ja. 

Clerk  to  cer- 
tify sentences 
to  "sheriff. 


188l,ch.«2,§7«. 
In  whit  cases 
to  proceed  to 
trial. 


raphcr,  Uiterpreteri  and  < 4  1k*i-  officer  of  the  court  of  special 

sessions. 

§1571.  The  term  of  office  of  the  clerk  and  deputy  clerk  of 
the  court  of  special  sessions  is  the  same  as  the  term  of  office  of 
the  police  justices  of  that  city. 

,4  1572.  The  court  of  special  sessions  may  he  held  as  often  and 
at  such  times  as'the  justices  thereof  may  think  expedient.  It 
may  he  held  by  any  three  of  the  police  justices,  who  shall  sit 
alternately,  except  that  one  of  their  number  may  be  selected  to 
preside;  and  the  said  justices  shall  meet  in  convention  and 
assign  the  justices  to  hold  the  several  terms  of  said  court. 

§  1573.  The  salary  of  the  clerk  shall  be  six  thousand  dollars, 
and  that  of  the  deputy  clerk  shall  be  five  thousand,  and  shall 
not  be  increased  or  diminished  during  their  continuanoB  in  office. 
Such  salaries  shall  be  paid  out  of  the  treasury  of  the  city  and 
county  of  New  York  in  equal  monthly  payments.  Before  en- 
tering upon  the  duties  of  their  respective  offices,  the  said  clerk 
and  deputy  clerk  shall  severally  take  and  subscribe,  before  the 
clerk  of  the  county,  the  oath  £>t  office  prescribed  by  the  constitu- 
tion, which  oath  shall  he  filed  in  the  office  of  the  county  clerk. 
They  shall  also  severally  execute  a  bond  to  the  people  of  the 
State  in  the  penal  sum  of  one  thousand  dollars,  with  sufficient 
sureties,  to  be  approved  by  the  city  comptroller,  conditioned  for 
the  faithful  performance  of  their  duties  according  to  law,  which 
bond  shall  be  filed  in  the  office  of  the  said  city  comptroller. 

§  1574.  It  shall  be  the  duty  of  said  clerk  or  his  deputy  to 
administer  the  oath  or  affirmation  required  by  law  to  be  admin 
istered  in  the  said  court ;  to  issue  all  subpoenas  for  witnesses  on 
the  part  of  the  people,  and  to  furnish,  when  required,  the  nec- 
essary blanks  for  witnesses  on  the  part  of  the  defense. 

§  1575.  Whenever  sentence  shall  be  pronounced  upon  any 
person  convicted  of  any  offence  in  the  said  court  of  special 
sessions,  the  clerk  thereof  shall,  as  soon  as  may  be.  make  out 
and  deliver  to  the  sheriff  of  the  said  city  and  county,  or  his 
deputy,  a  transcript  of  the  entry  of  such  conviction  in  the 
minutes  of  the  said  court,  and  of  the  sentence  thereupon,  duly 
certified  by  the  said  clerk,  which  shall  be  sufficient  authority  to 
such  sheriff  or  deputy  to  execute  such  sentence,  and  he  shall 
execute  the  same  accordingly. 

§  1576.  When  the  court  of  special  sessions  in  the  city  and 
county  of  New  York  has  jurisdiction,  it  must_  proceed  to  the 
trial,  in  the  following  cases  : 

1.  When  the  defendant  has  requested  to  be  tried  in  such 
court ; 

2.  When  (having  omitted  for  twenty-four  hours  to  give  bail, 
as  required  by  the  magistrate  before  whom  he  was  brought,  for 


POWERS  OP  COPUT  Ofc'  SPECPVP  SESSIONS, 


his  appearance  at  the  next  court  of  general  sessions  of  the  city 
and  county  of  New  York)  a  jury  is  not  demanded  by  him,  on 
being  brought  before  the  court  of  special  sessions  for  trial. 

l.r>77.  Tf,  in  the  case  mentioned  in  the  second  subdivision  6£  M- *741 

the  last  section,  a  jury  be  demanded,  the  court  of  special  inndwt.iiimi* 

•~  j.  j    I      n  -x-  -  x, .  ,   ,  "      *    _ ,  tram  to  pro- 

sessions  must  proceed  to  the  examination  of   the  charge,  and  <■  itoeauni 

i    i  i  11      i   /»       i  ft  %  .  nation  of 

hold  the  defendant  to  answer  or  discharge  him,  m  same  manner  charK« 
as  the  magistrate  before  whom  he  was  originally  brought  might 
have  done. 

5  1578.  The  trial  must,  in  all  cases,  be  before  the  court  'd.5;'' , 

I  rial  to  Iw 

Without  a    jlll'V.  before  court. 

J      »  w  ithout  a  Jur> 

^  157l>.  Subpo'iias  for  witnesses,  and  the  certificate  of  thejudg-  w. 

ment,  must  be  signed  by  the  clerk  of  the  court,  who  must  also  sIl,i',II!i1!;;,llC.s'"' 

enter  all  the  proceedings  of  the  court,  and  the  sentences  upon  cate/oPjuV 

convictions,  in  a  book. of  minutes,  and  when  necessnrv.  certify  mrpVowedin'its 

•  i  j-  «,  of  court  and 

t  tlO  prOCeeamgS  Of  the  COUrt.  sentences  upon 

§  15S0.  Fines,  imposed  by  the  court,  must  be  received  by  the  id.  §746. 

clerk,  if  paid  before  committal  in  execution  of  the  judgment.  commUtaTtn 

He  must  every  thirty  days,  render  to  the  comptroller  of  the  ^e^kl  to 

city,  accounts  of  the  fines  imposed  and  received  by  him.  and  of  "l,",.',1;;;!;!!",'/ 

the  expenses  attending  the  court  .  rendered 

§  1581.  All  lines,  not  paid  to  the  clerk,  as  provided  in  the  id.  snr. 

last  section,  must  be  received  by  the  sheriff  of  the  city  and  ta^Sito6 

county  of  New  York  ;  who  must,  within  thirty  days  thereafter,  account  Hi8 

pay  them  to  the  comptroller  of  the  city,  in  the  same  manner  as  andToVhom' 

he  is  required  to  pay  fines  imposed  by  the  court  of  general  rendeml- 
sessions  of  the  city  and  county  of  New  York,  and  received  by 
him. 

§  1582.  No  transcript  of  a  conviction  had  in  the  court  of  special  id.  jtjs. 

sessions  need  be  certified  or  filed  ;  but  a  copy  of  the  minutes  of  of° conviction 

the  conviction,  certified  by  the  clerk,  is  conclusive  evidence  of  ceSflecTcopT 
the  facts  contained  therein. 

§  1583.  In  all  cases  of  misdemeanors  in  the  city  and  county 

of  New  York  where  the  accused,  upon  being  arrested  and  Comp  142°- 

i  .  ,  •     -  ,  ....  ..  tiii  i  Misdemeanors 

brought  before  the  committing  magistrate,  shall  elect  to  have  may  be  tried  by 

,,.    °  inn  .       ,  ,        ,  -  .  court  of  special 

his  case  heard  and  determined  by  the  court  of  special  sessions,  session*, 
the  affidavit  of  complaint  shall  be  forthwith  filed  with  the  clerk 
of  said  court,  to  the  end  that  said  court  may  proceed  to  hear  and 
determine  the  same  according  to  law.  If  the  accused  be  admit- 
ted to  bail  after  electing  to  be  tried  by  the  court  of  special  ses- 
sions, a  recognizance  shall  be  taken  for  the  appearance  of  said 
accused  at  said  court  of  special  sessions,  which  shall  also  be 
filed  with  the  clerk. of  said  court ;  and  if  the  accused  shall  fail 
to  appear,  pursuant  to  the  condition  of  said  recognizance,  the 
said  court  shall,  by  an  order  entered  in  their  minutes,  direct 
the  same  to  be  forfeited,  and  the  cbrk  thereof  shall  return  said 


of  minutes.con  • 
elusive  evi- 
dence. 

1859,  ch.  491,  {1, 


534 


KECXKJNIZA.WKS  IN  SPECIAL  SESSIONS. 


Id.  <*, 

C'omp.  1421. 
Powers  of 

court. 


Id.  |3. 

Witnesses  inn}' 
be  paid  in  cer* 
tain  cases. 


I860,  ch.  508. 
S35,Conip.  1418. 
( Vrk  to  be 
provide*!  with 
seal. 


Id.  §i:>, 

Comp.  1415. 
Keeopni/ancis. 


Id.  sl3, 
C'omp.  141o. 
Laws  relate  e 
to  recog- 
nizances to 
apply. 


1633.  ch.  313, 
Corap.  1119. 


recognizance,  with  a  Certified  copy  of  the  minutes  of  the  court 
forfeiting  the  same,  to  the  district  attorney  of  the  city  ami 
county  of  New  York,  to  the  end  that  said  accused  and  sureties 
may  he  prosecuted  thereon  according  to  law. 

§  1581.  Subpoenas  for  the  attendance  of  witnesses,  attach- 
ments for  contempt,  and  other  process  necessary  for  the  proper 
conduct  of  said  court,  shall  he  tested  in  the  name  of  any  one  of 
the  justices  authorized  to  hold  the  court,  and  signed  In  the 
clerk.  Subpoenas  issued  for  the  attendance  of  witnesses  in  said 
court  shall  he  served  by  some  proper  person  or  persons,  wider 
the  direction  of  the  clerk  thereof. 

§  1585.  When  any  person  shall  have  been  committed  as  a 
witness  in  behalf  of  the  people  of  this  State  in  any  cause  pend- 
ing in  the  court  of  special  sessions,  and  it  shall  appear  that  such 
person  is  poor,  the  said  court,  in  its  discretion,  may.  by  an  order 
in  its  minutes,  direct  the  county  treasurer  to  pay  such  witness 
such  sum  of  money,  not  exceeding  ten  dollars,  as  shall  seem 
reasonable  to  the  court.  The  clerk  of  said  court  shall  immedi- 
ately make  out  and  deliver  a  certified  copy  of  such  orfler  to  the 
person  in  whose  favor  the  same  is  made,  without  exacting  any 
fee  for  such  service.  Upon  the  production  of  such  certified 
copy  to  the  chamberlain,  he  shall  pay  to  the  person  authorized 
to  receive  the  same  the  sum  of  money  so  directed  to  be  paid, 
which  shall  be  allowed  to  said  treasurer  in  his  accounts. 

§  1580.  The  seal  heretofore  provided  for  the  court  of  special 
sessions  in  said  county,  on  which  is  engraved  the  arms  of  the 
State,  and  the  words  "court  of  special  sessions,  county  of  New 
York,"  shall  continue  t©  be  the  seal  of  said  court,  and  all  pro- 
cess issued  by  said  court  shall  be^sealed  with  the  said  seal  and 
signed  by  the  clerk  of  said  court. 

§  15S7.  Every  recognizance  for  appearance  at  the  said  court 
of  special  sessions  shall  be  returnable  as  heretofore  ;  and  every 
recognizance  for  appearance  at  said  court,  or  that  shall  be  taken 
before  said  court,  shall  be  subject  to  forfeiture  and  shall  be 
prosecuted  in  the  manner  provided  in  this  act  for  the  forfeiture 
and  prosecution  of  recognizances  by  the  court  of  special  sessions 
and  district  attorney. 

§  158S.  All  provisions  of  law  in  relation  to  the  taking  and 
discharging  of  recognizances  to  keep  the  peace  in  said  city,  by 
one  of  the  police  justices,  shall  apply  as  far  as  practicable,  to 
the  taking  or  discharging  by  the  said  court  of  special  sessions  of 
any  recognizance  authorized  to  be  taken  under  the  provisions  of 
law. 

§  1589.  All  persons  convicted  in  said  city  fo*r  the  violation  of 
any  law  cognizable  by  -a  police  justice  may,  in  addition  to  the 
fine  or  penalty,  be  required  to  pay  the  costs  and  charges  accru- 
ing thereon. 


REPORTS  OK  CONVICTION'S  IN  SPECIAL  SESSIONS. 


53.r, 


S>  1590.  Any  recognizance  to  keen  the  peace  or  to  be  of  good  iwo.c^soe.jia, 

o  J  tri  II  o  Corap.  1411. 

behavior,  or  both,  by  the  court  of  special  sessions  may  be  for  any 
sum  that  any  court  in  said  city  was,  on  April  seventeenth, 
eighteen  hundred  and  sixty,  authorized  to  fix  in  any  such  recog- 
nizance. 

is  1591.  Whenever  any  magistrate  in  said  city  shall  bind  over,  i*".  rh.son. sir. 

,  ,  Couip.  nit;, 

or  commit  any  person  for  his  appearance  at  the  court  of  special  witn.-wn 

,     ,  , ,  .  iii        bound  over  by 

sessions,  to  answer  any  criminal  charge  or  oilier  misconduct,  he  ,,■,,..-„, /1Ul.-.., 

may  also  bind  over  the  witnesses  for  the  prosecution  to  appear 

and  be  examined  in  the  said  court,  in  the  same  manner  that  any 

magistrate  may  bind  over,  by  recognizance,  witnesses  to  appear 

and   be  examined  in  the  court  of  general  sessions  of  the  peace 

aforesaid;  and  the  said  court  of  special  sessions  shall  have  power 

to  bind  over,  in  similar  manner,  each  and  every  witness  for  the 

prosecution,  in  any  matter  to  be  heard  and  determined  by  said 

court.    All  provisions  of  law  in  relation  to  proceedings  after  This  act,  no« 

1  .  .  1  .  and  when  to 

orders  for  the  recognizance  of  witnesses  to  appear  at  said  court  «ppiy- 
of  general  sessions  shall,  as  far  as  is  practicable,  apply  to  any 
order  to  enter  in  recognizance  made  in  pursuance  of  this  section 
for  the  enforcement  thereof;  and  all  the  provisions  of  sections 
fourteen  hundred  and  seventy-two  to  fourteen  hundred  and 
seventy-nine,  inclusive,  in  relation  to  the  violation,  forfeiture, 
prosecution,  settlement,  or  discharge  of  any  other  recognizance 
shall  apply,  as  far  as  practicable,  to  any  recognizance  taken 
under  the  provisions  of  this  seotion. 

§  1592.  The  clerk  of  the  court  of  special  sessions  shall,  within  Comi>hi475 ' $8' 
three  days  after  the  first  day  of  each  month,  transmit  to  the  cierk  or  court 

.  •  n     i  *-/•  ..of  special  ses- 

secretarv  ot  state  a  transcript  of  the  entry  of  every  conviction  sionsofthe 

l-i-i      •  i  t  i  .  ..  .  peace  to  trans 

had  during  the  preceding  month  in  the  special  sessions  of  the  mit  entry  or 

°  r  °  r  conviction. 

said  city  and  county,  which  transcripts  shall  contain  the  name 
of  the  offender,  a  description  of  the  offense  in  such  form  as  the 
said  secretary  shall  prescribe,  and  the  sentence  upon  each  con- 
viction. 

$  1593.  An  application  for  the  allowance  of  an  appeal  from  u*i.eu.  44s, 

1  *  1  SS'51,  too. 

a  judgment  of  the  court  of  special  sessions,  can  be  made  only  to  Appeal  front 
the  recorder,  or  city  judge,  or  judge  of  general  sessions.     The  slsSons. 
affidavit  and  allowance  of  the  appeal  must  be  delivered  to  the 
clerk  of  the  court  of  special  sessions,  within  five  days  after  the 
allowance  of  the  appeal,  and  wThen  so  delivered  the  appeal  is 


deemed  taken. 


536 


COMMITMENT  <>F  CHILDREN  TO  INSTITCTIONS. 


Title  13. — Commitment  of  Children  to  Incorporated  Institutions. 
mi,  ch.  la;,  |4,      §  1594.  The  managers  of  the  Society  for  the  Reformation  of 

ok  amended  T  -i     t-v  n-  .      ,.         .  - 

1865,  ch.  v.x  $2,  Juvenile  Delinquents  m  the  city  of  >c\v  loik  shall  have  power, 
of  the  mana  in  their  discretion,  to  receive  and  take  into  the  house  of  refuge 
established  hy  them,  all  such  children,  who  shall  he  taken  up  or 
committed  as  vagrants,  or  convicted  of  criminal  offenses,  in  the 
said  city,  as  may,  in  the  judgment  of  the  court  of  general  ses- 
sions of  the  peace,  or  of  the  court  of  oyer  and  terminer,  in  and 
for  the  said  city,  or  of  the  jury  before  whom  any  such  offender 
shall  he  tried,  or  of  the  police  magistrates,  or  of  the  commis- 
sioners of  charities  and  correction,  he  proper  ohjects;  and  the 
said  managers  shall  have  power  to  place  the  said  children  com- 
mitted to  their  care,  during  the  minority  of  such  children,  at 
such  employments,  and  to  cause  them  to  he  instructed  in  such 
branches  of  useful  knowledge,  as  shall  he  suitable  to  their  years 
and  capacities;  and  they  shall  have  power,  in  their  discretion,  to 
hind  out  the  said  children,  with  their  consent,  as  apprentices  or 
servants,  during  their  minority,  to  such  persons,  and  at  such 
places,  to  learn  such  proper  trades-and  employments,  as  in  their 
judgment  will  he  most  for  the  reformation  and  amendment,  and 
the  future  henefit  and  advantage  of  such  children, 
lew,  ch.  its,  §  1595.  It  shall  he  the  duty  of  all  courts  and  magistrates  hy 

Comp.  1783.      whom  any  juvenile  delinquent  shall  he  committed  or  sent  to  the 
toUnscena°nnKe  house  of  refuge,  to  ascertain  the  age  of  such  delinquent  hy  such 
of  delinquents.  pr00fs  as  may  he  in  their  power, and  to  insert  such  age  in  the 
order  of  commitment,  and  the  age  thus  ascertained  shall  be 
deemed  and  taken  to  he  the  true  age  of  such  delinquent.  In 
wnenmaiift     cases  where  the  age  of  the  delinquent  so  committed  is  not  so 
tain  age  of       ascertained  and  inserted  in  the  order  of  commitment,  the  said 
managers  shall,  as  soon  as  may  be  after  such  delinquent  shall 
be  received  by  them,  ascertain  the  age  of  such  delinquent  by 
such  proof  as  may  be  in  their  power,  and  cause  the  same  to  be 
entered  in  a  book  to  be  designated  by  them  for  that  purpose, 
and  the  age  thus  ascertained  shall  be  deemed  and  taken  to  be 
the  true  age  of  such  delinquent, 
id  s*  §  1590.  All  children  under  the  age  of  sixteen  deserting  their 

deemed  disor-    homes  without  good  and  sufficient  cause,  or  keeping  company 
derychddren.  w dissolute  ot  vicious  persons  against  the  lawful  commands 
of  their  fathers,  mothers,  guardians,  or  other  persons  standing 
in  the  place  of  a  parent,  shall  be  deemed  disorderly  children, 
id.  §  1597.  Upon  complaint  made  on  oath  to  any  police  magis- 

magistrate  to    trate  against  any  child  within  said  county,  under  the  age  of 
issue  warrant,    gj^gg^  ^  j-, jg  or  jier  parent  or  guardian,  or  other  person  stand- 
ing to  him  or  her  in  place  of  a  parent,  as  being  disorderly,  such 


COMMITMENT  OF  CHILDREN  To  INSTITUTIONS. 


Magistrate  or  justice  shall  issue  his  warrant  for  the  apprehen- 
sion of  the  offender,  and  cause  hini  or  her  to  he  brought  hefore 
himself  or  any  other  police  magistrate  for  examination.    Jf  such  M»k'  <•■■-■  1  ■■' 

J  r  °  conviction  iukI 

magistrate  he  satisfied  hv  competent  testimony  that  such  person  ;  '"""<  <•' 

°  VI  j  i  house  of 

is  a  disorderly  child  within  the  description  aforesaid,  he  shall  "'"»-'" 
make  up  and  sign  a  record  of  conviction  thereof,  and  shall  hy 
warrant  under  his  hand  commit  such  person  to  the  house  of 
refuge,  and  the  powers  and  duties  of  the  said  managers  in  rela- 
tion to  the  said  children  shall  he  the  same  in  all  things  as  are 
prescribed  as  to  other  juvenile  delinquents  received  hy  them  ; 
provided,  however,  that  any  person  committed  under  this  sec- 
tion shall  have  the  same  right  of  appeal  secured  hy  law  to  per- 
sons convicted  of  criminal  offense  ;  hut  on  any  such  appeal  mere 
informality  in  the  issuing  of  any  warrant  shall  not  he  held  to  he 
sufficient  cause  for  granting  a  discharge. 

§  1598.  Whenever  it  shall  appear  to  the  managers  of  the  So-  «n^ch.«»,|i, 
ciety  for  the  Reformation  of  Juvenile  Delinquents  in  the  city  of  when  man- 
New  York,  that  any  of  the  delinquents  confined  in  the  house  of  pfyTor'Snk'r 
refuge  or  under  their  care,  shall  have  been  guilty  of  attempting  Unquentsto  *" 
willfully  to  set  fire  to  any  building  belonging  to  the  institution  countyjwa? 
or  any  combustible  matter  for  the  purpose  of  setting  fire  to  any 
such  building,  or  that  any  delinquent  shall  have  been  guilty  of 
violence  to  any  officer  or  inmate  of  the  institution,  or  of  openly 
resisting  the  lawful  authority  of  the  officers  of  the  institution,  or 
of  attempting,  by  threats  or  otherwise,  to  incite  others  to  do  so, 
or  shall  by  gross  or  habitual  misconduct  exert  a  dangerous  and 
pernicious  influence  over  the  other  delinquents,  it  shall  be  lawful 
for  the  said  managers  to  submit  a  written  statement  of  the  facts 
in  any  such  case  to  a  justice  of  the  supreme  court  in  the  first  ju- 
dicial district,  or  the  superior  court  or  to  a  judge  of  the  court  of 
common  pleas,  and  thereupon  to  apply  to  him  for  an  order  au- 
thorizing the  temporary  confinement  of  such  delinquent  for  cor- 
rection in  the  penitentiary  or  county  jail  of  the  county  of  New 
York,  or  in  the  penitentiary  or  county  jail  of  the  county  from 
which  the  delinquent  was  committed. 

§  1599.  It  shall  be  the  duty  of  the  justice  or.  judge  so  applied  m.  §2. 
to  forthwith  summarily  to  inquire  into  and  take  proof  of  the  tota^SStS? 
facts  of  the  case,  and  if  it  shall  appear  to  him  that  the  statement  order"  0 
is  substantially  true,  and  that  the  case  is  one  in  which  the  ends 
designed  to  be  accomplished  by  the  institution  or  its  general 
welfare  will  be  best  promoted  by  his  doing  so,  he  shall  there- 
upon make  an  order  authorizing  the  confinement  of  the  delin- 
quent in  the  said  penitentiary  or  county  jail  in  the  city  of  New 
York,  or  in  the  penitentiary  or  county  jail  of  the  county  from 
which  the  delinquent  was  committed,  for  a  limited  period  to 
be  expressed  in  the  order,  and  not  exceeding  the  period  of  six 


53S 


COMMITMENT  OF  CHILDREN  TO  INSTITUTIONS. 


Superintendent 
or  Keeper  to  re- 
ceive delin- 
quents bo  com- 
mltted. 


Id.  83. 
When  to  he 
returned  tu 
house  of 
i  ef  ll).'<- 


Jd.  j4. 

1'ernons  not  to 

he  discharged. 


1857,  ch.  1MB, 
SSL  a, 

us  amended 
1878,  ch.  165.  Jl. 
Oomp.  1788. 


months.  And  the  superintendent  or  keeper  of  the  said  peniten- 
tiary or  county  jail  determined  upon  by  said  judge  and  named  in 
said  order,  is  hereby  authorized  and  required  to  receive  sueh  de- 
linquent and  detain  him  during  the  period  expressed  in  such  or- 
der, unless  the  managers  shall  previously  to  the  expiration  of 
such  period  direct  him  to  be  returned  to  the  said  house  of 
refuge. 

§  1G00.  At  the  expiration  of  the  period  limited  by  the  said 
order,  or  sooner,  if  the  said  managers  shall  direct  it,  the  superin 
tendent  or  keeper  of  the  said  penitentiary  or  county  jail  shall  re- 
turn such  delinquent  to  the  custody  and  care  of  the  superinten 
dent  of  the  said  house  of  refuge  to  be  further  dealt  with  accord- 
ing to  the  laws,  rules,  and  regulations  ordained  for  its  govern- 
ment. 

§  1601.  No  person  convicted  of  vagrancy  or  of  any  criminal 
offense,  and  committed  to  or  confined  in  the  house  of  refuge  es- 
tablished by  the  said  society  in  the  city  of  New  York,  shall  be 
discharged  by  habeas  corpus  or  certiorari  from  such  confine- 
ment, on  the  ground  that  no  certificate  of  such  conviction  has 
been  filed,  or  on  the  ground  of  any  variance,  misdescription, 
misnomer,  or  any  defects  or  imperfections  in  matter  of  form 
contained  in  the  record,  process,  entries,  judgment,  order  of 
commitment,  returns,  or  other  proceedings  under  or  in  pursu- 
ance of  which  such  commitment  was  made;  provided  that  such 
certificate  be  filed,  or  such  variance,  misdescription,  misnomer 
or  defect  or  imperfection  in  matter  of  form  be  corrected  by  order 
of  the  court  before  which  such  writ  of  habeas  corpus  or  certio- 
rari is  returnable. 

§  1602.  Whenever  any  girl  under  the  age  of  fourteen  or  boy 
under  the  age  of  ten  years,  shall  be  brought  by  any  policeman, 
before  the  mayor  or  recorder,  or  any  other  magistrate  of  the 
said  city,  upon  the  allegation  that  such  child  was  found  in  any 
street,  highway  or  public  place  in  said  city,  in  the  circumstances 
of  destitution  and  suffering,  or  abandonment,  exposure  or  neg- 
lect, or  of  beggary,  specified  and  defined  in  section  fourteen  hun- 
dred and  sixty-three  of  this  act,  and  it  shall  be  proved  to  the 
satisfaction  of  such  magistrate,  by  competent  testimony,  that 
such  child  is  embraced  within  the  said  section,  and  it  shall 
further  appear  to  the  satisfaction  of  such  magistrate,  by  compe- 
tent testimony,  or  by  the  examination  of  the  child,  that  by  rea- 
son of  the  neglect,  habitual  drunkenness,  or  other  vicious  habits 
of  the  parents  or  lawful  guardian  of  such  child,  it  is  a  proper  ob- 
ject for  the  care  and  instruction  of  the  American  Female  Guard- 
ian Society,  such  magistrate,  instead  of  committing  such  child  to 
the  alms-house  of  said  city,  or  to  such  other  place,  if  any,  as 
may  have  been  provided  by  the  common  council  thereof,  in  his 


COMMITMENT  OF  CHILDREN  TO  INSTITUTIONS. 


539 


discretion,  by  warrant  in  Writing,  under  his  hand,  may  commit 
such  child  to  the  said  society,  to  be  and  remain  under  the 
guardianship  of  its  managers,  until  therefrom  discharged  iii 
manner  prescribed  by  law.    Such  commitment  shall  be  by  war 
rant,  in'substanee  as  follows: 

To  J  D  ,  one  of  the  policemen  of  the  citv  of  New  Form  or  com 


n  tne 

chare 


York:  You  are  hereby  commanded  to  take  charge  of  C — 

E  ,  a  child  under  the  age  of  fourteen,  who  has  been  proved 

to  me,  by  competent  evidence,  to  be  embraced  within  section 
fourteen  hundred  and  sixty-three  of  the  act  entitled,  etc.,  etc., 
giving  the  title  of  this  act,  and  who  also  appeal's  to  my  satisfac- 
tion to  be  a  proper  object  for  the  care  and  instruction  of  the  man- 
agers of  the  American  Female  Guardian  Society,  and  shall  de- 
liver the  said  child  without  delay  to  the  same  society,  in  Thir- 
tieth street,  between  Madison  and  Fourth  avenue;  and  for  so 
doing  this  shall  be  your  sufficient;  warrant. 

Dated  this         day  ,  eighteen  hundred 

But  no  variance  from  the  preceding  form  shall  be  deemed 
material,  provided  it  sufficiently  appear  upon  the  face  of  the 
warrant  that  the  child  is  committed  by  the  magistrate  in  the  ex- 
ercise of  the  powers  given  him  by  this  section.  Any  order  so  executed* 
made  by  any  such  magistrate  shall  be  executed  by  any  police- 
man to  whom  it  shall  be  delivered  by  the  magistrate,  by  convey- 
ing the  child  therein  named  to  the  Home  for  the  Friendless,  and 
such  child  shall  be  detained  in  said  home  until  discharged  or  re- 
moved therefrom  in  the  manner  hereinafter  provided. 

*  1603.  Immediately  upon  the  making  of  any  such  order,  the  1857, ch. 249, «a. 

*      1  "  4.  as  amended 

magistrate  making  the  same  shall  deliver  to  a  policeman  of  the  [^^-^  ■ SI- 
city  a  notice,  in  writing,  addressed  to  the  father  of  such  child,  if  Duty  of  magi* 
its  father  be  living  and  resident  within  the  city,  and  if  not,  then 
to  its  mother,  if  she  be  living  and  so  resident ;  and  if  there  be  no 
father  or  mother  of  such  child  resident  within  the  city,  then  ad- 
dressed to  the  lawful  guardian  of  such  child,  if  any,  or  to  the 
person  with  whom,  according  to  the  examination  of  the  child, 
and  the  testimony,  if  any,  received  by  such  magistrate,  such 
child  shall  reside  ;  in  which  notice  the  party  to  whom  the  same  i-: 
addressed  shall  be  informed  of  the  commitment  of  such  child  to 
the  said  Society,  and  shall  be  notified  that  unless  taken  there- 
from in  the  manner  prescribed  by  law,  within  ten  days  after  the 
service  of  such  notice,  the  child  therein  named  shall  be  deemed 
legally  surrendered  to  said  Society,  for  the  purposes,  and  within 
the  true  intent  and  meaning  of  the  sixth  section  of  its  act  of  in-  . 
corporation,  passed  April  sixth,  eighteen  hundred  and  forty- 
nine.    Such  notice  shall  be  served  by  the  policeman  to  whom  it  how 
shall  be  delivered,  by  delivering  the  same  to  the  party  to  whom 
it  shall  have  been  addressed,  personally,  or  by  leaving  it  with 


",40 


COMMITMENT  OF  CHILDREN  TO  INSTITUTIONS. 


Id.  H\  6. 
Further  duty  of 
magistrate. 


Want  of  proof. 


Id.  $7. 
Final  order. 


Id.  §8. 

Commitments 
for  insufficient 
cause. 


some  person  of  sufficient  age,  at  tho  place  of  residence  or  busi- 
ness of  such  party,  and  it  shall  l>e  the  duty  of  such  policeman 
immediately  to  report  the  fact  and  the  time  and  manner  of  £ucb 
service,  to  the  magistrate. 

§  1004.  If  the  party  to  whom  such  notice  shall  have  been  ad- 
dressed, or  any  other  person,  shall,  within  the  time  therein 
specified,  proveTo  the  satisfaction  of  the  magistrate  issuing  the 
same,  that  the  circumstances  of  want  and  suffering,  or  other 
cirenmstances  described  in  section  fourteen  hundred  and  sixty- 
three  of  this  act,  under  which  such  child  shall  have  been  found, 
have  not  been  occasioned  by  the  habitual  neglect  or  misconduct 
of  the  parents  or  lawful  guardian  of  such  child,  then  it  shall  be 
the  duty  of  such  magistrate,  by  order  in  writing,  addressed  to 
the  managers  of  the  said  Society,  to  direct  such  managers  to  de- 
liver such  child  to  the  custody  of  the  party  named  in  such  order, 
who  shall  thereupon  be  entitled  to  take  such  child  away  from 
the  said  Societ  y.  If*  such  proof  shall  not  be  produced  within  the 
time  above  prescribed,  it  shall  be  the  duty  of  the  magistrate  by 
whom  the  child  shall  have  have  been  committed  to  the  said  So- 
ciety, to  make  and  transmit  to  the  managers  thereof  a  jioticein 
writing,  to  that  effect. 

§  1005.  If  any  child  who  has  been  {"previously  arrested,  and 
delivered  to  the  parent  or  guardian,  as  hereinbefore  provided, 
shall  again  be  found  in  either  of  the  conditions  described  in  said 
section  fourteen  hundred  and  sixty-three,  the  magistrate  before 
whom  such  child  is  brought,  upon  proof  thereof,  may  forth- 
with make  a  final  order  for  committing  such  child  to  the 
care  and  instruction  of  said  Society,  without  giving  the  notice 
provided  for  in  the  last  section  but  one. 

§  1606.  If  at  any  time  after  a  child  shall  have  been  com- 
mitted to  the  said  society,  it  shall  be  made  to  appear  to  the  satis- 
faction of  the  board  of  managers  of  the  said  Society,  that  such 
child  was  on  insufficient  cause,  false  or  deficient  testimony,  or 
otherwise,  wrongfully  or  improvidently  so  committed,  the  said 
board  of  managers  shall,  on  the  application  of  the  parents,  guard- 
ian or  protector,  and  also,  if,  after  a  child  shall  have  been 
properly  committed  to  the  said  Society,  by  virtue  and  in  pursu- 
ance of  the  foregoing  provisions,  any  circumstances  should  oc- 
cur, that,  in  the  judgment  of  the  board  of  managers  of  said  home, 
would  render  expedient  and  proper  the  discharge  of  such  child 
from  the  guardianship  of  said  board,  having  a  due  regard  for 
the  welfare  of  such  child  and  the  purposes  of  said  Society,  the 
said  board  of  managers,  on  the  application  of  the  parents,  guard- 
ian, or  protector  of  such  child,  may,  in  ther  discretion,  deliver 
up  the  child  to  its  parents,  guardian  or  protector,  on  such  rea- 


('I'M MITMKNT  OK  I'HlLDltKN  TO  INSTITUTIONS. 


sonable  conditions  as  the  said  hoard  of  managers  may  deem  rigid 
and  proper. 

■S  1007.  The  said  managers  shall  have  power  and  il  shall  be  IfS^Se?' 

their  duty,  whenever  any  child  intrusted  or  committed  to  their  gj^f^ '-vl- 

chartre.  shall,  hv  the  commission  of  anv  infamous  crime,  or  hv  Power* and du 

°  '  V  •  a   a        a  a  8  ,,lou' 

confirmed  hahits  of  vagrancy,  have  hecome  so  degraded  and  de-  win. 
based  as  to  be  an  improper  subject  for  their  care  and  manage 
ment,  to  return  such  child  to  the  committing  magistrate, 
or  other  proper  authorities,  to  be  disposed  of  in  due  course  of 
law. 

j>«i0os.  Whevever  any  child  above  the  age  of  seven  and un-  1%]'$ 
dor  the  ago  of  fourteen  years  shall  be  brought  by  any  policeman  SsEchJw?,  |i, 
before  the  mayor  or  recorder  or  any  other  magistrate  of  the  said  ^mp,1J?* 
city,  upon  the  allegation  that  such  child  was  found  in  any  way,  ;;;;|],'j£,I^?tal 
street,  highway,  or  public  place  in  said  city,  in  the  circumstances  "^l]"'\bb  K 
of  want  and  suffering,  or  abandonment,  exposure,  or  neglect. 
Qr  ©f  beggary,  specified  or  defined  in  section  fourteen  hundred 
and  sixty-three  of  this  act,  and  it  shall  be  proved  to  the  satisfac- 
tion of  such  magistrate,  by  competent  testimony,  that  such 
child  is  embraced  within  the  said  section,  and  it  shall  further 
appear  to  the  satisfaction  of  such  magistrate,  by  competent  tes- 
timony or  by  the  examination  of  the  child,  that  by  reason  of  the 
neglect,  habitual  drunkenness  or  other  vicious  habits  of  the 
parents  or  other  lawful  guardian  of  such  child,  it  is  a  proper  ob- 
ject for  the  care  and  instruction  of  the  New  York  Juvenile  Asy- 
lum such  magistrate,  instead  of  committing  such  child  to  the 
alms  house  of  said  city  01  such  other  place,  if  any,  as-may  have 
been  provided  by  the  common  council  thereof,  in  his  discretion, 
by  warrant  in  writing  under  his  hand,  may  commit  such  child 
to  said  corporation,  to  be  and  remain  under  the  guardianship  of 
its  directors  until  therefrom  discharged  in  manner  prescribed 
by  law.    Such  commitment  shall  be  by-  warrant,  in  substance  as 
follows  : 

"To  A.  B.,  one  of  the  policemen  of  the  city  of  New  York  : 
You  are  hereby  commanded  to  take  charge  of  A.  B.,  a  child 
under  the  age  of  fourteen  and  above  the  age  of  seven  jears,  who 
has  been  proved  to  me,  by  competent  evidence,  to  be  em- 
braced within  section  fourteen  hundred  and  sixty-three  of  the 
act  entitled,  etc.,  giving  the  title  of  this  act,  and  who  also  ap- 
pears, to  my  satisfaction,  to  be  a  proper  object  for  the  care 
and  instruction  of  the  corporation  created  by  an  act  entitled 
'  An  act  to  incorporate  the  New  York  Juvenile  Asylum,'  passed 
June  thirtieth,  eighteen  hundred  and  fifty-one,  and  to  deliver 
the  said  child  without  delay  to  the  said  corporation,  at  its  house 
of  reception  in  this  city,  and,  for  so  doing,  this  shall  be  your 
sufficient  warrant. 


542 


COMMITMENT  OF  CHILDREN  TO  INSTITUTIONS. 


<  >rder  ho« 
executed. 


]85r,ch.!H9,  Jl  I 
.is  nui'-ndi'il 
1HC0,  CO.  245,  J',* 
Conip.  17-10. 
Not  ice  of 
magistrate  to 
father,  etc. 
l»Abb.  ft!. 


Id.  |U, 

ns  amended 

18C6,  cu.  345,  $3. 

Service  of 

notlco. 


Report  of  ser- 
vice to  magis- 
trate. 


Record  of 
service. 


In  what  case 
child  to  be  sur- 
rendered to 
father,  etc. 


"  Dated  this         day  of  eighteen  hundred 

Any  order  so  made  hy  any  such  magistrate,  shall  be  executed  by 
any  policeman  to  whom  it  shall  he  delivered  hy  the  magistrate, 
by  conveying  the  child  therein  named  to  the  house  of  reception 
to  he  established  hy  said  corporation  ;  and  Biich  child  shall  bo  de- 
tained in  such  house  of  reception  until  discharged  or  removed 
therefrom  in  the  manner  hereinafter  provided. 

.  1609.  Immediately  upon  the  making  of  any  such  order,  the 
magistrate  making  the  same  shall  deliver  to  a  policeman  of  the 
city  especially  detailed  for  that  service,  a  notice  in  writing,  ad- 
dressed to  the  father  of  such  child,  if  its  father  is  still  livi»g,  and 
resident  within  the  city,  and,  if  not,  then  to  its  mother  if  she  be 
living  and  so  resident  ;  and  if  there  be  no  father  or  rnotherof  such 
child  resident  within  the  city,  then  addressed  to  the  lawful 
guardian  of  such  child,  if  any,  or  the  persons  with  whom,  accord- 
ing to  the  examination  of  the  child  and  the  testimony,  if  an  v.  re 
ceived  by  such  magistrate,  such  child  shall  reside,  in  which  no- 
tice the  party  to  whom  the  saint!  is  addressed  shall  be  informed 
of  the  commitment  of  such  child  to  the  house  of  reception  of 
said  corporation,  and  shall  be  notified  that  unless  taken  there- 
from in  the  manner  prescribed  by  law,  within  twenty  days  after 
the  service  of  such  notice,  the  child  therein  named  will  be  and 
become  the  ward  of  said  corporation. 

?  1610;  Such  notice  shall  be  served  hy  the  policeman  detailed 
for  that  service,  by  delivering  the  same  to  the  party  to  whom  it 
shall  have  been  addressed,  personally,  or  by  leaving  it  with  some 
person  of  sufficient  age  at  the  place  of  residence  or  business  of 
such  party,  and  it  shall  be  the  duty  of  such  policeman  imme- 
diately to  report  the  fact  and  the  time  and  manner  of  such  ser- 
vice to  the  magistrate,  and  enter  in  a  book  to  be  provided  for 
that  purpose,  and  kept  at  the  house  of  reception  of  the  New 
York  Juvenile  Asylum,  the  fact  of  having  served  such  notice, 
the  time  and  manner  of  such  service,  and  the  fact  thus  recorded 
shall  in  all  cases  be  presumptive  evidence  of  the  proper  service 
of  such  notice.  If  the  party  to  whom  such  notice  shall  have 
been  addressed,  or  any  other  person,  shall,  within  the  time 
therein  specified,  prove  to  the  satisfaction  of  the  magistrate  is- 
suing the  same,  that  the  circumstances  of  want  or  suffering  or 
other  circumstances  described  in  the  said  section  fourteen  hun- 
dred and  sixty-three,  under  which  such 'child  shall  have  been 
found,  have  not  been  occasioned  by  the  har  itual  neglect  or  mis- 
conduct of  the  parents  or  lawful  guardians  of  such  child,  then  it 
shall  be  the  duty  of  such  magistrate,  by  order  in  writing,  ad- 
dressed to  the  superintendent  of  the  house  of  reception  of  said 
corporation,  to  direct  such  superintendent  to  deliver  such  child 
to  the  custody  of  the  party  named  in  such  order,  who  shall 


COMMITMENT  OF  CHILDREN"  TO  INSTITUTIONS.  M: 

thereupon  bo  entitled  to  take  such  child  from  the  said  house  of 

reception.    But  if  such  proof  shall  n<»t  In*  produced  within  the  wi..n .>ro«r  oi 
1  ■    __T    *  r  .  ■•inn, .in,. -hi 

time  above  des<ribed.  such  child  shall  he  removed  from  the 
house  of  reception  to  the  asylum;  and  whether  such  removal  to 
the  asylum  has  taken  place  or  not,  the  order  of  commitment  by 
such  magistrate  shall  be  final,  and  he  shall  thereafter  have  no 
power  to  discharge  such  child  from  the  house  of  reception  or 
from  the  asylum,  or  in  any  manner  from  the  care  and  custody 
of  said  corporation. 

§1011.  Whenever,  after  careful  and  diligent  search  and  in-  [v^ViV 
quiryjpthe  policeman  whose  duty  it  was  to  serve  the  notice  de-  ,"fi;"|,r 
scribed  in  the  last  section  but  one,  shall  not  have  found  either 
the  father,  mother,  legal  guardian,  or  person  with  whom,  ac- 
cording to  the  examination  of  the  child  and  the  testimony,  if 
any,  received  by  such  magistrate,  said  child  shall  have  resided, 
it  shall  be  the  duty  of  the  superintendent  of  the  house  of  recep- 
tion to  cause  the  following  notice,  with  the  proper  blanks  in- 
serted, to  be  posted  up  in  a  conspicuous  place  in  the  police  sta  • 
t ion-house  nearest  the  alleged  residence  of  the  child,  viz.  :  • 

"  Not  ice.  —  This  is  to  certify  that  ,  a  child  of  Notice, 
about  the  age  of  years,  hair,  eyes,  complex- 
ion, in  height,  and  said  to  be  of  descent,  was 
on  the  day  of  ,  IS  ,  committed  by 
to  the  house  of  reception  of  the  New  York  Juvenile  Asylum, 
number  twenty-three  West  Thirteenth  street,  and  that  after 
careful  search  and  inquiry  made  by  .  neither  the  parents, 
legal  guardians,  or  persons  with  whom  said  is  alleged 
to  have  resided,  can  be  found.   , 

"  New  York,  ,  IS    .  Superintendent/' 

And  the  posting  of  said  notice,  as  above  required,  shall  be 
deemed  as  equivalent  to  having  duly  served  it  on  the  parent  or 
guardian,  or  person  with  whom  the  child  was  alleged  to  have  re 
sided,  in  cases  where  they  or  either  of  them  could  be  found. 

§  1612.  If  any  child,  under  the  age  of  fourteen  years,  having  isa, c1lS8sl $ig, 
sufficient  bodily  health  and  mental  capacity  to  attend  the  public  ?^."chnjM5,  §i. 
schools,  shall  be  found  wandering  in  the  streets  or  lanes,  or  in  procwixHngs  in 
any  public  place  in  the  city  of  New  York,  idle,  truant,  or  with-  v^kbondcbn 
out  any  lawful  occupation,  any  police  magistrate  in  said  city,  on  fourteen iyeara 
complaint  thereof  by  any  citizen,  on  oath,  shall  cause  such  child 
to  be  brought  before  him  for  examination,  and  shall  also  cause 
the  parent  or  guardian  or  master  of  such  child,  if  he  or  she  have 
any,  to  be  notified  to  attend  such  examination.    If,  on  such  C'X-  In  what  caae 
animation,  the  complaint  shall  be  satisfactorily  established,  such  bTv7 boudc " 10 
magistrat  e  or  just  ice  shall  require  the  parent,  guardian  or  master 
to  enter  into  an  engagement  in  writing  to  the  corporate  authori- 
ties of  said  city,  that  he  will  restrain  such  child  from  so  wander- 


54  l 


COMMITMENT  OK  CHILDREN  TO  INSTITUTIONS. 


In  w  lint  ca.s>> 
magistrate  to 
(five  exclusive 
control  of  child 
to  corporation. 


Duty  of 

policeman. 


1851,  ch.  332.§14, 
as  amended 
18G6,  ch.  245,  §5, 
Comp.  1742. 
lYoceedings 
relative  to 
children  who 
leave  home  or 
associate  with 
vicious  per- 
sons, and  who 
are  complained 
of  by  parents, 
etc. 


ing  about,  will  keep  him  or  her  on  his  own  promises,  or  in  some 
lawful  occupation,  and  will  cause  such  child  to  ho  sent  to  some 
school  at  least  four  months  in  each  year,  until  he  or  she  becomes 
fourteen  years  old.  Such  magistrate  or  justice  as  aforesaid  may 
in  his  discretion  require  security  for  the  faithful  performance  of 
such  engagement.  If  such  child  has  no  parent,  guardian  or 
master,  or  none  can  be  found,  or  if  such  parent,  guardian  or 
master  refuse  or  neglect  for  twenty  days  to  enter  into  such  an 
engagement,  and  to  give  such  security,  if  required,  such  magis- 
trate or  justice  shall  by  warrant  under  his  hand,  commit  such 
child  exclusively  to  said  corporation.  If  the  engagement  pro- 
vided for  in  this  section  shall  be  habitually  or  intentionally 
violated,  such  magistrate  or  justice  shall,  on  complaint  thereof 
in  the  manner  already  described  in  this  section,  cause  such  child 
to  be  again  brought  before  him  for  examination,  with  notice  to 
the  person  by  whom  the  engagement  was  made,  or  if  such  per- 
son cannot  be  found,  or  no  longer  has  the  custody  of  such  child, 
then  with  notice  to  the  person  having  the  guardianship  or  con- 
trol of  such  child,  if  any  such  person  there  be,  to  attend  such  ex- 
amination, and  if  the  complaint  shall  be  satisfactorily  estab- 
lished, the  magistrate  or  justice,  as  aforesaid,  shall  by  warrant 
commit  such  child  exclusively  to  said  corporation.  Nothing 
herein  contained  shall  be  construed  to  relieve  the  person  who  has 
so  violated  his  engagement  from  the  penalty  prescribed  by  sec- 
tion second  of  chapter  one  hundred  and  eighty-five  of  the  laws 
of  eighteen  hundred  and  fifty-three,  and  the  provisions  of  that 
section  are  extended  to  this  sectfon,  as  far  as  the  same  are  ap- 
plicable. It  shall  be  the  duty  of  every  policeman  who  shall  find 
any  child  in  the  condition  herein  described,  to  arrest  and  to  bring 
such  child  before  such  magistrate  or  justice,  to  be  dealt 
with  in  accordance  with  the  provisions  of  this  section.  The 
board  of  police  are  hereby  authorized  and  required  to  make 
necessary  and  suitable  regulations  for  carrying  into  effect  the 
duty  hereby  imposed  upon  said  policemen. 

§  1613.  If  any  child  in  the  city  of  New  York,  between  the 
ages  of  seven  and  fourteen  years,  shall  desert  his  home  without 
sufficient  cause,  or  shall  keep  company  with  dissolute  or  vicious 
persons  against  the  lawful  command  of  his  or  her  father,  moth- 
er, guardian,  or  other  person  standing  in  the  place  of  a  parent, 
then  upon  complaint  upon  oath  by  such  parent,  or  other  person 
standing  in  the  relation  of  parent,  any  police  magistrate 
of  said  city  shall  cause  such  child  to  be  brought  before 
himself,  or  any  other  magistrate  or  justice  for  examina- 
tion. If  such  justice  or  magistrate  be  satisfied  by  com- 
petent testimony  that  such  child  is  one  of  the  class  of  persons 
described  in  this  section,  he  shall,  by  warrant  under  his  hand, 
commit  such  child,  in  his  discretion,  to  the  charge  of  said  cor- 


COMMITMENT  (»['  ( 'If II.DKKN  TO  INSTITI  TK )NS. 


54S 


poration.  Nothing  in  this  section  contained  shall  prevent  pro- 
ceedings from  being  taken  under  other  statutory  provisions  ap- 
plicable to  the  class  of  children  described  in  this  section.  Per- 
sons committed  under  this  and  the  preceding  section  shall  he 
subjected  to  the  same  general  treatment  as  other  children  com- 
mitted to  the  charge  of  said  corporation,  or  voluntarily  intrusted 
to  it. 

§  1014.  If  any  child  who  has  heen  previously  arrested  and  M-*tt 
delivered  to  the  parent  or  guardian,  as  hereinbefore  provided,  of  child, 
shall  again  be  found  in  either  of  the  conditions  described  in  said 
section  fourteen  hundred  and  sixty-three  of  this  act,  the  magis- 
trate before  whom  such  child  is  brought,  upon  proof  thereof, 
may  forthwith  make  a  final  order  for  committing  such  child  to 
the  care  and  instruction  of  said  corporation,  without  giving  the 
notice  provided  in  section  sixteen  hundred  and  nine. 

£  1615.  If  at  any  time  after  a  child  shall  have  been  commit-  m.|ib, 
ted  to  the  said  New  York  Juvenile  Asylum,  it  shall  he  made  to  be  disc  harmed, 
appear  to  the  satisfaction  of  the  board  of  directors  of  the  said 
asylum  that  such  child  was  on  insufficient  cause,  false  or  defici- 
ent testimony,  or  otherwise  wrongfully  or  improvident!}"  so  com- 
mitted, the  said  hoard  of  directors  shall,  on  the  application  of 
t  he  parents,  guardians;  or  other  protector  of  such  child,  discharge 
the  child  from  the  said  asylum  and  restore  it  to  such  parents, 
guardian  or  protector  ;  and  also,  if  after  a  child  shall  have  been 
properly  committed  to  the  said  New  York  Juvenile  Asylum,  any 
circumstances  should  occur,  that  in  the  judgment  of  the  board 
of  directors  of  the  said  asylum  would  render  expedient  and 
proper  a  discharge  of  such  child  from  the  said  asylum,  having  a 
due  regard  to  the  welfare  of  the  child,  and  the  purposes  of  the 
asylum,  the  said  board  of  directors  on  the  application  of  the 
parents,  guardian  or  protector  of  such  child,  may,  in  their  dis- 
cretion, discharge  the  child  from  the  said  asylum  and  restore  it 
to  its' parents,  guardian  or  protector,  on  such  reasonable  con- 
ditions as  the  said  board  of  directors  may  deem  right  and 
proper. 

lGlt'..  The  sakl  corporation  shall  have  power  to  return  to  ™  a*Ine"nded 
the  committing  magistrate,  or  other  proper  authorities,  to  be  c^phi7«!'  $*' 
disposed  of  in  due  course  of  law,  any  child  whatsoever,  who, 
for  any  reason  in  the  judgment  of  the  directors  of  said  corpora- 
tion, shall  not  be  a  proper  subject  for  its  care.    It  shall  also  have 

In  what  case 

power  to  transfer  such  child  to  the  custody  of  the  commissioners  return 
of  public  charities  and  correction,  or  to  any  other  incorporated  trat^orhand 
public  institution  for  the  care  of  vagrant,  homeless,  orphan  or  commissioner* 

'  ,'  .      ,     ,  „,  ,  ....  of  public 

criminal  children,  and  to  make  with  such  institution  suitable  charities  and 

j  .  i>         t  correction. 

and  needtnl  arrangements  for  the  care,  support  and  education 
of  such  child.    Said  commissioners  or  such  institution  shall  have 


COMMITMENT  <>!•  CHILDREN  TO  INSTITUTIONS. 


l'ower  of  said 
comnilwli  hum  i 


1bT4.  cu.3!)},  $3 
Coup.  1752. 
( 'ertaln  chil- 
dren nmy  be 
committed  to 
Its  care. 


1*03.  ch.  448, 
«8,  9. 

Comp.  1757. 
1875,  ch.  21N,  $2, 
Com  p.  1763. 
('•'rtain  chil- 
dren found  clcs 
I ittlt<-  to  hi: 

committed  to 
New  York 
( 'athollc  Pro- 
tectory- 


1671,  ch.  83, 
Comp.  1762. 
Regulation 
concerning. 


Duty  of 
policeman 


power  on  their  part  to  receive;  such  child  from  the  -New  York 
Juvenile  Asylum,  and  to  enter  into  the  arrangements  for  the 
care,  support  and  education  thereof  heretofore  specified  in  this 
section,  anything  in  its  charter  or  the  laws  governing  it  to  the 
contrary  notwithstanding. 

§  1C1T.  The  several  magistrates  in  the  city  of  New  York,  and 
the  commissioners  of  charities  and  correction  are  authorized  to 
commit  and  transfer  to  the  care  and  management  of  the  corpor- 
ation known  as  the  Home  for  Christian  Care  such  children  or 
persons  as  may  come  under  their  jurisdiction,  and  who  may  he 
eligible  hy  the  constitution  and  by-laws  of  the  said  corporation. 

§  101$.  Whenever  any  child  above  the  age  of  seven  and  under 
the  age  of  fourteen  years,  shall  he#  brought  by  any  policeman  of 
the  city  of  New  York  before  any  magistrate  of  said  city  or  the 
court  of  special  sessious,  upon  the  allegation  that  such  child  was 
found  in  any  way,  street,  highway,  or  puhlic  place  iu  said  city, 
in  the  circumstances  of  want  and  suffering  or  abandonment, 
exposure,  or  neglect  ,  or  of  heggary.  specified  or  defined  in  section 
fourteen  hundred  and  sixty-three  of  this  act,  and  it  shall  be 
proved  to  the  satisfaction  of  such  magistrate  or  court,  by  com 
potent  testimony,  that  such  child  is  embraced  within  the  said 
section,  and  it  shall  further  appear  to  the  satisfaction  of  such 
magistrate  or  court,  by  competent  testimony,  or  by  the  examin- 
ation of  the  child,  that,  by  reason  of  the  neglect  or  vicious  habits 
of  the  parents,  or  other  lawful  guardian  of  such"  child,  it  is  a 
proper  object  for  the  care  of  such  corporation,  such  magistrate, 
instead  of  committing  such  child  to  the  alms-house  of  said  city, 
or  such  other  place,  if  any,  as  may,  have  been  provided  by  the 
common  council  thereof,  in  his  discretion,  by  warrant  in  writing 
under  his  hand,  may  commit  such  child  to  the  New  York  Cath' 
olic  Protectory,  to  be  and  remain  under  its  care  until  therefrom 
discharged  in  manner  prescribed  by  law.  Such  commitment 
shall  be  hy  warrant,  in  substance  as  follows  : 

"  To  A.  B.,  one  of  the  policemen  of  the  city  of  New  York: 
You  are  hereby  commanded  to  take  charge  of  C.  D.,  a  child 
under  the  age  of  fourteen  and  above  the  age  of  seven  years,  who 
has  been  proved  to  me,  by  competent  evidence,  to  be  embraced 
within  section  fourteen  hunched  and  sixty-three  of  the  act  en- 
titled etc.,  etc.,  giving  the  title  of  this  act,  and  who  also  appears 
to  my  satisfaction  to  be  a  proper  object  for  the  care  of  the  cor- 
poration known  as  the  New  York  Catholic  Protectory,  and  to 
deliver  the  said  child,  without  delay,  to  the  said  corporation,  at 
its  house  of  reception  in  this  city,  and  for  so  doing  this  shall  be 
your  sufficient  warrant. 

"  Dated  this  day  of  ,  eighteen  ." 

An  order  so  made  by  any  such  magistrate  or  couit  shall  be 


guardian. 


COMMITMENT  OF  CIIILDKEX  To  INSTITUTIONS.  .">47 

executed  by  any  policeman  to  whom  it  shall  ho  delivered  hy  the 
magistrate  or  court,  by  convoying  tho  child  thoroin  namod  to  the 
house  of  reception,  established  by  said  corporation,  and  such 
child  shall  he  detained  in  such  house  of  reception  until  dis- 
charged or  removed  therefrom  in  the  manner  hereinafter  pro- 
vided. 

§  1010.  Immediately  upon  the  making  of  any  such  order  the  comp.Vw.'*10, 
magistrate  or  court  making  the  same  shall  deliver  to  a  policeman  ^eroSon1" 
of  tho  city,  especially  detailed  for  that  service,  a  notice,  in  writ-  chK&ofitM 
ing,  addressed  to  the  father  of  such  child,  if  its  father  be  living 
and  resident  within  tho  city,  and  if  not,  then  to  its  mother,  if 
she  be  living  and  so  resident,  and,  if  there  be  no  father  or  mother 
of  such  child  resident  within  the  city,  then  addressed  to  the  law- 
ful guardian  of  such  child,  if  any,  or  to  the  person  with  whom, 
according  to  the  examination  of  the  child,  and  the  testimony,  if 
any,  received  by  such  magistrate  or  court,  such  child  shall  re- 
side, in  which  notice  the  party  to  whom  the  same  is  addressed 
shall  bo  informed  of  the  commitment  of  such  child  to  the  house 
of  reception  of  said  corporation,  and  shall  be  notified  that,  unless 
taken  therefrom  in  the  manner  prescribed  by  law,  within  twenty 
days  after  the  service  of  such  notice,  the  child  therein  named 
shall  be  committed  to  the  asylum  of  said  corporation. 

§  1020.  Such  notice  shall  be  served  by  the  policeman  detailed 
for  that  service,  by  delivering  the  same  to  the  party  to  whom  it 
shall  lutvu  been  addressed,  personally,  or  by  leaving  it  with  some 
person  of  sufficient  age  at  the  'place  of  residence  or  business  of 
such  party;  and  it  shall  be  the  duty  of  such  policeman  imme- 
diately to  report  the  fact,  and  the  time  and  manner  of  such  ser- 
vice, to  the  magistrate  or  court,  and  enter  in  a  book  to  be  pro- 
vided for  that  purpose,  and  kept  at  the  house  of  reception  of  said 
corporation,  the  fact  of  having  served  such  notice,  the  time  and 
manner  of  such  service,  and  the  record  of  such  fact  shall  in  all 
cases  be  evidence  of  the  proper  service  of  such  notice.  When- 
ever, after  careful  and  diligent  search  and  inquiry,  the  police- 
man whose  duty  it  was  to  serve  the  notice  above  described  shall 
not  have  found  either  the  father,  mother,  legal  guardian,  or  per- 
son with  whom,  according  to  the  examination  of  the  child,  and 
the  testimony,  if  any,  received  by  such  magistrate  or  court, 
such  child  shall  have  resided,  it  shall  be  the  duty  of  the  super- 
intendent of  the  house  of  reception  to  cause  the  following  no- 
tice, with  blanks  properly  filled  up,  to  be  posted  up  in  a  conspicu- 
ous place  in  the  police  station-house  nearest  the  alleged  residence 
of  the  child,  viz.: 

M  Notice. — this  is  to  certify  that  .  a  child  of  about 

the  age  of  years,  hair,         eyes,  complexion, 

in  height,  and  said  to  be  of  descent,  was  on  the 


Id. 

Manner  of 

service. 


Form  of  notice, 


Ms 


COMMITMENT  OF  CHILDREN   TO  INSTITUTIONS. 


l«G3.ch.  »l«,jl2, 
Com  p.  1*09. 
When  chilil  to 
be  delivered  to 
parent  or 

.  (111!  •!■!>>. 


id.  §r 

When  child  to 
be  removed 
from  house  of 
reception  to 
the  asylum. 


Id.  "14. 

When  child  to 
be  discharged 
from  asvlum. 


day  of  .  eighteen  ,  committed  by  lo  tin- 

house  of  reception  of  the  New  York  Catholic  Protectory,  and 
that  after  careful  search  and  inquiry  made  by  ,  neither  the 

parent,  legal  guardians,  nor  persons  with  win. in  -aid  i-. 
alleged  to  have  resided,  can  be  found. 
"New  York.  ,  eighteen 

Superintendent." 

And  the  posting  of  said  notice,  as  above  required,  shall  be 
deemed  as  equivalent  to  having  duly  served  it  on  the  parent  or 
guardian,  or  person  with  whom  the  child  alleged  he  or  she  had 
resided,  in  cases  where  they  or  either  of  them  could  be  found. 

55  1G21.  If  the  party  to  whom  any  such  notice  shall  have  been 
addressed,  or  any  other  person,  shall  within  the  time  therein 
specified,  prove  to  the  satisfaction  of  the  committing  magistrate, 
or  court,  tbat  the  circumstances  of  want  and  suffering,  or  other 
circumstanct  s  above  described,  under  w  hich  such  child  shall 
have  been  found,  have  not  been  occasioned  by  the  habitual  neg- 
lect or  misconduct  of  the  parents  or  lawful  guardian  of  such 
child,  then  it  shall  be  the  duty  of  such  magistrate,  or  court,  by 
order  in  writing,  addressed  to  the  superintendent  of  the  house  of 
reception  of  said  corporation,  to  direct  such  suj)erintendent  to  de- 
liver such  child  to  the  custody  of  the  party  named  in  such  order, 
who  shall  thereupon  be  entitled  to  take  such  child  from  the  said 
bouse  of  reception. 

>j  1»;22.  If  such  proof  shall  not  be  produced  witbm  the  time 
above  prescribed,  it  shall  be  the  duty  of  the  magistrate,  or  court, 
by  whom  the  child  shall  have  been  committed  to  the  house  of 
reception,  to  make  and  transmit  to  the  superintendent  thereof, 
a  notice  in  writing  to  that  effect,  and  thereupon  the  child  named 
in  such  notice  shall  be  removed  from  such  house  of  reception  to 
the  asylum  of  said  corporation.  Whonenever  the  parent,  guard- 
ian, or  next  of  kin  of  any  child  between  the  ages  of  seven  and 
fourteen  years,  about  to  be  finally  committed  for  any  of  the 
causes  specified  in  the  preceding  sections,  shah  request  the  magis- 
trate to  commit  such  child  to  said  corporation,  it  shall  be  the 
duty  of  such  magistrate  or  court  so  to  commit  such  child. 

§  1023.  If,  at  any  time  after  a  child  shall  have  been  commit- 
ted to  the  said  corporation,  it  shall  be  made  to  appear  to  the 
satisfaction  of  the  said  corporation  that  such  child  was,  on  in- 
sufficient cause,  false  or  deficient  testimony,  or  otherwise  wrong- 
fully or  improvidently  so  committed,  the  said  corporation  shall, 
on  the  application  of  the  parents,  guardians,  or  other  protector 
of  such  child,  discharge  the  child  from  the  said  asylum,  and  re- 
store it  to  such  parents,  guardian,  or  protector:  and.  also,  if  after 
a  child  shall  have  been  properly  committed  to  the  said  corpora- 
tion, any  circumstances  should  occur  tlrat,  in  the  judgment  of 


COMMITMENT  OF  CHILDREN  TO  INSTITI  TI<  )NS 


649 


Trustees  to 
have  the  con- 
trol of  certain 
orphans  and 
indigent 


tho  said  corporation  would  render  expedient  and  proper  a  dis- 
charge of  such  child  from  the  said  asylum,  having  a  duo  regard 
to  the  welfare  of  the  child,  the  said  corporation,  on  the  applica- 
tion of  the  parents,  guardian,  or  protector  of  such  child,  may, 
at  discretion,  discharge  the  child  from  the  said  asylum,  and  re- 
store it  to  its  parents,  guardian,  or  protector,  on  such  reasonable 
conditions  as  the  said  corporation  may  deem  right  and  proper. 

§  1624.  Whenever  any  child  intrusted  or  committed  to  the  q^j7VI 
charge  of  said  corporation  shall,  hv  the  commission  of  any  in-  when  chin  i. 

,  -i        -ii-i  v.  ,       bo  returned  to 

famous  crime,  or  hv  continued  evil  hahits,  have  become  so  de-  committing 

<•  '  m  magistrate 

graded  and  dehased,  in  the  opinion  of  the  said  corporation,  as  to 
he  an  improper  suhject  for  its  care,  the  said  corporation  shall 
have  powei  to  return  such  child  to  the  committing  magistrate, 
court,  or  other  proper  authorities*,  to  he  disposed  of  in  due  course 
of  law. 

$  1G25.  The  trustees  for  the  time  heingof  the  Hebrew  Benevo-  i2wn«ideSH 
lent  Society,  shall  have  the  sole  and  exclusive  custody  and  control  compare?' 51 
of  the  persons  of  such  orphans,  half- orphans  or  indigent  children 
of  the  age  not  exceeding  thirteen  years,  as  they  may  agree  to 
maintain,  provide  for,  educate  and  instruct  during  the  minority  of  children 
such  orphans,  half-orphans  and  indigent  children,  provided,  that 
in  respect  to  any  orphan,  its  legal  guardian  or  nearest  relative, 
or  one  of  the  governors  of  the  alms-house,  and  in  respect  to  any 
half-orphans  or  indigent  children,  the  parents  or  surviving 
parent,  or  legal  guardian,  shall  consent,  in  writing,  to  such  child 
being  maintained,  provided  for,  educated  and  instructed  by  said 
society,  or  that  such  half-orphan  or  indigent  child  shall  be  com- 
mitted to  the  care  and  custody  of  said  society  by  any  court, 
magistrate,  or  police  justice  of  the  city  of  New  York,  in  any 
case  where  such  court,  magistrate,  or  police  justice  shall  acquire 
jurisdiction  under  any  law  of  this  State,  and  in  such  case  such 
court,  magistrate  or  police  justice  shall  have  the  like  power  and 
authority,  with  the  consent  of  said  trustees,  to  commit  to  the  bvcou'moud 
care  and  custody  of  said  corporation  as  can  now  be  exercised  in  "ms'stra  es' 
regard  to  any  other  public  institution  ;  and  the  said  corporation 
can,  by  agreement  and  transfer  from  every  other  institution  hav- 
ing the  legal  custody  of  any  orphan,  half-orphan  or  indigent  chil- 
dren, obtain  the  care  and  custody  of  such  child  or  children,  in  like 
manner  as  by  such  aforesaid  consent  or  commitment,  and  the  said  apprentice!"5 
trustees  shall  have  the  power  and  authority,  on  the  arrival  of  any 
such  orphan,  half-orphan  or  indigent  child  at  the  age  of  thirteen 
years  and  upward,  to  bind  them  out  to  be  taught  and  instructed 
in  some  necessary  or  useful  employment,  on  such  terms  and 
restrictions,  and  to  such  persons  and  upon  such  conditions  as  the  Te™f.a"<i 

*■  1  conditions, 

said  trustees  may  deem  proper;  and  the  said  corporation  is  p°wer8.et'*- 
hereby  vested,  in  respect  to  the  persons  of  all  such  orphans. 


560 


COMMITMENT  OF  CHILDREN  TO  INSTITUTIONS. 


half-orphans  and  indigent  children,  with  all  the  powers  and  au- 
thority conferred  upon  the  New  York  Juvenile  Asylum,  by  the 
acts  passed  June'  thirtieth,  eighteen  hundred  and  fifty-one, 
passed  July  eighteenth,  eighteen  hundred  and  fifty-three,  passed 
April  seventeenth,  eighteen  hundred  and  fifty-four,  and  passed 
March  thirtieth,  eighteen  bundled  and  sixty-six,  *-o  far  as  they 
are  applicable  to  this  section. 
cSm^im!  §  162fi-  Tne  several  magistrates  in  the  city  of  New  York  are 
Powers  of       authorized  to  commit  to  the  care  and  charge  of  the  trustees  of 

magistrates  to  n-nii      r  t\ 

anTfri'ndTes?"  Shepherd  s  h  old  of  the  Protestant  Episcopal  Church,  in 

children.        the  State  of  New  York,"  such  orphan  and  friendless  children  as 

may  come  under  their  jurisdiction,  and  who  are  eligible,  as  bv 

the  charter  and  constitution  of  said  society. 
&M&  *      §  1027 '■  Whenever  any  child  of  the 'age  of  two  years  or 
Action  relative  under,  shall  be  found  on  any  street,  avenue,  highway  lane 

to  deserted  .  ,.        .  p   "  7  'ft  Ji  i  -j 

6hndrSd0LSr°  a"ey?  public  place,  dock,  pier,  vacant  lot  or  yard,  or  in  any 
under.  vacant  or  uninhabited  room,  house,  tenement,  shed  or  building 

of  any  kind  in  the  city  of  New  York,  abandoned  or  deserted, 
it  shall  be  lawful  for  any  policeman  or  other  person  so  finding 
such  child,  to  take  or  cause  the  same  to  be  taken  to  the  house  of 
reception  that  may  be  provided  by  the  New  York  Infant  Asy- 
lum in  the  city  of  New  York,  and  place  such  child  in  the  cus- 
tody of  such  corporation,  thereupon  making  and  subscribing  in 
a  register,  to  be  kept  for  that  purpose  in  said  house  of  reception 
by  said  corporation,  an  entry  in  writing  describing  such  child  as 
nearly  as  may  be,  and  setting  forth  with  particularity  the  time 
and  place,  when  and  where,  with  the  name  and  residence  of  the 
person  by  whom  such  child  was  so  found,  abandoned  or  deserted. 
Id-59-  §  162S.  The  said  corporation  shall  immediately  thereupon 

Notice  to  be  ..  ,  *  ,_      ,  -  ,,  •>  1 

iciven  by  super  cause  a  notice  substantially  in  the  following  form,  with  the 

intendent  of        .  »       *  , 

house  of  reeep-  blanks  properly  filled,  and  subscribed  by  the  superintendent  of 

tion  relative  to  • 

deserted  child,  the  said  house  of  reception,  to  be  furnished  to  the  police  commis- 
sioners, who  shall  cause  the  same  to  be  posted  in  each  of  the 
police  station-houses  in  said  city,  viz. : 

"  Notice. — This  is  to  certify  that  a  child  of  about  the  age  of  , 
hair  ,  eyes  ,  color  ,  was  on  the  day  of  , 
18  ,  found  in  the  city  of  New  York,  abandoned  or  deserted,  and 
has  been  placed  in  the  custody  »f  the  New  York  Infant  Asylum, 
and  unless  reclaimed  according  to  law,  within  thirty  days,  such 
child  will  remain  in  the  charge  and  custody  of  said  corporation. 
''Dated  18    .  Superintendent." 

Siu^c^p^iTes       §  1629.  If  within  said  period  of  thirty  days  after  such  notice 
whendSfls    shall  have  been  so  posted,  any  person  claiming  to  be  the  parent 
claimed.        or  ]awful  guardian  of  such  child  shall  make  oath  thereof  before 
some  magistrate  of  the  city,  such  magistrate  shall  thereupon 
issue  a  summons  to  said  corporation  to  appear  before  him,  at  a 


COMMITMENT  OF  CHILDREN  TO  INSTITUTIONS. 


5M 


time  and  place  to  be  specified,  not  less  than  two  nor  more  than 
four  days  from  the  service  thereof,  to  attend  the  hearing  of  said 
claim  for  such  child,  and  with  said  summons  shall  he  served  a 
copy  of  the  affidavit  so  made  hefoie  said  magistrate.  Cpon  the 
hearing,  if  the  claimant  shall  establish  by  competent  testimony, 
to  the  satisfaction  of  the  magistrate,  that  such  claimant  is  the 
parent  or  lawful  guardian  of  such  child,  such  magistrate;  shall 
thereupon  make  an  older  for  the  delivery  of  such  child  to  such 
claimant.  And  the  said  claimant  may  thereupon  remove  the  towhafccaaM 
said  child  from  the  custody  of  the  said  corporation;  provided,  mandedto 

J  1  .  custody  of 

however,  that  if  it  shall  satisfactorily  appear  to  such  magistrate  corporation 
that  such  claimant,  from  habitual  drunkenness,  or  other  vicious 
or  depraved  habits,  or  mode  of  life,  or  from  indigence  or  lunacy, 
or  other  cause,  is  an  unfit  or  improper  person  to  have  the  care 
and  custody  of  such  child,  he  rhall  thereupon  dismiss  the  snid 
claim,  and  remand  such  child  to  the  care  and  custody  of  said 
corporation.  And  in  case  upon  the  hearing  the  claimant  shall 
fail  to  establish  by  competent  testimony  to  the  satisfaction  of  the 
magistrate  that  such  claimant  is  the  parent  or  lawful  guardian 
of  such  child,  then  such  magistrate  shall  thereupon  dismiss  the 
claim  and  remand  the  child  to  the  care  and  custody  of  said 
corporation.  , 

§  1G30.  In  case  no  such  claim  shall  be  made  within  said  period  cz££im. 
of  thirty  davs,  or  being  made  within  that  period,  shall  be  dis-  Time  in  which 

,  .  ii-i  -ii  children  are  to 

missed  bv  the  magistrate,  then  such  child  shall  remain  and  be  remain  in 

,       -     .       ,  .  custody  of 

deemed  to  bo  in  the  lawful  care  and  custody  of  the  said  corpora-  corporation, 
tion  ;  if  a  female,  until  the  aje  of  eighteen  years,  and  if  a  male, 
until  the  age  of  twenty-one  years,  unless  sooner  discharged  by 
said  corporation,  as  hereinafter  provided. 

§  1031.  If  at  any  time  within  three  years  after  any  child,  so  w.  §12. 
found  abandoned  or  deserted  as  aforesaid,  shall  have  been  in-  children  to  i<» 
trusted  to  the  custody  of  said  corporation  as  above  provided,  it  parents,  etc. 
shall  appear  to  the  satisfaction  of  the  board  of  managers,  or  any 
justice  of  the  supreme  court  or  county  judge,  that  such  child 
was,  for  any  cause,  wrongfully  or  improvident!}1"  so  intrusted,  the 
said  board  shall  thereupon,  on  the  application  of  the  parents  or 
guardian  of  said  child,  discharge  the  said  child,  and  restore  it  to 
such  parents  or  guardian.  And  in  case  at  any  time  after  such 
abandoned  or  deserted  child  shall  have  been  intrusted  to  said 
corporation,  it  shall  appear  to  the  board  of  managers,  having 
due  regard  to  the  welfare  of  such  child  and  the  purpose  of  said 
corporation,  expedient  or  proper  to  discharge  such  child,  the  said 
board  of  managers  may,  in  their  discretion,  thereupon  discharge 
such  child  and  restore  it  to  its  parents,  guardian,  or  other  pro- 
tector, on  such  reasonable  terms  and  conditions  as  the  said  board 
may  deem  right  and  proper. 


552 


JURISDICTION  CEDED  TO  THE  UNITED  STATES. 


IRCS,  ch.lOfl,  $13. 
Comp.  1770. 
In  what  CUM 
children  may 
be  delivered  to 
magistrate,  etc ' 


§  1032.  Whenever  any  child  being  in  the  custody  of  the  said 
corporation,  shall,  by  the  commission  of  any  crime,  or  by  con- 
firmed evil  habits,  have  become  so  degraded  or  debased  as,  in 
the  opinion  of  the  board  of  managers,  to  be  an  improper  subject 
for  the  care  and  management  of  said  corporation,  the  said  cor- 
poration shall  have  the  power  to  deliver  such  child  into  the  cus- 
tody of  some  magistrate  or  other  competent  authority  of  the 
city  and  county  of  New  York,  to  be  disposed  of  in  due  course  of 
law. 


1  R.  fi.  rh.  L 
titles,  $3, 
Comp.  1517. 
In  the  harbor  of 
Now  Vork. 


1800,  ch.  802, 
*8>.  2.  3, 
Comp.  1 130, 
1525. 


1873,  ch.  320, 
{SI,  2, 

Comp.  1137. 
1528. 

Jurisdiction 
ceded  to  United 
States  over 
such  lands. 

1S06,  ch.  154,  $1, 
Comp.  1525. 
Consent  of 
State  given  to 
purchase  West 
Hank. 


Title  14. — Jurisdiction  Ceded  to  the  United  Slides. 

$  ]•'»:;:;.  Jurisdiction  lias  been  heretofore  ceded  to  tin1  United 
States  over  the  following  described  property: 

1.  Bedloe's  island,  Ellis  or  Oyster  island,  and  Governor's 
island,  but  such  jurisdiction  does  not  prevent  the  execution  on 
the  said  islands  of  any  process,  civil  or  criminal,  issuing  under 
the  authority  of  this  State. 

2.  So  much  and  such  portion  or  portions  of  the  easterly  end 
or  extremity  of  the  lands  and  lands  under  water,  commonly 
known  as  the  Battery  extension,  with  the  open  slip  or  basin  at 
the  easterly  end  thereof,  not  exceeding  two  hundred  and  fifty 
feet,  and  necessary  for  the  purpose  of  erecting  and  establishing 
a  barge  office  and  other  suitable  buildings  and  structures  for  the 
transaction  of  the  public  business  connected  with  the  United 
States  revenue  service,  and  for  the  landing  of  revenue  and  other 
government  boats  and  barges  for  the  use,  convenience  and  ac- 
commodation of  the  United  States  custom  house  for  the  port  of 
New  York,  together  with  the  slip  or  basin  eastwardly  adjacent 
thereto,  together  with  the  passage  of  not  less  than  seventy-five 
feet' in  width  from  the  aforesaid  lands  and  premises,  over  and 
across  the  lands  adjacent  thereto,  known  as  the  Battery  ground, 
for  purposes  of  ingress  and  egress  to  and  from  Whitehall  street, 
and  the  triangular  piece  of  land,  lying  westwardly  of  and  ad- 
joining the  said  lands  and  between  such  lands  and' the  slip  or 
basin  in  the  battery  known, as  the  New  Whitehall  boat  slip;  but 
such  jurisdiction  does  not  impede  the  execution  of  any  process, 
civil  or  criminal,  except  so  far  as  such  process  may  affect  the 
real  or  personal  property  of  the  United  States  within  the  ceded 
territory. 

3.  Such  portion  of  the  lands  under  water  comprising  what  is 
known  as  West  Bank  in  the  lower  bay  of  the  port  of  New  York, 
and  Old  Orchard  Shoals,  as  may  be  required  and  occupied  by  the 
United  States  in  the  erection  thereon  of  wharves  and  ware- 
houses  for  the  reception  of  goods  and  merchandise  arriving  in 
said  port  in  vessels  subject  to  quarantine  by  the  laws  of  this 
State,  but  such  cession  is  subject  to  the  right  to  serve  thereon 


Jl'KIKDICTION  t'KDKI)  TO  THK  I'NTTKI)  STATKS. 


any  process,  either  civil  or  criminal,  issued  under  the  authority 
of  the  laws  of  this  State. 

4.  Robin's  Reef,  New  York  harbor,  containing  an  area  of  less  '"•'•<->i  «j. 

'  '  °  ttl  to  3. 

than  one  acre.    The  said  jurisdiction  is  ceded  upon  the  express  wmp.im. 
condition  that  the  State  of  New  York  shall  retain  a  concurrent  BtatootNm 
jurisdiction  with  the  United  States,  in  and  over  the  property  ooncurreni 

.  Jurisdiction 

aforesaid,  so  far  as  that  all  civil  and  criminal  process  which  may 
issue  under  the  laws  or  authority  of  the  State  of  New  York  may 
be  executed  thereon  in  the  same  way  and  manner  as  if  such 
jurisdiction  had  not  been  ceded,  except  so  far  as  such  process 
may  affect  the  real  or  personal  property  of  the  United  States; 
but  the  jurisdiction  ceded,  continues  in  respect  to  said  property 
so  long  as  the  same  shall  remain  the  property  of  the  United 
States,  and  be  used  for  public  purposes,  and  no  longer. 

5.  The  land  formerly  const  ituting  a  portion  of  the  City  Hall  c^mpV™3, ;' 
Park  and  now  used  as  a  post-office,  together  with  such  land  ad-  Xp.  ims*' 
joining  the  same  on  the  north,. which  may  hereafter  be  con-  comp. isb. 
veyed  to  the  United  States  by  virtue  of  the  provisions  of  chap-  ^Vnvnt"1" 
ter  thirty-three  of  the  laws  of  eighteen  hundred  and  seventy-  Jurls<,ictlon 
nine.    Jurisdiction  is  ceded,  upon  the  express  condition  that  the 

State  of  New  York  shall  retain  a  concurrent  jurisdiction  with 
the  United  States  in  and  over  the  said  land,  so  far  as  that  all  civil 
or  criminal  process,  \s  hich  may  issue  under  the  laws  or  author- 
ity of  said  State,  may  be  executed  therein  in  the  same  manner 
as  if  such  consent  had  not  been  given,  or  jurisdiction  ceded, 
except  so  far  as  such  process  may  affect  the  real  or  personal 
property  of  the  United  States.  The  jurisdiction  ceded  continues 
in  respect  to  said  land  so  long  as  the  same  shall  remain  the 
property  of  the  United  States,  and  be  used  for  public  purposes, 
and  no  longer.  » 

G.  The  property  fronting  on  Wall  street,  now  occupied  by  i8w,ch.  w, 
the  United  States  as  an  assay  office;  and  also  the  property  north  oomp.  i5?o. 
of  the  same  fronting  on  Pine  street,  and  also  the  property  ad- 
joining said  Pine  street  property  on  the  east,  and  now  occupied 
by  the  United  States  for  revenue  purposes.    The  jurisdiction  IS  Condition  upon 
ceded,  upon  the  express  condition  that  the  State  of  New  York  (striven, 
shall  retain  a  concurrent  jurisdiction  with  the  United  States  in 
and  over  the  said  property,  so  far  as  that  all  civil  and  criminal 
and  other  process  which  ma}'  issue  under  the  laws  or  authority 
of  the  State  of  New  York,  may  be  executed  thereon  in  the 
same  way  and  manner  as  if  such  consent  had  not  been  given  or 
jurisdiction  ceded,  except  so  far  as  such  process  may  affect  the 
real  or  personal  property  of  the  United  States.    But  the  juris- 
diction ceded  continues  in  respect  to"  said  property,  and  to  each 
portion  thereof,  so  long  as  the  same  shall  remain  the  property 
of  the  United  States  and  be  used  for  public  purposes,  and  no 
longer. 


554 


COMMISSIONER  OF  JURORS. 


1»52,  ch.  123, 
SSI  to  5, 
Comp.  1524. 
Consent  of 
State  Riven  to 
purchase. 
State  to  retain 
concurrent 
Jurisdiction. 


7.  Thai  certain  tract,  piece,  or  parcel  of  ground,  real  estat< 
and  premises,  lying  and  being  in  the  first  ward,  and  constituting 
the  entire  square  formed  by  Wall,  William,  and  Hanover 
streets,  and  Exchange  place,  and  the  building  and  improvements 
erected  thereon,  covering  the  whole  of  said  square,  and  used  for 
the  purpose  of  a  custom  house.  The  said  jurisdiction  is  ceded 
upon  the  express  condition  that  the  State  of  New  York  shall 
retain  a  concurrent  jurisdiction  with  the  United  States  in  and 
over  the  said  property,  so  far  as  that  all  civil  and  criminal  pro 
cess,  which  may  issue  under  the  laws  or  authority  of  the  State 
of  New  York,  may  be  executed  thereon  in  the  same  way  and 
manner  as  if  such  consent  had  not  been  given  or  jurisdiction 
ceded,  except  so  far  as  such  process  may  affect  the  real  or  per- 
sonal property  of  the  United  States;  but  the  jurisdiction  ceded 
shall  continue  in  respect  to  said  property,  so  long  as  the  same 
shall  remain  the  property  of  the  United  States  and  be  used  for 
public  purposes,  and  no  longer. 


CHAPTER  XIX. 


187»,  ch.  26C.  fl, 
Comp.  1495. 
Salary  and 
allowance  of 
commissioner. 
66  N.  Y.  162. 
18T0,  ch.  539, 
SIT,  Corap.  1496. 
Salary  of  com- 
missioner. 
See  18T9,  ch. 
5  Daly,  485. 


1*47,  ch.  495,  $2, 
Comp.  1495. 
Bond  of 
commissioner. 
68  X.  Y.  162. 


Jurors. 

Title  1. — Hie  Commissioner  of  Jurors. 

• 

§  1C34.  The  commissioner  of  jurors  shall  be  paid  in  full 
satisfaction  for  his  services  a  j-early  salary  of  five  thousand 
dollars. 

§  1G35.  The  commissioner  of  jurors  shall  be  allowed,  for  con- 
tingent expenses,  including  clerk  hire  and  all  other  incidental 
expenses,  a  sum  not  to  exceed  six  thousand  dollars  per  annum, 
which  shall  be  audited  and  paid  as  the  expenses  of  other  officers 
of  said  city  and  county  are  audited  and  paid;  and  said  salary 
and  allowance  shall  be  in  lieu  of  all  fees  or  compensation  here- 
tofore a  charge  upon  the  county  of  New  York,  or  the  mayor, 
aldermen,  and  commonalty  of  the  city  of  New  York. 

§  1636.  The  commissioner  of  jurors  shall  execute  a  bond  to 
the  mayor,  aldermen,  and  commonalty  of  said  city,  in  the  pen- 1 
alty  of  five  thousand  dollars,  with  two  sureties  to  be  approved 
by  the  said  mayor,  conditioned  for  the  faithful  discharge  of  his 
duties. 


HOARD  TO  SELECT  (JItAN'I)  Jl'KoKS. 


§  1637.  The  commissioner  of  jurors  shall  he  the  judge  of  the  <-i> 

.  , ,  .  Comp  MM 

qualifications  of  grand  jurors.  He  shall  hear  and  determine  all  commissioner 
claims  for  exemption,  and  shall  keep  a  record  of  all  exempts,  t'ermm°™uim!i 
and  of  the  period  of  time  for  which  said  exemptions  are  allowed.  f  "r '  x"",>tlon 

Title  2.- -Grand  Juror*, 

<j  16:$S.  The  persons  to  serve  as  grand  jurors  at  courts  of  over  ism, ch. 466, |i, 
and  termiriVr  and  general  sessions,  to  he  held  in  the  city  of  New  omnd  jurors  to 
York,  shall  be  selected  from  the  persons  whose  names  are  con-  jTboar^^tLat 
tained  in  tho  lists  of  petit  jurors  for  the  time  being  for  said  city,  mTnvy?486. 
hy  a  hoard  to  consist  of  the  mayor  of  such  city,  the  presiding 
judge  of  the  supreme  court  in  the  lirst  judicial  district,  the  chief 
justice  of  the  superior  court  of  the  city  of  New  York,  the  first 
judge  of  the  court  of  common  pleas,  the  recorder,  and  the  city 
judge  of  said  city  and  county 

$  1639.  The  said  hoard  shall  meet  "at  the  office  of  thecommis-  1,1  il 
sioner  of  jurors  in  the  city  hall,  in  the  city  of  New  York,  on  board, 
the  first  Monday  in  September  in  every  year,  and  organize  by 
the  election  of  one  of  their  number  as  chairman.  Four  mem- 
bers shall  constitute  a  quorum  for  the  transaction  of  business, 
and  if  a  quorum  be  not  present,  the  board  shall  adjourn  from 
day  to  day  until  a  quorum  is  obtained. 

§  16-10.  The  commissioner  of  jurors  shall  attend  the  meetings  &»• 
of  the  said  board,  and  act  as  clerk  thereof.    He  shall  produce,  at  of  jurors  'toat- 
the  meetings  of  the  said  board,  all  the  lists  of  jurors  in  his  pos-  onward61 
session.    If  the  commissioner  of  jurors  shall  he  unable  to  attend, 
another  clerk  may  be  appointed  by  the  board. 

§  1641.  The  said  board  shall. within  fifteen  days  after  the  first  Ld: §l 

•  i         p  iTj  -i        -ii        i  ••  n  Selection  of 

meeting,  select  from  the  lists  produced  by  the  commissioner  of  persons  to 

'  *  r  serve  as  jurors. 

jurors  of  persons  qualified  to  serve  as  jurors  in  said  city,  a  list  of  ^,,leist  to  00 
the  names  of  not  less  than  six  hundred  nor  more  than  one  thou- 
sand persons,  to  serve  as  grand  jurors  of  the  different  courts  of 
oyer  and  terminer  and  general  sessions,  to  be  held  in  said  city, 
until  the  next  list  shall  be  "prepared,  and  the  names  thereon  de- 
posited as  hereinafter  mentioned.  The  persons  so  selected  shall 
he  intelligent  'citizens,  of  good  character,  and  shall  he,  so  far  as 
the  said  board  may  be  informed,  possessed  of  the  qualifications 
by  law  required  of  persons  to  serve  as  jurors  for  the  trial  of  issues 
of  fact,  and  not  exempted  from  serving  as  such  jurors. 

§  1642.  The  board  for  the  selection  of  grand  jurors  shall  have  SmJiSS:1"6, 
power,  from  time  to  time,  to  convene  at  the  office  of  the  com-  n^be3fiuedial 
missioners  of  jurors,  to  fill  any  vacancies  in  the  list  of  grand  "p 
jurors,  or  to  add  such  number  of  names  thereto  as  will  make  up 
the  full  complement  of  one  thousand  grand  jurors. 

§  1643,  The  lists  made  out  in  pursuance  of  the  provisions  of  [^/^ 
this  title  shall  contain  the  christian  and  surnames  at  length  of  oom^Mse.*88, 


550 


GRAND  JURORS. 


Lists,  what  to 
contain. 


1853,  ch.  408,  JC, 
Comp.  1496. 
Names  to  be 
placed  In  a  box. 


id.  s8. 

No  person  to 
•.en  e  unless  In- 
eluded  In  list. 


1881,  eh.  412. 
$$225,  22C. 


1813,  ch.  408,  $7 
Drawing?. 


ino.eh.689,  §28. 
Comp.  1496. 
firand  jurors, 
how  drawn  and 
summoned. 
Fines. 

61  N.  Y.  485. 


Number  to  be 
drawn  t  or  each 
court. 


1841,  ch.  332,  §1, 
Comp.  1497. 
1853.  ch.498,  §6, 
Comp.  1498. 
Thirty-sue 
names  of  jurors 
to  be  drawn  in 
New  York. 


the  persons  named  therein,  their  respective  places  of  residence, 
and  their  several  occupations.  It  shall  he  signed  by  the  officers 
composing  the  hoard,  and  certified  by  the  clerk  of  the  hoard, 
and  shall  he  filed  in  the  office  of  the  county  clerk  within  fifteen 
days  after  the  said  first  meeting. 

§  1044.  The  lists  so  filed  shall  he  prepared  and  the  names 
thereon  deposited  in  a  box,  and  the  names  of  the  persons  to  serve 
as  grand  jurors  drawn  therefrom  in  the  manner  provided  in  sec- 
tion sixteen  hundred  and  forty-nine  of  this  act. 

§  1045.  No  person  shall  be  summoned  to  serve  as  a  grand 
juror  at  any  court  of  oyer  and  terminer  or  general  sessions  held 
in  the  city  of  New  York,  except  his  name  shall  be  included  in 
the  list  of  grand  jurors  for  the  time  being,  selected  pursuant  to 
the  foregoing  sections. 

§  1040.  A  grand  jury  must  be  drawn  for  every  term  of  the 
court  of  general  sessions.  A  grand  jury  may  be  drawn  for  the 
court  of  oyer  and  terminer,  upon  the  order  of  a  judge  of  the 
supreme  court  elected  in  the  first  judicial  district. 

§  1047.  The  names  of  persons  drawn  as  grand  jurors,  shall,  in 
certain  cases,  be  returned  into  the  box  of  undrawn  ballots,  as 
now  provided  by  law,  and  whenever  the  court  of  oyer  and  ter- 
miner or  court  of  general  sessions  shall  order  the  sheriff  to  sum- 
mon additional  persons  to  complete  the  grand  jury  for  such 
court,  the  persons  who  shall  be  summoned  by  him  shall  be  first 
drawn  from  the  box  containing  the  undrawn  names  of  grand 
jurors,  in  the  manner  provided  for  the  drawing  of  an  original 
panel. 

§  1048.  Grand  jurors  shall  be  summoned  in  the  same  manner 
as  petit  jurors,  and  the  fines  imposed  on  grand  jurors  for  non- 
attendance  shall  not  be  less  than  fifty  dollars,  nor  more  than  two 
hundred  and  fifty  dollars,  and  the  same  shall  be  collected  or  re- 
mitted in  the  same  manner  as  is  provided  in  this  act  in  respect 
to  petit  jurors.  The  ballots  shall  be  prepared  by  the  commis- 
sioner of  jurors,  and,  after  being  carefully  compared  with  the 
lists  regularly  selected,  shall  be  placed  in  the  grand  jury  box. 
Unless  the  court  of  oyer  and  terminer  or  the  court  of  general 
sessions  shall  otherwise  direct,  the  commissioner  shall  draw  fifty 
grand  jurors  for  each  of  said  courts  on  the  same  day  that  the 
petit  jurors,  to  be  impaneled  at  the  same  time,  shall  be  drawn. 

§  1049.  At  the  time  of  drawing  the  names  of  jurors  for  the 
trial  of  issues  of  fact,  in  any  court  of  oyer  and  terminer,  and  at 
the  time  of  drawing  such  jurors  for  the  general  sessions  in  the 
city  of  New  York,  the  county  clerk,  in  the  presence  and  with 
the  assistance  of  the  sheriff  or  under  sheriff,  and  in  the  presence 
of  one  or  more  judges  of  a  court  of  record,  who  shall  have  at- 
tended for  the  purpose  of  drawing  the  petit  jury  for  such  court. 


QUALIFICATION  OF  IBIAL  JUKOB8. 


567 


shall  proceed  and  draw  in  and  for  the  city  of  -New  York  the 
names  of  persons,  from  the  hox  in  which  the  pieces  of  paper 
shall  have  heen  deposited  for  that  purpose,  to  serve  as  grand 
jurors  at  such  court  of  oyer  and  terminer  or  general  sessions,  as 
the  case  may  he.  The  judge  or  judges  present  shall  certify  to 
the  drawing. 

§  1050.  It  shall  be  the  duty  of  the  clerk  of  every  court  for  «*•<». 
which  a  panel  of  grand  jurors  shall  be  summoned  by  the  slier  ^i/,,,','1', 
iff  of  the  city  and  county  of  New  York,  to  notify  the  aldermen  Dut^of deifcfa 

•  .  ,  notifying  alder- 

of  every  case  in  which  less  than  a  niajonty  of  the  persons  named  menin  certain 
in  the  panel  shall  be  returned  as  personally  served,  and  the  al- 
dermen are  hereby  prohibited  from  allowing  or  paying  any  fees 
or  charges  to  the  sheriff  for  serving  any  of  the  persons  named  in 
a  panel  in  relation  to  which  they  shall  be  so  notified  or  for  mak- 
ing any  return  thereto.    Any  clerk  omitting  to  notify  the  al-  ^'itthi^tono 
dermen  as  required  by  this  section,  shall  be  liable  to  a  penalty  of  l,fy  aMt'rnion- 
one  hundred  dollars  for  every  such  omission,  to  be  recovered  by 
any  person  sueing  therefor. 

91651.  A  grand  jurv  mav  be  impaneled  in  the  court  of  oyer  is;o,  ch.Mo.ssr, 

°  i        •  /.  as  amended 

and  terminer,  and  another  m  the  court  of  general  sessions,  and  '^.ch 

'  i  OOmp.  1490. 

may  meet  at  and  sit  during  the  same  time:  but  whenever  either  A.gnmdjmy 

...  ,  .     ,.   ,  ,  .  may  be  impan 

grand  jury  shall  present  an  indictment  against  any  person  lor  eiedandmay 

any  offense,  it  shall  not  be  lawful  for  the  other  grand  jury  sit-  thecourtof 

J       ,  . .         ,  . .  ,  °>'er  aa<i 

ting  at  the  same  time  to  hear  or  act  upon  the  same  matter,  or  minerand 

°  ••i-j.i  /•  another  in  the 

make  any  presentation  in  relation  thereto,  so  far  as  it  shall  re-  C0Uj*J|( 
late  to  the  person  so  presented  bv  the  other  grand  jurv.  "sn' 

•r  *  ■»  *  same  time. 

Title  3.— Trial  Jurors. 

$  1652.  In  order  to  be  qualified  to  serve,  as  a  trial  juror,  Coheir. Proc 
in  a  court  in  the  citv  and  county  of  New  York,  a  person  comp.  mm. 

.  ,  Qualifications 
niUSt  be:  of  trial  jurors. 

1.  A  male  citizen  of  the  United  States,  and  a  resident  of  that 
city  and  county. 

2.  Not  less  than  twenty  .-one,  nor  more  than  seventy  years  of 
age. 

3.  The  owner,  in  his  own  right,  of  real  or  personal  property 
of  the  value  of  two  hundred  and  fifty  dollars;  or  the  husband  of 
a  woman  who  is  the  owner,  in  her  own  right,  of  real  or  personal 
property  of  that  value. 

4.  In  the  possession  of  his  natural  faculties,  and  not  infirm  or 
decrepit. 

5.  Free  from  all  legal  exceptions;  intelligent;  of  sound  mind 
and  good  character;  and  able  to  read  and  write  the  English  lan- 
guage un  derst  an  d  i  ngl  y . 

§  1653.  A  person  dwelling  or  lodging  in  the  city  and  county  Id  $1080- 
of  New  York,  for  the  greater  part  of  the  time,  between  the  first  resident. 


558  EXEMPTIONS  FKOM  TRIAL  DUTY. 

day  of  October  and  the  thirtieth  day  of  June  next  thereafter,  is 
a  resident  of  that  city  and  county,  for  that  jury  year,  within  the 
meaning  of  the  last  section;  and  it  is  not  necessary  that  be 
should  have  been  assessed  or  should  have  voted  there, 
w.  lioei,  £  1054.  Either  of  the  following  persons,  although  qualified,  is 

u  amended  "  n  t  o-i 

}87J. ch.  416;     entitled  to  an  exemption  from  service,  as  a  trial  juror,  upon  his 
iwxj.cn.  «7.      claiming  an  exemption,  as  prescribed  in  this  article: 
emptfrom  1.  A  clergyman,  or  a  minister  of  any  religion,  officiating  a> 

such,  and  not  following  any  other  calling. 

2i  A  practising  physician,  surgeon,  or  surgeon  dentist  having 
patients  requiring  his  daily  professional  attention,  and  not 
following  any  other  calling,  and  a  licensed  pharmaceutist  or 
pharmacist  while  actually  engaged  in  his  profession  as  a  means 
of  livelihood. 

3.  An  attorney  or  counsellor-at-law  regularly  engaged  in 
the  practice  of  the  law  as  a  means  of  livelihood. 

4.  A  professor  or  teacher  in  a  college,  academy,  or  public 
school,  not  following  any  other  calling. 

5.  The  holder  of  an  office  under  the  United  States,  or  tho 
State,  or  city  or  county  of  New  York,  whose  official  duties,  at 
the  time,  prevent  his  attendance  as  a  juror. 

G.  A  consul  of  a  foreign  nation. 

7.  A  captain,  engineer,  or  other  officer,  actually  employed 
upon  a  vessel,  making  regular  trips:  or  a  licensed  pilot,  actually 
following  that  calling. 

8.  A  superintendent,  conductor,  or  engineer,  employed  by  a 
railroad  company,  other  than  a  street  railroad  company,  or  a 
telegraph  operator,  employed  by  a  telegraph  company;  who  is 
actually  doing  duty  in  an  office,  or  along  the  railroad  or  tele- 
graph line  of  the  company,  by  which  he  is  employed. 

9.  A  grand  juror,  or  a  sheriff's  juror,  for  the  year,  selected 
pursuant  to  law. 

10.  An  officer,  non-commissioned  officer,  musician,  or  pri- 
vate, actually  serving  in  a  brigade,  regiment,  battalion,  com- 
pany or  troop,  of  the  national  guard  of  the  State,  uniformed  and 
equipped,  according  to  law,  and  faithfully  performing  his  duty, 
by  making  the  parades,  and  attending  the  drills,  inspections, 
and  reviews,  required  by  law;  or  a  general  or  staff  officer,  ac- 
tually, performing  duty  as  such;  or  a  person  who  has  been  hon- 
orably discharged  from  the  national  guard,  after  five  years'  ser- 
vice, in  either  capacity. 

11.  A  person  who  has  been  honorably  discharged  from  the 
military  forces  of  the  State,  after  seven  years'  faithful  service 
therein.  But  in  order  to  entitle  a  person  to  exemption,  under 
this  subdivision,  his  service  must  have  been  performed  before 

'the  twenty-third  day  of  April,  eighteen  hundred  and  sixty-two. 


EXCUSES  FROM  JTJEY  DUTY. 


55D 


Co.  I  Proc. 


either  as  a  general  or  staff-officer,  or  as  an  officer,  non-commis- 
sioned officer,  musician,  or  private,  in  a  uniformed  battalion, 
company,  or  troop,  of  the  militia  of  the  State,  and  armed,  uni- 
formed and  equipped  according  to  law;  or  a  portion  thereof, 
during  that  period  and  in  that  capacity,  and  the  remainder, 
since  the  twenty-third  day  of  April,  eighteen  hundred  and 
sixty-two.  as  a  member  of  the  national  guard  of  the  Stat". 

12.  A  person  who,  after  faithfully  performing  the  duties  "i 
a  fireman,  in  a  fire  company  or  tire  department,  duly  organized 
according  to  the  laws  of  the  State,  for  live  successive  years,  has 
been  honorably  discharged  therefrom. 

13.  A  person  who  is  physically  incapable  of  performing  jury 
duty,  by  reason  of  severe  sickness,  deafness,  or  other  physical 
disorder. 

14.  A  person  holding  office  under  the  tire  or  police  depart 
raent  of  the  city;  or  otherwise  especially  exempted  by  law. 

§  1655.  The  evidence  of  the  right  to  exempt  ion.  as  prescribed 
in  the  last  section,  is  as  follows:  comP.  uoi. 

1.  Under  subdivision  tenth  thereof,  where  the  applicant  IS  a  right  tocxpmp 
member  of  a  company  or  troop,  the  certificate  of  the  captain,  or  cas^"0*" 
other  commanding  officer  thereof,  dated  within  three  mouths 

of  the  time  of  presenting  it.  Or  the  commissioner  of  jurors 
ma}*,  in  his  discretion,  receivo  the  certified  list,  specified  in  the 
next  section,  as  sufficient  evidence  thereof.  Where  the  appli- 
cant is  a  regimental  officer,  or  a  sta IT- officer,  the  evidence  of  the 
right  to  exemption  is  the  certificate  of  the  major-general,  or 
other  officer,  commanding  the  first  division. 

2.  Under  subdivision  tenth  thereof,  where  the  applicant  has 
been  discharged,  or  under  subdivision  eleventh  or  twelfth,  the 
certificate  of  discharge;  and,  where  it  does  not  show  all  the 
facts,  the  affidavit  of  the  applicant,  or  of  another  person  ac- 
quainted with  the  facts. 

3.  Under  subdivision  thirteenth  thereof,  the  certificate  of  a  re- 
liable physician,  or  the  affidavit  of  the  applicant,  or  both ;  or 
any  other  evidence  satisfactory  to  the  commissioner. 

4.  Under  any  other  subdivision  thereof,  an  affidavit  of  the 
applicant,  or  an  affidavit  satisfactory  to  the  commissioner,  of 
another  person  in  his  behalf,  stating  the  facts,  entitling  the  ap- 
plicant to  exemption.  Each  certificate  specified  in  this  section 
must  be  accompanied  with  satisfactory  proof,  by  affidavit,  of  the 
genuineness  of  the  signature  thereto;  and  each  affidavit  and 
certificate  must  be  filed  with  the  commissioner  of  jurors,  and 
must  be  kept  open  by  him,  at  all  reasonable  times,  to  public  in- 
spection. 

§  165G.  The  captain,  or  other  commanding  officer,  of  each  PrCH' 
company  or  troop  in  the  first  division  of  the  national  guard. 


.-.Co 


EXCUSES  FKOM  JURY  DUTY. 


Military  offi- 
cers required 
to  certify  to 
commissioner 
persons  per- 
forming full 
military  duly. 


W.  >10*4, 
Conip.  150J. 

Jury'  year; 
length  of  jury 
service  re- 
quired  and 
nllowod. 


Id.  §1085. 
When  court 
may  tempo- 
rarily excuse 
juror  from 
attendance. 


must  deliver  to  the  commissioner  of  jurors,  on  or  before  the  first 
day  of  July  in  each  year  and  at  any  other  time  when  he  may 
require  it,  a  list,  certified  by  him,  containing  the  full  name  and 
residence  of  each  member  and  officer  of  his  company  or  troop, 
who  is  uniformed  and  equipped,  and  faithfully  performs  his 
duty,  as  prescribed  in  subdivision  tenth  of  the  last  section  but 
one.  No  other  name  shall  be  inserted  in  the  list.  The  list  must 
be  filed  in  the  commissioner's  office.  The  major-general  or  other 
officer,  commanding  that  division,  must,  when  necessary,  issue 
orders  to  cany  this  section  into  effect.  He  must  also  furnish 
to  the  commissioner  of  jurors,  when  so  required,  a  list,  certified 
by  him,  containing  the  name  and  residence  of  each  officer  or 
other  member  of  that  division,  not  comprised  in  the  lists  of  the 
companies  and  troops.  An  officer  who  neglects  or  refuses  to 
perform  the  duty  specified  in  this  section;  or  who  includes,  in  a 
list  certified  by  him,  the  name  of  a  person  who  is  not  described 
in  this  section;  or  who  gives  a  false  certificate,  in  a  case  speci- 
fied in  the  last  section,  forfeits  the  sum  of  fifty  dollars  for  each 
o  flense. 

§  1657.  The  jury  year,  in  the  city  and  county  of  New  York, 
commences  on  the  first  day  of  October.  A  person  who  has  ac- 
tually served  as  a  trial  juror,  in  a  court  of  record  of  the  State, 
within  that  city  and  county,  twelve  days  within  a  jury  year,  is 
entitled  to  be  discharged  by  the  court;  except  that  he  shall  not 
be  discharged  until  the  close  of  a  trial  in  which  he  is  serving, 
when  the  twelve  days  expiie.  A  person  discharged,  as  pre- 
scribed in  this  section,  is  thereafter,  during  the  same  jury  year, 
exempt  from  jury  service  in  any  county  of  the  State.  Where 
ihe  cert  ificates  of  one  or  more  clerks  of  the  courts,  made  as  pre- 
scribed in  section  sixteen  hundred  and  sixty-two,  show  that  a 
person  is  entitled  to  a  discharge,  as  prescribed  in  this  section, 
the  commissioner  of  jurors  must,  upon  request,  certify  to  the 
fact.  A  person  cannot  serve  as  a  trial  juror  in  courts  of  record 
at  more  than  two  terms  in  a  jury  year. 

§  1658.  The  judge  holding  a  term  may,  in  his  discretion,  ex- 
cuse a  trial  juror  from  sevice  at  that  term,  for  not  more  than 
three  days  at  a  time,  where  the  exigencies  of  his  business  re- 
quire his  temporary  exemption.  The  judge  may  also  discharge 
for  the  term  one  or  more  jurors,  notified  and  attending,  whose 
further  attendance  is  not  required  for  the  trial  of  issues  at  that 
term.  Or  he  may  discharge,  until  a  day  certain,  one  or  more 
jurors,  notified  and  attending,  whose  attendance  will  not  be  re- 
quired for  the  trial  of  issues  until  that  day.  Each  'juror  so  dis- 
charged until  a  certain  day  must  attend  at  the  opening  of  the 
court  on  that  day,  and  thereafter  until  he  is  discharged,  without 
further  notice.    If  he  fails  so  to  do.  he  is  liable  to  the  same 


CLERK'S  It KTI" ItN  OF  Jl'KY  SKUN  K  K. 


Co.  Civ.  lY<>c 


punishniciit,  and  the  same  proceedings  must  be  taken,  as  if  he 
had  failed  to  attend  at  the  time  fixed  in  the  notice  given  to  him. 

,^  16.">1>.  Except  as  prescribed  in  the  last  section,  a  court  or  a  m  »i*c. 

,      .  -     ,,   '    *  j    •   i  •  In  other  cns<-«, 

judge  shall  not  excuse  a  person  liable  to  serve  as  a  trial  juror,  jurortobe 
and  duly  drawn  and  notified,  unless  it  is  shown,  by  the  oath  onX!*'^'5 
of  the  juror,  or,  if  he  is  unable  to  attend,  by  the  oath  of  an- 
other person  acquainted  with  the  facts,  that  he  is  then  neces- 
sarily absent  from  the  city,  and  will  not  return  in  time  to  serve; 
or  that  the  interests  of  the  public,  or  of  the  juror,  will  be  ma 
terially  injured  by  bis  attendance;  or  that  he  is  physically  un- 
able to  serve;  of  that  his  wife,  or  a  near  relative  of  himself  or 
his  wife,  has  recently  died  or  is  dangerously  sick.    Where  a  per- 
son liable  to  serve  is  excused,  in  a  case  specified  in  this  section, 
or  where  a  person,  notified  to  attend  a  term  as  a  trial  juror  is 
entitled  to  and  claims  an  exemption,  he  can  be  excused  only  by 
the  judge  holding  the  term  which  he  has  been  notified  to  at- 
tend.   Such  an  excuse  does  not  extend  beyond  that  term. 

§  1660.  A  person  who  has  been  notified  to  attend  as  a  trial 
juror,  and  who  applies  to  be  excused,  as  prescribed  in  the  last  Vomp  ie0t  ■ 

J         '  11  Juror  applying 

section,  must  bring  the  notice,  if  he  has  received  it,  into  court,         ■«■>  '>•; 

jo  j  excused  must 

and  present  it  in  open  court  to  the  judge;  or,  if  he  cannot  per-  produce  notice. 

sonally  attend,  he  must  send  it  by  a  person  capable  of  making 

the  necessary  proof  in  relation  to  his  claim  to  be  excused.  A 

note  of  the  excuse,  and  of  the  reason  therefor,  attested  by  the 

judge,  who  must  append  his  signature  or  his  initials  thereto, 

must  also  be  made  upon  the  notice  to  attend;  or,  if  the  juror 

has  not  brought  it  into  court,  upon  a  separate  piece  of  paper; 

which  must  be  transmitted  to  the  commissioner  of  jurors,  by 

the  clerk,  as  part  of  the  return,  made  as  prescribed  in  section 

sixteen  hundred  and  sixty-two. 

§  1661.  A  person  serving  as  a  trial  juror  elsewhere  than  in  a  u.  sioss. 
court  of  record  is  excused  from  jury  duty  in  a  court  of  record  courtCnoTonf 
only  during  the  time  of  his  actual  service  elsewhere.  anL°xcuse.hen 

§  1662.  The  clerk  of  each  court  of  record  in  the  city  and  *'08?f. 

°  ■*  Clerk  of  C  ourt 

countv  of  New  York  must,  within  ten  davs  after  the  close  of  to  certify  to 

J  '  '  commissioner 

each  term  for  which  trial  jurors  have  been  drawn,  or  after  the  "nee  e"cSse» 
discharge  of  the  trial  jurors,  if  they  are  discharged  before  the  ^^Btc- ot 
close  of  the  term,  return  to  the  commissioner  of  jurors  the  cer- 
tified copy  of  the  minute  of  the  drawing  of  .the  jurors,  received 
from  the  sheriff,  and  the  sheriff's  return  thereto,  or  a  copy  of 
each  paper,  certified  by  the  clerk;  together  with  each  notice  or 
other  paper,  attested  by  a  judge,  as  prescribed  in  the  last  sec- 
tion but  one.  The  clerk  must  also  deliver  to  the  commissioner 
therewith  his  certificate,  specifying  distinctly  and  in  detail,  as 
follows: 


Id.  $1090. 

Commissioner 
of  jurors  to 
select  trial 
jurors:  his 
(fenernl  po»  ers 


Co.  Civ.  Proc. 
11091. 

Coui]>.  1504. 
Commissioner 
may  appoint 
assistants,  etc., 
who  may  ad- 
minister oaths. 


Id.  |1092. 
All  public  offi- 
cers required 
to  aid  the  com- 
missioner. 


K62  CLERK'S,  ktc,  of  commissioner  of  jukobS. 

\ 

J.  The  name  and  residence  of  each  juror  who  attended  and 
served;  the  number  of  days  the  juror  attended  for  the  purpose 
of  serving;  and  the  number  of  days  he  actually  served. 

2.  The  name  and  residence  of  each  juror  who  was  excused 
or  discharged;  with  the  reason  therefor. 

15.  The  name  and  residence  of  each  person  notified  who  did 
not  attend  or  serve. 

i.  The^Jjame  and  residence  of  each  person  fined,  and  the 
date  and  amount  of  his  fine,,  unless  the  tine  has  heen  remitted, 
as  prescribed  in  section  sixteen  hundred  and  eighty-two  of  this 
act. 

The  return  and  certificate  must  he  filed  in  the  commissioner's 
office,  and  shall  not  he  altered  or  corrected,  except  in  pursuance 
of  an  order  of  the  court.  If  a  clerk  fails  to  make  a  complete 
return  and  certificate  as  prescribed  in  this  section,  he  is  guilty 
of  a  contempt  of  the  court;  and  the  commissioner  of  jurors 
must  institute  the  appropriate  proceedings  to  punish  him  ac- 
ordingly. 

§  1003.  Trial  jurors  must  he  selected  hy  the  commissioner  of 
jurors,  who  must  alone  decide  upon  their  cmalifications  and  ex- 
emptions, except  as  otherwise  expressly  prescrihed  in  this  title. 
But  this  section  does  not  impair  the  right  to  challenge  a  particu- 
lar juror  at  the  trial.  The  commissioner  may  issue  to  a  person 
entitled  to  an  exemption  a  certificate  of  that  fact,  which  ex- 
empts the  person  to  whom  it  is  granted  from  jury  duty  during 
the  time  limited  therein.  He  must  keep  a  record  of  all  proceed- 
ings before  him  or  in  his  office.  He  is  entitled  to  and  must  col- 
lect, for  the  henefitof  the  city,  for  a  copy  of  a  paper  furnished 
hy  him,  the  same  fees  as  a  clerk  of  a  court  of  record. 

§  1004.  The  commissioner  of  jurors  may  from  time  to  time 
appoint,  and  at  pleasure  remove,  one  or  more  assistants,  clerks 
in  his  office,  and  messengers,  and  may  fix  their  compensation, 
subject  to  the  limitation  fixed  hy  law  as  to  the  total  expenses  of 
his  office.  He  may  designate,  in  writing,  an  assistant  to  attend, 
in  his  place,  the  drawing  of  jurors  for  a  particular  term.  The 
commissioner,  or  each  assistant  whom  he  designates  for  the  pur- 
pose by  a  certificate,  tiled  in  the  office  of  the  county  clerk;  may 
administer  an  oath  or  affirmation  in  relation  to  any  matter  em 
braced  within  the  provisions  of  this  title. 

§  1G05.  The  president  and  commissioners  of  the  department 
of  taxes  and  assessments,  the  police  commissioners  and  all  other 
public  officers  in  the  city  of  New  York,  must  render  to  the  com- 
missioner of  jurors  all  the  assistance  in  their  power  to  enable 
him  to  procure  the  names  of  persons  liable  to  serve  as  trial 
jurors. 


DUTIKS  OF  ( OM.MISSIONEK  OF  JURORS. 


jj  1000.  The  commissioners  of  I  he  sinking  fund  must  take  care  ul  skxo. 
that  suitable  rooms  and  other  accommodations  are  provided  for  SeoaSSnSh 
the  use  of  the  commissioner  of  jurors.    If,  hy  iho  first  day  of  b^£5iBoe' 
March  in  any  year,  suitable  rooms  have  not  been  provided  for 
his  use,  for  the  year  commencing  on  the  first  day  of  May  next 
ensuing,  he  may- lease  suitable  rooms  for  that  year  and  may  pay 
the  rent  out  of  the  money  received  by  him  for  fines  and  penal 
ties.    But  a  lease  so  made  shall  not  take  effect  until  a  majority 
of  the  members  of  the  board,  specified  in  section  sixteen  hun- 
dred and  eighty-seven,  indorse  thereupon  a  certificate  signed  by 
thcm,  to  the  effect  that,  in  their  opinion  such  a  lease  is  neces- 
sary, in  consequence  of  the  omission  to  make  other  suitable  pro- 
vision, as  prescribed  in  this  section;  that  the  rooms  leased  are 
required  for  the  proper. performance  of  the  duties  of  the  com- 
missioner; that  the  rent  payable  therefor,  by  the  terms  of  the 
lease  is,  in  their  opinion,  reasonable;  and  that  the  lease  is  in  all 
other  respects  fair,  just  and  proper. 

§1607.,. The  commissioner  must  commence  the  preparation  of  Id$ia>'- 
lists  of  trial  jurors  in  the  month  of  May  iu  each  year.    For  that  be  prepared, 
purpose  the  names  of  the  persons  liable  to  serve  as  trial  jurors  sionertodecido 
must  be  entered  in  suitable  books,  alphabetically,  with  the  occu-  tions- 
pation,  place  of  business  and  residence  of  each,  as  far  as  those 
particulars  can  be  conveniently  ascertained.    After  the  first  day 
of  June  he  must  publish  a  notice,  for  at  least  ten  days,  in  not 
less  than  six  of  the  newspapers  published  in  the  city,  that 
claims  for  exemptions  will  be  heard  by  him.    He  may  insert  in 
or  append  to  the  notice  copies  of  such  portions  of  the  statutes  re- 
lating to  jurors  as  he  deems  expedient.    He  must  hear  and  de- 
termine all  claims  for  exemption,  and  must  keep  a  record  of  the 
persons  exempted,  and  of  the  period  of  time  for  which  the  ex- 
emption of  each  is  allowed. 

$  1GGS.  The  commissioner  may  cause  to  be  personally  served  Froc- 
on  any  person  within  the  city  a  notice  requiring  him  to  comp.1303. 
attend  at  the  commissioner's  office  at  a  specified  time,  not  less  be  required  to 
than  twenty-four  hours  after  the  service  of  the  notice,  for  the  JuroAuawutj 
purpose  of  testifying  concerning  his  own  liability,  or  the  liability 
of  any  other  person,  to  serve  as  a  juror.    A  person  so  notified 
must  attend  and  testify  accordingly.    If  he  fails  to  attend,  as  Penalty  for 
specified  in  the  notice,  for  any  cause  except  physical  inabibty,    's°  ience 
or  if  he  refuses  to  be  sworn  or  to  answer  any  legal  and  pertinent 
question  put  to  him  by  the  commissioner,  he  forfeits  fifty  dol- 
lars for  each  failure  or  refusal.    One  or  more  successive  notices 
may  be  served  upon  the  same  person,  where  he  fails*  to  attend, 
as  required  by  a  former  notice:  and  he  is  liable  to  the  same  pen- 
alty for  e'ach  failure  so  to  attend.    But  the  commissioner  may, 
in  his  discretion,  dispense  with  the  personal  attendance  of  a  per- 


564 


DKAWINti  TRIM,  JTKOKS. 


Id.  $1000. 
( lommlssloner 
to  return  lists 
to  county 
clerk;  correc- 
tion of  lists. 


Id.  §1097. 
Old  ballots  to 
be  destroyed 
nnd  new  i  allots 
deposited :  sup- 
plemental lists ; 
new  ballots 
therefor. 


id.  |iooa 

Comp.  1506. 
Number  of 
jurors  to  be 
drawn  for  each 
term  of  court 
of  record. 


Co.  riv.  Tree. 
§1009. 

When  jurors  to 
be  drawn; 
what  officers  to 
attend 
drawing. 


son  so  notified,  where  another  person,  cognizant  of  the  facts, 
is  produced  and  testifies  in  his  stead;  and  where  a  person  lias 
so  attended  twice,  be  cannot  he  required  to  attend  again  in  the 
same  jury  year. 

§  1GG9.  On  or  before  the  first  day  of  October,  in  each  year, 
the  commissioner  must  return  to  the  clerk  of  the  city  and 
county  of  New  York,  to  he  filed  in  his  office,  certified  copies  of 
the  lists,  prepared  by  him,  of  the  persons  liable  to  serve  as  trial 
jurors  in  the  courts  of  record  for  the  ensuing  jury  year.  He  may, 
from  time  to  time  thereafter,  strike  from  the  lists  kept  by  him 
the  name  of  a  person  who  is  found  by  him  to  be  exempt  or  dis- 
qualified. In  that  case  he  must  record  the  reason  why  the  name 
is  stricken  off. 

§  1G70.  When  the  certified  copies  of  the  lists  have  been  re- 
turned, as  prescribed  in  the  last  section,  the  ballots  for  trial 
jurors  used  in  the  previous  year  must  be  returned  by  the  county 
clerk  to  the  commissioner,  who  must  destroy  those  which  are 
not  required  for  the  current  jury  year.  The  ballots  for  the  cur- 
rent jury  year  must  be  prepared  by  the  commissioner,  who  may 
use,  for  that  purpose,  so  many  of  the  ballots  prepared  for  the 
previous  year  as  he  deems  expedient.  The  ballots,  so  pre 
pared,  must  be  delivered  by  the  commissioner  to  the  county 
clerk,  and  deposited  by  the  county  clerk,  or  his  deputy,  in  a 
box,  as  prescribed  in  article  second  "of  title  third  of  chapter  ton 
of  the  code  of  civil  procedure.  The  commissioner  may,  from 
time  to  time  thereafter,  return  certified  copies  of  additional  lists, 
containing  the  names  of  persons  liable  to  serve  as  trial  jurors, 
which  were  omitted  from  the  former  lists;  and  ballots  contain- 
ing those  names  must  be  prepared  in  like  manner  and  used  for 
the  residue  of  the  jury  year. 

§  1071 .  The  number  of  trial  jurors  to  be  drawn  for  each  term, 
and  each  separate  part  of  a  term,  of  a  court  of  record  in  the  city, 
at  which  issues  of  fact  are  triable  by  jury  must  be  fixed  by  a 
general  order  of  the  court,  or,  if  it  is  not  so  fixed  for  a 
term  or  a  separate  part  of  a  term,  by  a  written  order  of 
the  judge  appointed  to  hold  the  same.  The  order,  or  a  certified 
copy  thereof,  must  be  filed  in  the  office  of  the  county  clerk.  If 
the  number  has  not  been  fixed,  in  either  mode,  at  the  time  of 
the  drawing,  one  hundred  trial  jurors  must  be  drawn  for  each 
term,  or  for  each  part,  if  the  term  consists  of  two  or  more 
separate  parts. 

§  1G72.  On  a  da}',  designated  by  the  county  clerk,  not  less 
than  fourteen  nor  more  than  twenty  days  before  the  day  ap- 
pointed for  holding  in  the  city  a  term  of  a  court  of  record,  at 
which  issues  of  fact  are  triable  by  jury,  the  commissioner  of 
jurors,   in  person,   or  by  an  assistant  designated  by  him 


DRAWING  TRIM.  JURORS. 


tho  sheriff  of  the  city  and  county  of  New'  York,  in  person, 
or  by  his  under-sheriff;  and  one  or  more  judges  of  courts  of  re- 
cord, residing  in  the  city,  must  attend,  at  the  office  of  the  county 
clerk,  to  witness  and  assist  in  the  d rawing  of  trial  jurors  for  the 
term. 

£  1  7:5.  At  least  six  days  before  the  drawing  tho  county  clerk  *M1M°- 
must  publish  notice  thereof  in  at  least  three  newspapers  pub-  drawing 
lished  in  the  city.    He  must  also  cause  w  ritten  notice  thereof  to 
be  served  upon  tho  sheriff,  the  commissioner  of  jurors,  and  at 
least  three  judges  of  one  or  more  courts  of  record,  residing  in 
the  city. 

;i  1G74.  If  at  least  one  judge  of  a  court  of  record,  residing  in  1,1  $ 1101  ■ 
.,      .,  i    i  .    .  „  .  .     Proceedings M 

the  city,  and  also  the  commissioner  of  jurors,  and  the  sheriff,  \n  omcersdouot 

person,  or  represented,  as  prescribed  in  the  last  section  but  one,  "PI*'ar 
do  not  attend,  the  clerk,  or  in  his  absence,  the  deputy-clerk, 
must  adjourn  the  drawing  to  the  next  day.  Thereupon  the 
clerk  must  forthwith  cause  to  be  served  upon  the  absent  commis- 
sioner or  sheriff,  and  upon  at  least  three  judges  of  one  or  more 
courts  of  record,  residing  in  the  city,  written  notice  to  attend  the 
draw  ing  upon  the  adjourned  day. 

£  1G75.  If  the  officers  specified  in  section  sixteen  hundred  and  Id.  *lhyi 
seventy-two  attend  upon  the  adjourned  day,  but  not  otherwise,  bedmwnoiL 
the  clerk,  or  in  his  absence,  the  deputy  clerk,  must  proceed,  in 
their  presence,  to  draw  the  jurors. 

§  167G.  The  drawing  must  be  conducted  as  follows: 

1.  The  county  clerk  or  his  deputy  must  shake  the  box  con-  Id§1103- 
taming  the  ballots,  so  as  thoroughly  to  mix  them.  minute: 

2.  Ho  must  then,  without  seeing  the  name  contained  in  any 
ballot,  publicly  draw  out  of  the  box  one  J>allot;  and  continue  to 
draw,  in  like  manner,  one  ballot  at  a  time  until  the  requisite 
number  has  been  drawn. 

3.  A  minute  of  the  drawing  must  be  kept  by  one  of  the  at- 
tending officers,  in  which  must  be  entered  the  name  contained 
in  each  ballot  drawn  before  another  ballot  is  drawn. 

4.  After  drawing  the  requisite  number,  the  minute  of  the 
drawing  containing  the  names  of  tho  persons  drawn,  with  the 
proper  additions  of  each,  and  specifying  for  what  court  and  for 
what  term  they  were  drawn,  must  be  signed  by  the  clerk  or 
his  deputy  and  the  attending  officers,  and  filed  in  the  clerk's 
office. 

§  1G77.  If  the  term  consists  of  two  or  more  separate  parts,  [tnVp.^io; 
the  trial  jurors  for  each  part  must  bo  drawn,  and  a  minute  of  m.;  where 

-  *  term  consists 

the  drawing  must  be  made,  signed,  and  filed,  and  the  subse-  p^twoormore 

quent  proceedings  must  be  the  same  as  if  it  was  a  distinct 

term. 


566 


FAILURE  Or  JUJIOK8  TO  ATTKNJ). 


Id.  $1105. 

Commissioner 
may  issue 
notice  to 
Jurors  drawn. 


Co.  Civ.  Proc. 
11100. 

Sheriff  to  no- 
tify Jurors  and 
make  return. 


Id.  $1107. 
Clerk  of  rourt 
to  certify  as  to 
mode  of  serv- 
ice. 


Id.  S110X, 
as  amended 
1877,  ch.  410. 
Court  may  or- 
der new  panel 
to  be  drawn 
during  term. 


Id.  §1109. 
Comp.  1508. 
Court  of  record 
to  fine  juror  for 
non-attend- 
ance; power  to 
remit  tine. 


§  1G78.  The  commissioner  may  issue  to  a  trial  juror  so  drawn 
a  printed- «otice,  informing  him  that  he  has  been  drawn,  and 
will  be  duly  notified  by  the  sheriff,  "and  containing  copies  of 
such  portions  of  this  title  as  the  commissioner  deems  advisable. 

§  1G79.  The  clerk  must  deliver  to  the  sheriff  a  certified  copy 
of  the  minute,  or  of  each  minute,  if  there  are  two  or  more.  The 
sheriff  must  notify  each  juror  named  therein  to  attend  the  term 
or  part  for  which  he  was  drawn,  by  serving  upon  him,  at  least 
six  days  before  the  commencement  thereof,  a  notice,  addressed 
to  him,  stating  that  he  has  been  drawn  as  a  trial  juror  for  and  is 
required  to  attend  the  term  or  part  specified  in  the  notice.  The 
notice  may  be  served  personally,  or  by  leaving  it  at  the  juror's 
Ijpsidence  or  usual  place  of  business,  with  a  person  of  proper 
age  and  discretion.  Before  the  commencement  of  the  term  or 
part,  the  sheriff  must  tile  with  the  clerk  the  certified  copy  of 
the  minute,  with  a  return,  under  his  hand,  indorsed  thereupon 
or  annexed  thereto,  naming  each  person  notified,  and  specifying 
the  manner  in  which  he  was  notified. 

§  1GS0.  The  clerk  of  each  court,  for  a  term  of  which  trial 
jurors  are  notified  to  attend  by  the  sheriff,  must  certify  to  the 
clerk  of  the  board  of  aldermen  each  case  where  less  than  a  ma- 
jority of  the  persons  named  in  a  minute  of  a  drawing  are  re- 
turned as  personally  served.  The  board  of  aldermen  are  pro- 
hihited  from  allowing  or  paying  any  fees  or  charges  to  the  sher- 
iff for  notifying  any  of  the  persons  named  in  that  minute  or  for 
making  a  return  thereupon.  A  clerk  of  a  court  who  omits  to 
notify  the  clerk  of  the  board  of  alderman,  as  prescribed  in  this 
section,  is  liable  to  a  penalty  of  one  hundred  dollars  for  each 
omission,  to  be  recovered  by  any  person  suing  therefor. 

§  1681.  At  any  time*  during  the  sitting  of  a  term  of  court  of 
record  in  the  city,  the  court  may  direct  an  additional  number  of 
trial  jurors  to  be  drawn  for  the  term,  or  for  the  part,  at  which 
the  order  is  made.  The  order  must  specify  the  number  to  be 
drawn  and  the  time  of  drawing.  The  drawing  may  be  made  either 
in  open  court,  under  the  direction  of  the  judge,  or  in  the  ordinary 
manner,  except  that  notice  is  not  required..  The  sheriff  must 
forthwith  notify  the  jurors  drawn,  by  such  a  notice  as  the  court 
directs,  to  attend  the  term  or  part  at  the  time  specified  in  the 
order. 

§  16S2.  Where  a  person,  duly  sworn  and  notified  to  attend  a 
term  of  a  court  of  record  as  a  trial  juror,'  fails  to  attend  at  the 
time  specified  in  the  notice,  or  from  day  to  day,  the  court, 
at  that  term,  must  impose  upon  him  a  fine  of  not  less  than  fifty 
or  more  than  two  hundred  and  fifty  dollars.  A  fine  thus  im- 
posed may  be  wholly  or  partly  remitted,  by  direction  of 
the  judge,  iu  open  court,  before  the  end  of  the  same  term, 


BHERIFF'S  JUR0B8. 


oCT 


how  selected. 
Punishment 
for  non-atteml 
nnce;  clerk's 


and  upon  good  cause  shown,  otherwise  it  shall  not  he  remitted, 
except  as  prescribed  in  sections  sixteen  hundred  and  tighty-six 
and  sixteen  hundred  and  eighty-seven.  Kach  remission,  so  made  « 
hy  the  judge,  with  the  reason  therefor,  must  he  entered  in  the 
minutes  of  the* court.  This  section  applies  to  a  special  juror  as 
well  as  to  an  ordinary  trial  juror. 

§  1GS3.  Where  a  person,  duly  drawn  and  notified,  fails  to  at  idjliio. 
tend  and  serve  at  a  term  of  a  court  of  record,  as  required  hy  tMurraSdand 
law,  without  having  heen  excused,  the  court,  hesides  imposing  ™rv.I.*'lWt" 
a  fine  as  prescribed  in  the  last  section,  may  direct  the  sheriff  to 
arrest  him'  and  bring  him  hefore  the  court ;  and  when  he  has 
been  so  brought,  it  may,  in  its  discretion,  compel  him  to  serve. 

§  1GS4.  A  list  of  trial  jurors  for  each  of  the  district  courts  -m.  sun 
must  he  selected  hy  the  commissioner  of  jurors,  and  must  con-  fn™™  urn!'* 
sist  of  not  less  than  fifty  nor  more  than  one  hundred  jurors.  A 
person  shall  not  he  placed  upon  such  a  list  who  does  w>t  reside 
in  the  district  in  which  the  court  is  held.  The  judge  of  each  dis-  f^i^gf?* 
trict  court  must  impose  a  tine  of  twenty-five  dollars  upon  each 
person  duly  drawn  and  notified  to  attend  the  court  as  a  trial 
juror  who  fails  to  attend  as  required  hy  the  notice.  The  clerk 
of  the  court  must,  within  ten  days  thereafter,  transmit  to  the 
commissioner  of  jurors  a  certificate  showing  that  the  fine  has 
heen  imposed,  and  stating  how  the  notice  to  attend  was  served 
upon  the  delinquent,  in  order  that  the  same  proceedings  may  be 
had  as  in  the  case  of  a  delinquent  juror  in  a  court  of  record.  A 
judge  or  a  clerk  who  violates  this  section  forfeits  one  hundred 
and  fifty  dollars  for  each  offense. 

§  1G85.  The  hoard  for  the  selection  of  grand  jurors  must,  at  Co.  civ.  Proc. 

.  51112 

the  time  when  it  selects  the  grand  jurors  fpr  each  jury  year,  also  sheriff's  jury: 
select  from  the  fists  of  trial  jurors  for  that  year  the  names  1 
of  not  less  than  one  hundred  and  twenty  nor  more  than  one  hun- 
dred and  fifty  persons,  to  constitute  the  sheriff's  jurors  for  that 
jury  year.  Tho  commissioner  of  jurors  must  forthwith  trans- 
mit to  the  sheriff  of  the  city  and  county  of  2s ew  York  a  list, 
certified  by  him,  containing  the  names  of  the  persons  so  selected, 
with  the  proper  additions  of  each,  and  showing  that  they  have 
heen  selected  as  prescribed  in  this  section.  The  sheriff  must 
cause  ballots  to  be  prepared  as  prescribed  in  article  second  of  title 
third  of  chapter  ten  of  the  code  of  civil  procedure,  and  to  be 
deposited  in  a  proper  box.  Where  the  sheriff  is  authorized  or 
required  by  law  to  impanel  a  jury  for  any  purpose,  the  requisite 
number  of  ballots  must  be  drawn  from  the  box,  as  prescribed  in 
that  article,  by  the  sheriff,  or  by  his  under-sheriff  or  deputy 
sheriff.  But  the  sheriff  may,  in  his  discretion,  divide  the  names 
contained  in  the  list  into  three  pan°ls,  each  containing  an  equal 
number  of  names  as  nearly  as  may  be.    In  that  case,  he  must 


etc. 


568 


HO  A  HI)  FOR  KM  OHOKMKNT  OF  JURY  FINES. 


M.  11118, 
UN  aincixlt-il 
1879,  ch.  M2, 
Couip.  iwj. 
Proceedings 
before  commis- 
sioner. 


Co  <  St.  I'roc. 
$1114. 

Board  for  en- 
forcement of 
jury  fines ; 
proceedings 
before  it. 


designate  the  months  in  which  each  panel  will  he  used,  so  that 
the  jury  duty  shall  be  distributed  equally,  as  nearly  as  may  be, 
among  the  jurors  ;  and  ballots  shall  be  deposited  in  the  box  at 
the  beginning  of  each  month,  containing  the  naiu'-sof  t ho  jurors 
designated  for  that  month. 

§  168G.  The  commissioner  of  jurors  must  cause  a  notice  to  bo 
served  upon  each  delinquent  trial  juror  returned  as  having  been 
fined,  stating  the  amount  of  the  fine  and  the  time  at  which  he  was 
fined,  and  requiring  him  to  attend  before  the  commissioner,  at 
the  latter's  office,  on  a  specified  day  and  at  a  specified  hour,  and 
show  cause,  if  he  has  any,  why  the  fine  should  be  wholly  or 
partly  remitted,  or  why  payment  of  the  fine  should  not  be  en- 
forced. The  notice  must  be  served  at  least  six  days  before  the 
day  therein  specified.  If  the  sheriff's  return  shows  that  notice 
to  attend  a;  atrial  juror  was  personally  served  upon  the  person 
lined,  tffb  notice  to  show  cause,  as  prescribed  in  this  section, 
maybe  served  upon  him  either  personally,  or  by  leaving  it  at  his 
residence  or  usual  place  of  business,  with  a  person  of  suitable 
age  and  discretion  ;  otherwise  it  must  be  served  upon  him  per- 
sonally. If  a  person  so  notified  fails  to  attend,  the  fine  must  be 
enforced.  If  he  attends  he  may  demand  a  hearing  before  the 
board  for  the  enforcement  of  jury  fines  :  otherwise  the  commis- 
sioner must  decide  with  respect  to  the  remission  of  the  whole 
or  any  part  of  the  fine,  and  the  sufficiency  of  the  cause  shown, 
if  any  ;  and  his  decision  is  conclusive  with  respect  to  that  fine, 
unless  thejoerson  fined,  within  ten  days  thereafter,  serves  upon 
him  a  written  demand  of  a  hearing  before  the  board  of  en- 
forcement. In  that  case  the  commissioner  must  appoint  a 
time  for  the  hearing,  and  the  person  fined  must  then  attend 
without  further  notice. 

§  16S7.  The  presiding  justice  of  the  supreme  court,  in  the 
first  judicial  department,  *he  chief  judge  of  the  court  of  common 
pleas,  the  chief  judge  of  the  superior  court,  the  chief  justice  of 
the  marine  court,  the  mayor,  the  recorder,  the  city  judge,  the 
jildge  of  the  court  of  general  sessions,  and  the  commissioner  of 
jurors,  constitute  the  board  for  the  enforcement  of  jury  fines.  The 
board  must  meet  at  the  office  of  the  commissioner  of  jurors,  on 
the  last  Monday  in  October  in  each  year,  and  on  the  last  Monday  of 
each  month  thereafter,  until  and  including  the  following  month 
of  June;  and  as  much  oftener  as  the  business  before  it  requires. 
Three  members  of  the  board  constitute  a  quorum.  The  board, 
either  upon  a  hearing  or  when  acting  upon  the  commissioner's 
decision,  as  the  case  requires,  has  exclusive  power,  except  as  in 
this  title  otherwise  prescribed,  to  remit  the  whole  or  any  part  of  a 
fine.  The  board  or  the  commissioner  may,  in  its  or  his  discre- 
tion, hear  testimony,  or  determine  a  case  upon  affidavits,  and 


JUIfY  FINKS. 


509 


may,  from  time  to  time,  adjourn  the  hearing  or  final  disposition 
of  a  particular  case: 

g  K'.ns.  The  hoard  may  compel  the  attendance  of  any  person  ,"„;,;!';•„, 
required  to  appear  before  it,  as  prescribed  in  the  hast  section  but  affi"*J>cm'n 
one.  It  may  issue  a  warrant,  directed  to  the  sheriff  of  the  city 
and  county  of  New  York,  commanding  him  to  arrest  and  bring 
before  the  hoard  a  person  who  fails  to  attend  at  the  time 
appointed  for  hearing  his  case,  or  to  pay  a  fine  imposed  upon 
him  and  not  remitted  by  the  board.  If  a  delinquent  trial  juror, 
duly  drawn  and  returned  by  the  sheriff  as  personally  notified  to 
attend  a  term,  or  personally  notified  to  attend  before  the  com- 
missioner, as  prescribed  in  the  last  section  but  one,  is,  in  the 
opinion  of  the  board,  able  to  pay  his  tine,  the  board  may  make 
an  order  directing  the  sheriff  to  arrest  him,  and  imprison  him  in 
the  county  jail  until  the  fine  is  paid,  not  exceeding  thirty  days. 
The  sheriff  must  obey  such  an  order.  The  board  ma}'  make  an 
order  directing  that  a  person  paying  a  fine  imposed  upon 
him,  be  excused  from  jury  duty  for  a  period  not  exceeding  one 
year. 

8  1689.  After  ten  davs  have  expired  since  the  final  decision  of  1,1 

_  .,     .  .  Commissioner 

the  board  of  enforcement,  with  respect  toa  fine,  as  prescribed  m  tofesue warrant 

'  1  5f  -i     to  collect  fines: 

the  last  section  but  one,  if  the  fine  has  not  been  remitted  or  paid,  sherurspowew 

'   and  duties 

the  commissioner  must  issue  a  warrant,  under  his  hand,  directed  thereupon 
to  the  sheriff  of  the  city  and  county  of  New  York,  reciting  the 
facts  and  commanding  the  sheriff  to  collect  from  each  person 
named  in  the  schedule  annexed  thereto  the  sum  set  opposite 
that  person's  name  in  the  schedule,  and  to  pay  over  the  same  to 
the  commissioner.  The  schedule  must  contain  the  names 
of  persons  fined  and"  notified  to  show  cause,  whose  fines  have  not 
been  wholly  paid  or  remitted  ;  it  must  show  the  amount  of  each 
one  remaining  unremitted  or  unpaid,  and  the  residence  or  usual 
place  of  business  of  each  person  fined,  as  far  as  it  can  be  con- 
veniently ascertained.  The  sheriff  must  collect  each  fine,  by  a 
levy  upon  and  sale  of  the  personal  property  of  the  person  fined, 
as  prescribed  by  law,  where  an  execution  against  property  is 
issued  upon  a  judgment  rendered  in  a  court  of  record.  The 
sheriff  is  entitled  in  each  case,  to  the  same  fees  as  upon  such  an 
execution,  to  be  collected  in, the  same  manner.  He  must  return 
the  warrant  and  schedule,  with  his  proceedings  thereupon,  to  the 
commissioner,  within  thirty  days  after  the  delivery  thereof  to 
him,  and  must  then  pay  over  the  money  collected,  less  his  fees. 
His  return,  may  be  compelled  by  the  supreme  court,  in  the  same 
manner  as  the  return  of  an  execution  against  property  issued 
upon  a  judgment  rendered  in  that  court.  For  his  failure  to  collect 
a  fine  an  action  may  be  maintained  against  him,  in  a  case  where 
such  an  action  may  be  maintained  by  a  judgment  creditor  against 


570 


JURY  FINES. 


Co.  Civ.  I*roe. 
41117. 

Comp.  loll. 
Uncollected 
flues  to  be  dock 
eted  and 
enforced  as 
lodgments. 


Id.  $1118. 
Commissioner 
to  receive  fines, 
etc. 

His  account ; 
now  rendered 
and  settled. 


a  sheriff  failing  to  collect  an  execution  against  property,  and 
with  like  effect.  The  provisions  of  section  sixteen  hundred  and 
ninety-two  apply  to  such  an  action. 

§  1690.  The  commissioner  must,  within  thirty  days  after  the 
return  of  the  warrant  to  him,  file  with  the  clerk  of  the  court  by 
which  cadi  uncollected  fine  was  imposed,  a  certificate  to  the 
effect  that  the  warrant  has  heen  returned,  and  showing  what 
fines  remain  uncollected.  Thereupon  the  clerk  must  make,  in 
the  docket-hook  of  judgments  kept  by  him,  the  same  entries, 
as  nearly  as  may  he,  with  respect  to  each  uncollected  fine,  as  if  it 
was  a  final  judgment  rendered  in  an  action.  If  the  fine  wan 
imposed  hy  a  court  other  than  the  supreme  court,  the  clerk 
thereof  must  immediately  transmit  a  transcript  of  the  entries  to 
the  clerk  of  the  city  and  county  of  New  York,  who  must  file  it, 
and  make  the  appropriate  entries  in  his  docket-book  of  judg- 
ments. The  commissioner  must  pay  the  clerk's  fees,  at  the  rate 
allowed  for  similar  servire-;,  with  respect  to  judgments.  When 
the  entries  have  heen  made,  the  fine,  with  interest,  becomes  a  lien 
upon  the  real  property  of  the  person  fined,  as  if  it  was  recovered 
hy  a  judgment  in  the  same  court ;  and  an  execution  to  collect  it 
may  he  issued,  directed  to  the  sheriff  of  the  city  and  county 
of  New  Yofk,  as  upon  such  a  judgment.  The  commissioner  has, 
in  relation  to  the  execution  and  the  satisfaction  of  the  fine,  all 
the  powers  of  the  attorney  for  a  party  recovering  such  a  judg- 
ment, in  relation  to  the  judgment  and  the  execution  issued  there- 
upon. 

§1691.  The  commissioner  of  jurors  must  receive  all  money 
paid  or  collected  for  fines  or  penalties,  as  prescribed  in  this  title, 
and  he  may  make  all  payments  therefrom  which  he  is  author- 
ized hy  this  title  to  make.  He  must  give  a  receipt  for  any 
money  paid  to  him  for  a  fine  or  penalty.  He  must  keep  a  just 
and  faithful  account  of  all  receipts  and  payments,  by  items, 
showing  the  name  of  the  person  from  whom  each  sum  of  money 
was  received  and  to  whom  each  sum  of  money  was 
paid,  and  must,  at  all  reasonable  times,  keep  his  account 
open  to  public  inspection.  At  fhe  end  of  each  calendar  year  his 
accouftt  must  be  verified  by  his  affidavit  to  the  effect  that  it  is 
in  all  respects  just  and  true,  and  that  he  has  not  received  any 
sum  of  money  during  the  year  for*  which  he  has  not  charged 
himself  in  the  account.  The  account  thus  verified  must  be  aud- 
ited and  certified  by  at  least  three  other  members  of  the  board 
for  the  enforcement  of  jury  fines,  and  the  commissioner  must 
thereupon  pay  over  to  the  chamberlain  "of  the  city  the  balance, 
if  any,  in  his  hands.  The  account  thus  audited  and  certified 
must  immediately  be  transmitted  by  the  commissioner  to  the 
clerk  of  the  board  of  aldermen,  and  must  be  published  in  the  news- 


PUNISHMENT  YOU  H  1*1  BEKY  Ml  .11  ROR 


571 


paper  designated,  as  prescribed  by  law,  for  the  publication  of  the 
official  proceedings  of  city  officers. 

§1092.  The  corporation  attorney  of  the  city  of  New  York  gfcOr. *»* 
must,  when  required  l»v  the  eoniinissioner  of  jurors,  prosecute  corp.,niiior. 

«  «•  «         i  ii      attorney  to 

in  the  proper  court  an  action  for  the  collection  of  each  penalty  prosecute  for 

11  .  a  iHsnaltles;  com 

incurred  as  prescribed  in  this  title;  unless  hois  satisfied,  upon  promise. etc.. 
an  examination  of  the  case,  that  there  isa defense  to  the  action. 
The  action  must  he  maintained  in  the  name  of  the.mayor,  alder- 
men, and  commonalty  of  the  city  of  New  York,  as  plaintiffs. 
The  commissioner,  with  the  assent  of  the  corporation  attorney, 
may  compromise,  settle,  or  discontinue  an  action  so  Drought. 
From  the  proceeds  of  an  action  prosecuted  to  judgment  and 
execution,  or  compromised  as  prescribed  in  this  section,  the 
corporation  attorney  may  retain  the  taxable  or  taxed  costs.  He 
must  pay  over  the  remainder  to  the  commissioner. 

§  1693.  A  physician  who  knowingly  gives  a  false  certificate,  Comp,  1512. 
or  makes  a  false  representation,  for  the  purpose  of  enahling  or  S^SmsV* 
assisting  a  person  to  he  discharged,  excused,  or  exempted  from  !"ffcSS?e  cer 
service  as  a  trial  juror  in  the  city  and  county  of  New  York,  is 
guilty  of  a  misdemeanor. 

§  1691.  A  person  to  whom  application  is  made,  within  the  p^ons  re- 
city  of  New  York,  by  the  commissioner  of  jurors,  or  hy  his  Jl^nform1! 
authority,  for  information  as  to  a  fact,  upon  which  the  liability  for^e?^!^. 
Of  himself  or  any  other  person  to  serve  as  atrial  juror  depends, 
and  who  refuses  to  give  information  relating  thereto,  which  he 
can  give,  or  knowingly  give-,  false  information  relating  thereto; 
or  a  person  who  knowingly  makes  to  the  commissioner  of 
jurors,  or  to  a  person  acting  hy  his  authority,  a  false  represen- 
tation as  to  the  identity,  residence,  or  any  other  matter  relating 
to  the  liability  of  himself  or  any  other  person  to  serve  as  a  trial 
juror,  forfeits  fifty  dollars  for  each  offence. 

j)  1C>95.  A  person  who  gives,  pays,  promises,  or  offers  money  £1^^,,^,,,. 
or  any  other  thing  to  the  commissioner  of  jurors,  the  sheriff,  bribery  of  om 

»,  j  .  7   cers,  etc..  by 

the  county  clerk,  or  other  clerk  of  a  court;  or  to  the  deputy  of,  j "n>rs <irav-T' 
or  a  person  employed  by,  the  county  clerk  or  other  clerk  of  a 
court;  or  to  an  officer,  messenger,  or  other  person,  employed 
by  the  sheriff  or  the  commissioner  of  jurors— >,f or  the  purpose  of 
enabling  or  assisting  himself,  or  any  other  person  named  or 
drawn  as  a  trial  juror,  to  evade,  or  to  be  discharged,  exempted, 
or  excused  from  service;  or  who  knowingly  makes  a  false  state- 
ment or  representation  to  a  judge,  the  commissioner  of  jurors, 
or  a  member  of  the  board  of  enforcement  of  jury  fines,  for 
such  purpose;  or  who  knowingly  retains,  conceals,  suppresses, 
or  willfully  destroys  a  notice  to  attend,  before  the  commissioner 
of  jurors,  or  at  a  term  of  a  court,  or  any  other  paper,  relating 
to  the  liability  to  serve,  or  service,  as  a  trial  juror,  left  at  the 


672 


AITOKTIONMLNT  OK  MARSHALS. 


id.  §im 

Id. ;  for  officer 
accepting' 

hribfi.  etc. 


Co.  Civ.  Proc. 
|11M. 

Comp.  1518. 
Id.;  forconceal- 
inR offer  to  tnke 
bribe,  etc. 


Id.  1125. 

False  swearing ; 
v.lien  perjury 


residence  or  place  of  business  of  another,  who  has  been  named 
or  drawn  as  a  trial  juror,  is  guilty  of  a  misdemeanor.    The  dis 
trict  attorney  must  prosecute  for  each  offense,  specified  in  this 
or  the  next  two  sections,  which  comes  to  his  knowledge. 

§  1600.  An  officer,  or  a  person  employed  by  the  sheriff,  by 
the  commissioner  of  jurors,  or  by  the  county  clerk,  or  other 
clerk  of  a  court,  who  takes  money,  or  any  other  thing  as  a  gift, 
bribe,  or  payment,  for  the  purpose  of  enabling  or  assisting  a 
person  named  or  drawn  as  a  trial  juror  to  evade,  or  to  be  dis 
<  harged,  exempted,  or  excused  from  jury  duty;  or  who  will 
fully  and  knowingly  prevents  or  hinders  the  execution  of  any 
provision  of  this  title,  is  guilty  of  a  misdemeanor. 

g  1697.  A  person  named  or  drawn  as  a  trial  juror,  to  whom 
cyi  offer  or  suggestion  to  procure  his  discharge,  exemption,  or 
excuse  from  jury  duty,  for  or  in  consideration  of  a  corrupt 
inducement  or  reward,  is  made  by  any  person,  and  who  fails 
within  twenty-four  hours  thereafter  to  inform  the  commissioner 
of  jurors  thereof,  is  guilty  of  a  misdemeanor. 

§  1698.  A  person  who  swears  falsely  in  an  affidavit,  or  testi- 
fies falsely  upon  an  incpiiry,  made  as  prescribed  in  this  title,  is 
guilty  of  perjury,  in  a  case  where  falsely  swearing  in  an  affi- 
davit used  upon  a  motion  in  a  civil  action,  or  falsely  testifying 
upon  the  trial  of  an  issue  of  fact  in  such  an  action,  would  con- 
stitute that  crime. 


CHAPTER  XX. 

MARSHALS  AND  NOTARIES  PUBLIC. 

Title  l.—The  Marshals. 


1871,  ch.  804,  61. 
Comp.  1479. 
1875,  ch.  349, 
Comp.  1480. 
1873,  ch.  835, 
§25,  Comp.  C8. 
Number  and 
manner  of  ap- 
pointment of 
snarshals. 
Vacancies,  how 
filled. 

18C2,  ch.  484,  §4, 
Comp.  1475. 
1875,  ch.  349. 
Ccrop.  1480. 


"§  1699.  In  eighteen  hundred  and  eighty-five,  the  mayor  shal) 
nominate]  and,  by  and  with  the  consent  of  the  board  of  alder- 
men, appoint  thirty-seven  marshals,  who  shall  hold  their 
respective  offices*  for  the  term  of  six  years  from  the 
first  day  of  May  in  said  year.  Any  person  appointed 
after  the  commencement  of  the  term  ns  herein  pre- 
scribed shall  hold  only  until  the  expiration  of  such  term  and 
until  a  successor  is  duly  appointed  and  qualified.  There 
shall   be   appointed    in    like    manner,  in  every  sixth  year 


ACTIONS  ON  MARSHALS'  BONDS. 


thereafter,  the  same  number  of  marshals,  who  shall  hold  office 
for  six  years  from  the  first  day  of  May  in  the  year  in  which  they 
are  required  to  be  appointed.  Tlie  provisions  of  section  one 
bundled  and  six  of  this  act  apply  thereto.  H  u  b  of  said  mar 
shals  shall  be  a  resident  of  the  district  wherein  the  court  for  or 
to  which  he  is  appointed  is  located.  Two  of  said  marshals  shall 
be  assigned  to  tbo  district' court  in  the  district  composed  of  the 
Twenty-third  and  Twenty-fourth  wards. 

;>  1700.  No  marshal  shall  be  permitted  to  enter  upon  the  aS^Hre!' **' 
duties  of  the  office  until  he  shall  execute  a  bond,  with  two  suffi-  Hond. 
rient  sureties,  who  shall  be  residents  of  and  shall  own  real  estate 
in  the  county  of  New  York  to  the  amount  of  double  the  penalty 
of  the  bond,  to  the  mayor,  aldermen,  and  commonalty  of  the 
city  of  New  York,  in  the  penal  sum  of  one  thousand  dollars, 
jointly  and  severally  to  answer  the  said  mayor,  aldermen,  and 
commonalty,  and  any  parties  that  may  complain,  conditioned 
that  such  marshal  shall  well  and  faithfully  execute  the  duties  of 
said  office  of  marshal  without  fraud,  deceit,  or  oppression,  such 
sureties  to  justify  in  double  the  amount  of  such  bond.    The  said  ^ppjpvai ot 

J  .  sureties. 

bond  shall  bo  delivered  to  the  mayor  of  said  city  for  approval, 
who  shall  judge  of  and  determine  the  competency  of  the  sure- 
ties; and  should  he  approve  of  the  same,  he  shall  note  his  ap- 
proval thereon,  and  shall  cause  such  bond  to  be  filed  in  the  office  Bondtobefued. 
of  the  clerk  of  the  court  of  common  pleas,  within  ten  days  after 
the  same  shall  have  been  approved  of  by  him,  and  he  shall  either 
approve  of  or  reject  such  bond  within  five  days  after  the  same 
shall  have  been  presented  to  him  for  that  purpose. 

§  1701.  Any  person  who  shall  be  aggrieved  by  any  official  h  ■ 
misconduct  on  the  part  of  any  marshal,  and  who  may  desire  to  bondecutlon  01 
prosecute  his  official  bond,  and  who  shall  have  first  obtained  judg- 
ment against  such  marshal  for  official  misconduct,  may  move 
before  a  justice  of  the  court  of  common  pleas,  at  the  chambers 
thereof,  after  giving  such  marshal  and  his  sureties  eight  days, 
previous  notice  of  intention  so  to  do  by  personal  service  of 
said  notice  on  them,  stating  when  such  motion  will  be  made, 
and  of  the  papers  to  be  used  on  such  motion,  for  leave  to  prose i 
cute  such  official. bond  in  his  own  name,  and  such  leave  shall  be 
granted  upon  it  appearing  satisfactorily  to  such  court: 

1st.  That  a  judgment  has  been  obtained  in  his  favor  against 
such  marshal  for  official  misconduct,  specifying  the  time  when 
and  the  court  whereby  such  judgment  was  rendered,  and  the 
amount  thereof. 

2d.  That  transcript  of  such  judgment  has  been  filed  in  the 
office  of  the  clerk  of  the  city  and  county  of  New  York,  specify- 
ing the  time  when  soch'transcript  was  filed  and  execution  issued, 
and  that  said  sheriff  has  returned  said  execution  wholly  or 


574 


ACTIONS  ON  MARSHALS'  BONDS. 


1MB,  eh,  464,  ST 
Coiup.  1476. 
Where  bond 
may  be  prose- 


Id.  |& 

Transoript  of 
judgment. 


To  wbora  exe- 
cution to  issue. 


Id.  |9. 

Comp.  1477. 
Bin  try  to  be 
made  on  bond. 


Id.  §10. 
Amount  col- 
lected to  be 
credited  on 
bond. 


partly  Unsatisfied,  after  having  demanded  payment  thereof  of 
such  marshal;  and  his  neglect  or  refusal  to  pay  the  same,  and  if 
any  payments  have  been  made  on  such  execution,  specifying 
the  amount  thereof,  but  where  such  marshal  shall  have  died  or 
removed  from  the  county,  a  demand  for  the  payment  of  the 
amount  of  such  execution  shall  not  be  necessary. 

3d.  That  such  judgment  is  wholly  or  partly  unpaid, 
specifying  the  amount  uncollected  or  unpaid,  and  that  the  sure- 
ties have  been  served  with  the  notice  and  papers  hereinbefore 
mentioned. 

§  1702.  Such  justice.may  order  such  bond  to  be  prosecuted  in 
any  of  the  district  courts  or  in  the  marine  court,  "and  either  of 
said  courts  shall  have  jurisdiction  inactions  brought  on  such 
bond,  upon  such  leave  being  granted,  and  the  said  justice  upon 
Maid  motion  may  award  the  aggrieved  party  his  reasonable 
costs  on  such  motion,  not  exceeding  the  sum  of  ten  dollars 
which  shall  be  included  in  the  judgment  obtained  upon  such 
bond. 

§  1703.  Whenever  any  judgment  shall  be  rendered  against 
any  marshal  or  his  sureties  in  the  marine  court,  or  in  any  of  the 
district  courts,  a  transcript  therereof  shall  be  filed  in  the 
office  of  the  clerk  of  the  court  of  common  pleas,  and  from 
the  filing  of  such  transcript  such  judgment  shall  be  deemed  to 
be  a  judgment  of  such  court,  and  shall  be  enforced  in  the  same 
manner  as  other  judgments  of  said  court.  And  no  execution 
on  such  judgment  shall  issue  to  any  other  officer  than  the  sheriff, 
and  all  such  executions  must  be  made  .returnable  to  the  clerk  of 
said  court. 

§  1704.  The  clerk  of  said  court  shall  make  a  memorandum 
on  the  official  bond  of  every  marshal,  upon  the  filing  of  ever}' 
transcript  of  a  judgment  obtained  against  him  and  his  sureties, 
and  of  the  time  when  and  the  court  whereby  such  judgment 
was  rendered,  and  the  amount  thereof,  and  shall  be  entitled  to 
a  fee  of  fifty  cents  therefor,  which  the  court  rendering  judgment 
shall  have  power  to  include  in  such  judgment,  together  with 
whatever  other  disbursements  are  or  may  be  necessarily  in- 
curred in  said  action,  and  the  said  bond  shall  be"  canceled  to  the 
amount  of  such  judgment. 

§  1705.  Whenever  any  action  shall  be  commenced  against 
the  sureties  of  any  marshal,  and  such  sureties  shall  pay  the 
amount  for  which  such  suit  is  brought,  and  the  costs  and  dis- 
bursements incurred  therein,  or  any  part  thereof,  the  party  or 
parties  so  paying  shall  be  entitled  to  have  such  sum  so  paid 
credited  upon  such  bond,  upon  presenting  the  certificate  of 
the  plaintiff  or  his  attorney  in  such  action,  acknowledging  such 
payments  to  such  clerk  aforesaid,  and  upon  such  clerk  indors- 


t 


< 


MANUALS    I  I  1  " 


57! 


mg  such  payment  on  such  lioud.il   sli;i!l  li.- ( ;i!i<  »  i«;d  to  the 
amount  N  paid.  w 

<i  17<V..  Whenever  any  complaint  shall  be  made  by  any  person  h amended 
against  any  marshal  aforesaid  for  official  or  disordi  ly  conduct, 
or  for  fraudulent  practices  in  and  about  said  courts,  to  the 
court  of  common  pleas,  and  it  shall  satisfactorily  appear  t<» 
. such  court,  after  hearing  said  marshal  in  regard  to  such  com- 
plaint, that  such  marshal  is  guilty  of  the  offense  charged  by 
such  person  against  him,  such  court  may  order  that  such  marshal 
he  suspended  from  performing  the  duties  of  the  office  for  such 
time  as  the  said  court  of  common  pleas  may  direct;  or  such 
court  may,  in  its  discretion,  remove  such  marshal  from  office,  , 
and  forbid  and  prevent  him  from  further  performing  or  exercis- 
ing any  duties  as  marshal  aforesaid,  and  on  such  removal  being 
made,  some  competent  person  shall  be  appointed  in  his  place  to 
fill  such  office. 

§  1707.  Whenever  judgment  shall  he  rendered  against  the  oomp.w?7. 
official  bond  of  any  marshal  sufficient  to  cancel  the  same,  the  S^SlJSed.*0 
clerk  of  the  court  o£  common  pleas  aforesaid  shall  report  to  the  * 
mayor  that  fact,  and  it  shall  he  the  duty  of  the  mayor  to  compel 
such  marshal  to  renew  his  official  bond,  and  should  such  mar- 
shal neglect  or  refuse  to  renew  such  bond  within  ten  days  after 
being  notified  so  to  do,  he  shall  be  removed  by  the  mayor  afore- 
said, or  suspended  from  performing  the  duties  of  the  office  until 
such  time  as  he  shall  renew  the  same,  and  such  bond  shall  be 
renewed  in  the  same  manner  as  often  as  the  same  shall  he  can- 
celed. 

§  1708.  Every  marshal  shall,  within  thirty  days  after  his  ap-  Oomp.i47& 
pointment,  enter  into  a  bond  in  the  manner  aforesaid,  or  he  ™ntW*nar-cl" 
shall  he  deemed  to  have  waived  his  appointment  as  such  mar-  'ihal  wa,Te<1 
shal,  and  some  other  suitable  and  proper  person  shall  be  ap- 
pointed in  his  place  and  stead  to  discharge  the  duties  appertain- 
ing to  such  office  of  marshal.  m.  iu. 

§  1709.  Every  summons,  order  of  arrest,  attachment,  or  inv.ch.itn,  ji. 
other  process  issued  by  or  out  of  any  district  court,  or  by  any  whom  Verved. 
justice  thereof,  and  every  summons  or  precept  issued  by  the 
clerk  of  a  district  court,  and  every  summons  issued  by  any  jus- 
tice thereof,  shall  be  served  and  executed  by  a  marshal  of  said 
city,  except  that  the  justice  of. the  court  wherein  the  action  is 
commenced  may  depute  some  competent  person  to  serve  the 
summons  and  complaint  in  any  such  action  ;  but  the  person  so 
deputed  to  serve  such  summons  and  complaint  shall  not  be  en- 
titled to  any  fees  or  other  compensation  therefor,  except  the  per- 
sons who  serve  process  for  the  corporation  attorney.  ^'amended 

§  1710.  Fees  shall  be  allowed  to  the  said  marshals  for  ser-  ManflMfe'  tee*. 
vices  rendered  under  the  provisions  of  this  title,  as  follow?  :  For 


*■•».  IRIK8  PUBLIC 


serving  a  summons,  order  of  arrest,  or  attachment  on  one  de 
fondant,  one  dollar,  and  for  every  additional  defendant  actually 
served,  fifty  cents;  for  a  copy  of  every  summons  delivered  on 
request,  or  served,  fiftcon  cents;  for  a  copy  of  every  attachment 
and  of  tho  inventory  of  the  property  attached,  fifty  cents;  for 
serving  and  levying  an  execution  or  selling  under  an  attach- 
ment, five  cents  for  every  dollar  collected  to  the  amount  of  one. 
hundred  dollars,  and  two  and  a  half  cents  for  every  dollar  col- 
lected over  one  hundred  dollars;  for  every  mile,  going  only, 
more  than  one  mil*:,  when  serving  a  summons,  order  of  arrest, 
attachment  or  execution,  six  cents,  to  he  computed  from  the 
place  of  abode  of  the  defendant,  or  where  he  shall  be  found,  to 
the  place  where  the  same  is  returnable:  for  summoning  a  jury, 
<-ne  dollar  and  fifty  cents;  for  going  with  the  plaintiff  or  de- 
fendant to  procure  security,  when  security  is  ordered  by  the 
court,  one  dollar;  for  taking  the  defendant  into  custody  on  an 
order  of  arrest,  execution,  or  commitment,  two  dollars  and 
forty  cents;  serving  a  subpoena,  twenty-live  cents;  for  every 
levy  actually  made  by  virtue  of  an  execution,  one.  dollar;  for 
,  serving  a  writ  of  possession  or  restitution,  putting  any  person 

entitled  into  the  possession  of  premises,  and  removing  the  ten- 
ant, when  such  powers  can  be  exercised  by  a  marshal,  one  dol- 
lar; and  tho  same  fees  for  travelling  to  serve  the  same  as  are 
herein  allowed  for  serving  a  summons;  for  advertising  for  sale 
any  property  by  virtue  of  any  execution  or  attachment  issued 
out  of  a  district  court,  or  by  any  justice  thereof,  one  dollar;  for 
every  day  necessarily  employed  in  attending  such  sale,  one  dol- 
lar. The  said  marshals  shall  perform  all  other  services  required- 
of  them  by  law  without  any  fees  or  compensation  whatever 
therefor,  and  no  other  fees,  charges  or  compensation  shall  be 
allowed  to,  demanded  or  charged  by  any  of  the  said  marshals. 
1865, ch,  400.  S2,  §1711.  All  provisions  of  law  in  relation  to  the  taking  of 
property  by  sheriffs  of  counties  shall  apply  to  the  taking  of 
property  by  the  said  marshals. 


Title  _'.    Notaries  Public. 


jsoi.ch.  4i,  s=j,  g  1712.  The  Governor  may  appoint,  by  and  with  the  advice 
numerous  acts  and  consent  of  the  Senate,  as  many  notaries  public  in  and  for 
j>a£eTiiVto  the  city  and  county  of  New  York  as  he  may  deem  necessary, 
iwo,  ch.  180.  {s.  provided  the  number  in  commission  at  any  one  time  shall  not 
exceed  twenty-seven  hundred  and  ten.  But  there  may  be  from 
time  to  time  appointed,  in  addition  to  such  number,  one  notary 
iro  ch  8~  §1  on  *ne  application  of  each  bank  located  in  said  city.  At  the  time 
^Th^l  °f  subscribing  or  filing  the  oath  of  office  the  clerk  of  the  city  and 
comp.1473.      county  of  New  York  shall  collect  from  the  person  appointed  the 


NOTAKIKS  PIBUC.  ' 

sum  of  fifty  cents,  and  the  said  clerk  shall  annually  account 
therefor  to  the  State  treasurer.  But  such  clerk  shall  be  entitled  ^X.l,T 
to  retain  from  the  gross  amount  so  received  the  fees  now  noUrie* 
allowed  hy  law  to  him  from  the  State  for  notify  ingsuch  notaries 
public  of  their  appointment  to  office,  for  giving  notice  to  the 
governor  of  such  notaries  public  as  have  taken  theoath  of  office, 
and  for  giving  such  notice  of  notaries  public  who  have  neglected 
to  take  the  oath  of  office,  or  of  vacancies  created  for  any  cause 
in  such  office. 

1713.  Any  notary  public  appointed  for  the  county  of  Kings, 
Queens.  Richmond.  Westchester,  Putnam,  Suffolk,  and  Rock-  c2£^«8?' iU 
land,  or  for  the  city  and  county  of  New  York,  upon  filingacerti-  tf0u^5abiie 
tied  copy  of  his  appointment,  with  Ins  autograph  signature,  in  n^,n^;syfi,„ 
the  clerk's  office  of  any   other  of  said  counties,  is  hereby  £3™£&nt- 
authorized  to  exercise  all  the  functions  of  his  office  in  such  aT" other ' 
other  of  said  counties,  and  also  iu  the  county  in  which  he  re— 881(1  counUefl 
sides  lor  each  of  such  counties,  with  the  same  effect  as  he  now 
possesses  by  law  in  the  county  for  which  he  is  appointed.     And  ^UrtSorte 
the  county  clerk  of  any  of  said  counties  in  whose  office  any 
notary  public,  appointed  as  aforesaid,  shall  have  filed  a  certified 
copy  of  his  appointment,  with  his  autograph  signature,  is  hereby 
authorized  and  required,  whenever  so  requested,  to  subjoin  to 
any  certificate  of  proof  or  acknowledgment,  signed  by  such 
notary  public,  a  certificate  under  his  hand  and  official  seal,  speci- 
fying that  said  notary  public  has  filed  a  certified  copy  of  his 
appointment,  with  his  autograph  signature,  in  his  office,  and 
was,  at  the  time  of  taking  such  proof  or  acknowledgment,  duly 
authorized  to  take  the  same,  and  that  said  clerk  is  well  ac- 
quainted with  the  handwriting  of  said  notary  public,  and  verily 
believes  that  the  signature  to  the  said  certifiate  of  proof  or  ac- 
knowledgment is  genuine.    And  any  conveyance  so  proved  or  conveyances 

°  "  so  acknowl- 

acknowledged,  and  having  such  county  clerk's  signature  sub-  J^  '1" 
joined  thereto,  shall  be  entitled  to  be  read  in  evidence  or  to  "be  evidence, 
recorded  in  any  of  the  counties  of  this  State, 


578 


DUTIE8  OF  THE  sIIFIUFF. 


ClIAI'TKK  XXJ.' 


Amount  of 
penalty  In  hl:t 
bond. 


I  K.  S.  ch.  IS, 
art.  .">,  $$08,  on, 
Comp.  1-137. 
Filing  of  1>ond : 
onth  of  suit 
t  it's. 


1.1.  J75. 

Co.  Civ.  lYoc. 

jiao. 

Custody  of 
in  lis 

Co.  Civ.  I*roc. 
IMS. 


1880,  ch.  154.  |1. 
Office  to  lie 
kept  open 
every  day 
except  Sundays 
and  legal  holi- 
days. 


( ifflce  hours. 
When  holiday 
falls  on  Sun-" 
dav. 


18t<0.  ch.  398,  |1. 


Tin;  ( 'or nt v  Offk  khs. 

Title  I.    The  Sheriff. 

$  1714.  The  bond  to  be  executed  by  the  sheriff  of  the  city* 
and  county  of  New  York  shall  be  in  the  penal  sum  of  twenty 
thousand  dollars,  with  two  sureties.  Every  such  bond  shall  be 
filed  in  the  clerk's  office  of  the  county, and  the  clerk  shall,  at  the- 
time  of  filing  the  same,  administer  an  oath  to  each  of  the  sure- 
ties named  therein,  that  lie  is  a  freeholder  within  this  State, 
and  worth  the  sum  of  twenty  thousand  dollars  ;  which  oath 
shall  be  indorsed  on  the  bond,  and  subscribed  by  each  of  tho 
sureties  in  the  presence  of  the  clerk,  who  shall,  notwithstanding, 
judge  of  and  determine  the  competency  of  such  sureties. 

1715.  The  sheriff  shall  have  the  custody  of  the  jail  used  for 
the  confinement  of  persons  committed  on  civil  process  only, 
and  of  the  prisoners  in  the  same.  The  building  now  used  as  a 
jail  for  the  confinement  of  such  persons  shall  be  and  continue 
the  jail  of  the  city  and  county  of  New  York  for  the  confinement 
of  such  person-.  The  liberties  of  the  jail  are  the  whole  of  the 
city. 

§  1710.  The  sheriff  shall  keep  his  office  open  for  the  transac- 
tion of  business  every  day  in  the  year  except  Sundays;  the  first 
day  of  January,  commonly  called  new  year's  d%;  the  twenty- 
second  day  of  February,  known  as  Washington's  birthday;  the 
thirtieth  day  of  May,  commonly  called  decoration  day;  the  day 
observed  as  the  anniversary  of  American  independence:  election 
day;  the  day  appointed  by  the  governor  of  this  State  as  a  day  of 
general  thanksgiving,  and  the  twenty-fifth  day  of  December, 
commonly  called  Christmas,  from  nine  o'clock  in  the  forenoon 
to  four  o'clock  in  the  afternoon.  Whenever  any  of  the  holidays 
mentioned  aforesaid  shall  fall  on  Sunday,  the  Monday  next  fol- 
lowing shall  be  deemed  and  considered  as  the  first  day  of  the 
week  or  Sunday,  and  a  public  holiday. 

§  1717.  All  orders  of  arrest,  warrants  of  attachment,  execu- 
tions and  proceedings  to  recover  personal  property  in  civil  ac- 
tions, except  when  the  sheriff  is  a  necessary  party  thereto,  made 
or  issuing  out  of  any  court  of  record  in  the  city  and  county  of 
New  York,  whether  by  statute  or  otherwise,  shall  be  issued  to 
the  sheriff  onlv. 


SALAKY  AND  FEES  «>»'  *'<>i  NTH   <  LKRK. 


§  171b.  The  sheriff  shall,  on  the  rhst  day  oJ  e\eiy  month,  ,1^;;ii';'",Jf4" 
transmit  to  the  secretary  of  state,  a  statement  of  the  number  of  J*^,',"^? 
persons  convicted  in  courts  of  special  sessions  during  the  pre- 
ceding month  in  New  York.  Such  statements  shall  specify  the 
crimes,  the  whole  number  convicted,  sex,  age,  nativity,  married 
or  single,  degree  of  education,  religions  instruction,  parents  liv- 
ing or  dead,  whether  before  convicted  of  any  crime  or  not.  and 
whether  temperate  or  intemperate.  All  courts  in  the  city  01 
New  York  having  jurisdiction  in  eases  where  criminal  convic- 
tions are  had,  are  hereby,  for  the  purposes  of  this  chapter,  de- 
clared courts  of  special  sessions,  whether  composed  of  one  or 
more  police  magistrates. 

Title  2.— The  County  Clerk. 
S  1719.  The  clerk  of  the  citv  and  county  of  New  York  shall  mch-  jap  p 

u  "  *  Comp.  1443. 

be  chosen  at  a  general  election. 

§  1720.  In  every  case  where  a  vacancy  shall  occur  in  the  office  i  k.  b.  ch.  s, 
of  clerk  of  the  city  and  county  of  New  York,  the  governor  shall  oomp.  i4:;b. 
appoint  some  fit  person  who  is  eligible  to  the  office  to  execute  &mphi4w.^' 
tin1  duties  thereof  until  it  shall  be  supplied  by  au  election.     The  Comp.  144:1. 
person  so  appointed,  after  taking  the  oath  of  office  and  execut-  Zmwot^w. 
ing  a  bond,  if  one  be  required  of  the  officer  in  whose  place  he 
shall  be  appointed,  shall  possess  all  the  rights  and  powers,  and 
be  subject  to  all  the  duties  and  obligations  of  the  officer  to  whom 
he  succeeds.    When  the  light  of  office  of  a  person  elected  to  the 
office  of  clerk  shall  cease  before  the  commencement  of  the  term 
of  service  for  which  he  shall  have  been  elected,  a  special  election 
shall  be  held  to  elect  a  successor. 

§  1721.  The  office  of  clerk  of  the  city  and  county  is  so  far  local 
as  to  require  the  residence  of  every  person  holding  such  office  oomp'.  was, 
within  the  city. 

§  1722.  There  shall  be  allowed  to  the  clerk  a  salary  at  and  ls^ch. 482, 
after  the  rate  of  three  thousand  dollars  a  year  as  his  compen-  Homp- ,m- 

J  1  Compensation 

sation,  which  shall  be  in  lieu  of  all  fees,  perquisites,  and  emoiu-  of  cia*. 
ments  for  discharging  the  duties  of  county  clerk,  and  for  the  per- 
formance of  any  other  duty  prescribed  by  law,  directly  or  indi- 
rectly, to  the  said  clerk,  or  which  he  may  perform  by  virtue  of 
that  office,  except  as  in  the  next  section  provided.    The  board  The  board  or 

'  r  1  r  aldermen  may 

of  aldermen  may  in  every  second  year  after  the  year  one  thou-  mmT^ft^a^S" 
sand  eight  hundred  and  eighty-one,  increase  or  diminish  the 
salary  of  the  county  clerk,  but  uo  such  increase  or  diminution 
shall  reduce  such  salary  below  two  thousand  dollars  or  increase 
it  above  three  thousand  dollars. 

§  1723.  The  clerk  shall  be  entitled  to  charge  and  receive  for  isss.  ch- 1«, 
his  services,  in  addition  to  his  salarv.  in  making  searches  in  his  LomP- 1447 

_~  .  „  Clerk"8  fees  cu 

office,  as  follows:  thonzed. 


Dl  TIES  OF  THE  COUNT V  CLKH.'C. 


id.  J  ). 
Competent 
Miarehers  to  be 
r  nploycd. 


ld.«Sl. 

Clerk  to  make 
searches  with- 
out delay. 


Clerk  liable  for 

damages  for 
errors. 


1847, eh.  842.  Jl. 
as  amended 
1853,  ch.  010,  $1, 
Comp.  143'.'. 
Fees  and  emol- 
uments shall 
belong  to  the 
city  ot  New 
York. 


Id.  $§7,  8, 
as  amended 
1861,-ch.  15. 
Comp.  1440. 
Assistants  may 
be  appointed. 


Appointments 
to  be  made  in 
writiiMr. 


For  searching  the  dockets  of  judgments  and  decrees,  and 
transcripts  of  judgments  and  decrees,  fifteen  cents  per  year. 

For  searching  all  other  matters  of  record  he  may  be  required 
to  search  for,  five  cents  per  year  respectively. 

For  returning  in  his  search  any  judgment  or  other  matter  of 
lien  five  cents  each. 

It  shall  be  lawful  for  the  said  clerk  to  retain  to  his  own  use 
the  fees  specified  in  this  section. 

§  1724.  It  shall  be  the  duty  of  the  said  clerk  to  provide  a  suf- 
ficient number  of  competent  searchers,  for  the  prompt  and  cor- 
rect dispatch  of  the  business  of  that  department,  at  such  com- 
pensation as  he  may  consider  their  services  reasonably  worth  ; 
and  the  searchers  in'.the  said  office  shall  draw  no  salaries  from  the 
city  treasury. 

£  1725.  It  shall  be  the  duty  of  said  clerk  on  the  receipt  of  any 
order  directing  the  searches  in  his  office,  to  cause  the  same  to  be 
made  without  delay,  and  to  certify  the  correctness  of  his  return 
within  ten  days  from  the  receipt  of  the  requisition  therefor,  and 
he  shall  be  [held  legally  liable  for  all  damages  resulting  from 
errors,  inaccuracies,  or  mistakes  in  his  return  so  certified  by  him; 
and  in  case  be  shall  not  have  completed  and  certified  such  requi- 
sition for  search  at  the  expiration  of  the  ten  days  aforesaid,  then 
he  shall  forthwith  complete  and  certify  such  return,  with  like 
liability,  arid  forfeit  all  fees  above  allowed  therefor. 

<j  1720.  All  the  fees,  perquisites  and  emoluments  of  the  clerk 
or  which  he  may  now  or  hereafter  by  law  be  permitted  or  en- 
titled to  take  by  virtue  of  his  office,  for  all  official  services  what- 
soever rendered  by  him,  shall,  except  as  otherwise  specially  pro- 
vided, belong  to  and  be  for  the  benefit  of  the  city  and  county  of 
New  York,  and  shall  be  collected  by  him,  and  accounted  for  and 
paid  over  into  the  treasury  of  said  city  and  county. 

§  1727.  The  said  clerk  shall  have  the  power  to  appoint  so 
many  assistants  to  aid  him  in  the  performance  of  the  duties  of 
his  office  as  he  shall  deem  necessary  for  that  purpose,  not  ex- 
ceeding the  number  now  authorized  by  law,  and  which  he  shall, 
from  time  to  time,  be  authorized  to  appoint  by  the  board  of  al- 
dermen, whose  duty  it  shall  be,  from  time  to  time,  to  prescribe 
the  number  of  assistants  that  may  be  so  appointed,  which  num- 
ber ma)'  at  any  time  be  increased  or  diminished  by  the  said 
board  ;  and  the  said  board  shall  also  fix  and  may  from  time  to 
time  change  the  salaries  to  be  paid  to  the  assistants  so  appointed, 
but  no  such  salary  shall  exceed  the  rate  of  twelve  hundred  dol- 
lars a  year,  except  as  herein  otherwise  provided.  The  appoint 
ment  of  every  assistant  under  and  by  virtue  of  this  act  shall  be 
made  in  writing  and  filed  in  the  office  of  the  clerk  of  the  city 
and  county  of  New  York  before  such  assistant  shall  enter  upon 


DUTIES  <  >F  THE  <  tH'N'I'V  l  !LERK. 


15  How.  ISO. 


the  discharge  of  his  duties;  and  the  officer  who  shall  appoint 
any  such  assistant  sliall  be  responsible  for  the  act  of  such  as- 
sistant 

$  IT-JS.  It  shall  he  the  duty  of  the  clerk  to  keep  an  efl^'l  ac-  JJJSkwtai 

count  in  a  book  or  books  to  be  provided  for  that  purpose,  at  the  ' 
expense  of  the  people  of  the  city  of  New  York,  of  all  fees,  per-  5E8J*S" 
quisites,  and  emoluments  actually  .received  by  such  officers,  re-  jjgj, 
spectively,  for  any  service  done  by  him  or  his  assistants  in  his  or 
their  official  capacity,  hy  virtue  of  any  law  of  this  State;  and  of 
all  fees,  perquisites,  and  einolunients  which  such  clerk  shall  be 
entitled  to  demand  and  receive  from  any  person  for  any  service 
rendered  hy  him  in  his  official  capacity  pursuant  to  law.  Such 
hooks  shall  show  when  and  for  whom  every  such  service  shall 
have  been  performed,  its  nature,  and  the  fees  chargeable  there- 
for; and  shall,  at  all  times  dining  office  hours,  he  open  to  the  in- 
spection, without  any  fee  or  charge  therefor,  of  all  persons  de- 
siring to  examine  the  same;  and  they  shall  he  deemed  a  part  of 
the  records  of  the  office  in  which  they  shall  he  kept,  and  shall  be 
preserved  therein  as  other  books  of  records  are. 

§  1720.  A  transcript  of  such  accounts  to  be  made  in  such  form  1c^£vukV°' 
as  shall  be  prescribed  by  the  comptroller  of  the  citv,  shall  be  Transcripts <>r 

*  J  1  •<  '  accounts  to  l»r 

transmitted  by  such  officer  for  each  calendar  month  and  within  ^V.m'ptV.'.i'i.'V1 
ten  days  from  the  expiration  thereof,  to  the  comptroller,  which  month|v 
shall  be  verified  by  the  oaths  of  such  officer,  or  by  his  assistant, 
which  transcript  shall  contain  a  statement  of  all  moneys  received 
by  such  officer  for  fees,  perquisites,  and  emoluments,  for  ser- 
vices done  by  him  or  his  assistants,  in  his  official  capacity  by 
virtue  of  any  law  of  this  State  since  making  the  last  preceding 
transcript  and  return  specifying  the  total  amount  received  from 
each  person  and  the  name  of  each  person;  and  also  a  statement 
of  the  fees,  perquisites,  and  emoluments  which  such  officer  or 
his  assistants  shall  be  entitled  to  demand  from.any  person  for 
services  rendered  in  his  or  their  official  capacity,  by  virtue  of  any 
law  of  this  State  since  making  the  last  preceding  return,  which 
shall  have  been  made  by  such  officer,  specifying  the  amounts 
chargeable  to  such  person,  the  names  of  such  persons,  and  the 
character  of  the  service  rendered.  And  the  verification  of  every 
account  so  transmitted  to  such  comptroller  shall  be  positive,  and 
not  upon  information  or  belief. 

$  1730.  Xo  account  for  the  compensation  for  services  of  any  c^;phi£f?'<u' 
assistant  to  be  appointed  under  and  bv  virtue  of  this  title,  shall  compensation 

to  tifwistflti  t  s 

be  allowed  until  such  assistant  shall  have  certified,  on  oath  or  whenaiiowed 
affirmation,  that  the  services  have  been  performed  for  which 
such  account  may  be  rendered,  and  th^t  he  has  not  in  any  way, 
directly  or  indirectly,  paid  or  given,  nor  contracted  to  pay  or 
give  any  reward  or  compensation  for  his  office  or  employment, 
or  the  emoluments  thereof. 


CLERK  TO  ACCOUNT  FOR  FEES,  K  K  . 


Id.  *12. 

Penalty  f<>i 
neglect,  etc 


1866,  ch.  KB. 
SSL  a, 

Comp.  1119. 
1847,  ch.  43a,  $7; 
1801,  eh.  15, 
Comp.  1150. 

1867,  ch.  415,  $2, 
Comp  .1450. 

1869,  ch.  875,  §1, 
Conip.  1  ISO. 

1870,  Ch.  382,  SI, 
Comp.  1451. 
Resolutions  of 
supervisors. 
Deo.  29,  1847; 
Dec.  22,  1863; 
Feb.  27,  1860; 
May  20,  1863; 
Nov.  24,  1869; 
Dec.  28,  1854; 
Deo.  23,  1862; 
Dec.  27,  1852; 
Mar.  2.  1863. 


1867.  ch.  415, 

Comp.  1449. 

Repairing 

records. 

See  1846.  eh.122. 


1731.  Any  officer  referred  to  in  this  title,  who  shall  receive 
to  his  own  use,  or  neglect  to  account  for  in  such  mode  as  the 
board  of  aldermen  may  direct,  any  fees,  perquisites,  or  em<ilu 
ments  by^is  title  declared  to  belong  to  and  be  for  the  benefit  of 
the  city  and  county  of  New  York,  or  shall  neglect  to  render 
to  the  said  comptroller  an  account  of  the  fees  accruing  at  his 
office,  or  to  pay  over  the  same,  as  herein  required,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  punishable  with  a  tine  of 
not  less  than  five  hundred  dollars,  nor  exceeding  five  thousand 
dollars,  or  imprisonment  in  the  penitentiary  for  a  period  not 
less  than  three  months  nor  exceeding  one  year,  or  both  at  the 
discretion  of  the  court  before  whom  said  officer  may  be  con- 
victed, and  in  addition  shall  forfeit  any  sum  that  may  be 
due  to  him  on  account  of  his  salary,  and  shall  be  liable  to  the 
said  city  and  county  in  a  civil  action  for  all  moneys  so  received 
and  not  accounted  for  and  paid  over  into  the  treasury  of  Mid 
city  and  county  pursuant  to  the  requirements  of  this  title. 

1732.  There  may  be  in  the  office  of  the  county  clerk,  in  ad- 
dition to  the  persons  appointed  by  him  and  attached  to  the 
supreme  court,  the  following  persons,  who  shall  be  appointed 
and  may  be  removed  by  him  at  pleasure:  a  deputy  county 
clerk,  at  an  annual  salary  of  thirty-five  hundred  dollars;  an  as- 
sistant deputy  county  clerk,  at  an  annual  salary  of  three  thou- 
sand dollars;  a  mechanics'  lien  clerk,  at  an  annual  salary  of  four 
thousand  dollars;  a  docket  clerk,  at  an  annual  salary  of  three 
thousand  dollars;  an  assistant  docket  clerk,  at  an  annual  salary 
of  twenty-five  hundred  dollars;  a  clerk  of  records,  at  an  annual 
salary  of  twenty-five  hundred  dollars;  a  bookkeeper,  at  an  .an- 
nual salary  of  fifteen  hundred  dollars;  a  clerk  in  chancery,  at  an 
annual  salary  of  fifteen  hundred  dollars;  two  recording  clerks,  at 
an  annual  salary  of  fifteen  hundred  dollars  each;  eight  recording 
clerks,  at  an  annual  salary  of  twelve  hundred  dollars  each;  three 
recording  clerks,  an  an  annual  salary  of  eleven  hundred  and 
twenty-five  dollars  each,  one  recording  clerk,  at  an  annual  sal- 
ary of  nine  hundred  dollars;  one  recording  clerk,  at  an  annual 
salary  of  six  hundred  dollars;  one  recording  clerk,  at  an  annual 
salary  of  four  hundred  and  fifty  dollars;  one  messenger,  at  an 
annual  salary  of  nine  hundred  dollars. 

§  1733.  Whenever  any  books  or  records  affecting  titles  to  real 
estate,  or  liens  on  the  same  or  any  other  books  or  records,  or 
transcripts  of  judgments,  in  the  office  of  the  clerk  of  the  city  and 
county,  shall  have  become  mutilated  or  injured,  by  use  or  other- 
wise, so  that  they  cannot  be  conveniently  or  correctly  examined, 
the  said  clerk  shall  cause  copies  of  the  same  to  be  made;  and  the 
expenses  thereof  shall  be  a  charge  upon  the  said  city  and  county, 
and  shall  be  paid  by  the  comptroller  upon  the  certificate  of  the 


THE  RBOlSTEri. 


583 


said  clerk  that  such  copies  were  made  pursuant  to  his  orders,  at 
the  rate  of  six  cents  per  folio,  not  to  exceed  the  sum  of  ten  thou- 
sand dollars.  The  said  copies,  when  certified  by  the  said  dark 
to  he  correct  copies  of  the  original,  shall  have  the  validity  of  the 
said  original. 

§  1734.  The  clerk  shall  forever  be  relieved,  restrained,  and  JSuf&P"^ 
precluded  from  doing  or  performing  any  duties  or  services,  or  8^£jJwtad 
any  act,  matter,  or  thing  whatsoever  as  clerk  of  the  city  and  f™"(!( 
county,  so  far  as  the  same  relates  to  the  registering  of  mort-  u  ts 
gages,  and  recording  of  deeds,  conveyances,  and  other  writings 
which  by  law  are  or  hereafter  may  be  directed  and  required  to 
be  recorded  or  registered,  save  as  otherwise  specially  provided  hy 
law. 

§  1735.  It  shall  he  the  duty  of  the  clerk  to  assign  one  or  more  om^im! 
suitable  persons  in  his  office  to  have  the  custody  of  the  records  ^lrdJ_ot 
in  said  office  during  office  hours,  by  whom  or  in  whose  presence, 
under  the  direction  of  said  clerk,  all  examinations  of  such  records 
shall  he  made;  such  persons,  however,  shall  he  paid  by  such  clerk, 
and  not  by  the  city  and  county  of  New  York. 

§  1736.  The  hoard  of  aldermen  are  authorized  to  require  from  $.r^amemw 
the  county  clerk  and  any  of  his  assistants  such  security  for  the  Sp.'Yhi0, 
faithful  performance  of  these  duties  as  to  said  board  seems  nec- 
essary and  proper. 

5  0  3  G  9 

Title  B.—The  Register. 

{i  1737.  The  register  shall  be  chosen  at  a  general  election.    A  $faf'o?h'  13°* 
special  election  shall  be  held  when  the  right  of  office  of  a  person  sp™^,1^. 
elected  to  the  office  of  register  shall  cease  before  the  commence-  ,ious 
ment  of  the  term  of  service  for  which  such  officer  shall  have 
been  elected. 

§  173S.  In  every  case  where  a  vacancy  shall  occur  in  the  of-  tKfefjfis.*' 
fice  of  register  the  governor  shall  appoint  some  fit  person  who  was       ch!  a*,'  p, 
eligible  to  the  office  to  execute  the  duties  thereof  until  it  shall  Yaam^ia 
be  supplied  by  an  election.    The  person  so  appointed,  after  tak-  offlce 
ing  the  oath  of  office,  shall  possess  all  the  rights  and  powers, 
and  be  subject  to  all  the  duties  and  obligations  of  the  officer  to 
whom  he  succeeds. 

§  1739.  The  register  is  so  far  local  as  to  require  the  residence  HUei'Ms,6" 
of  every  person  holding  such  office  within  the  city.  Coi"p  143i; 

§  1740.  The  register  is  authorized  to  appoint  a  deputy  regis-  COTip.hi«s' 81 
ter,  and  also  an  assistant  deputy  register,  each  of  whom  shall,  Deputy  and 

.  *    assistant  repis- 

within  the  office  of  the  said  register,  possess  the  same  powers  aermin>'e^e 

and  be  subject  to  the  same  duties  and  responsibilities  as  the  dep-  1^ow-  J5y 

uty  county  clerks  in  the  various  counties  of  this  State  are  pos-  o«np.  1453.  1 
sessed  of,  and  subject  to  their  respective  offices.    The  compensa- 


:#84- 


DUTIKS  OF   THK  HVJ  ilSTKI! 


tion  of  each  of  said  officers  shall  he  fixed  and  paid  by  the  said 
register.  As  often  as  such  deputy  register  shall  die,  or  he  re- 
moved f  rorn  office,  or  remove  out  of  the  said  city  and  county,  or  he- 
come  incapable  of  executing  the  office,  another  shall  he  appointed 
in  his  place,  hy  writing,  under  the  hand  and  seal  of  the  register; 
and  every  such  deputation  or  appointment  shall  he  recorded  in 
the  office  of  the  clerk  of  the  city  and  county  of  New  York; 
which  said  deputy  register  shall,  in  case  of  the  death  of  the  said 
register,  perform  all  the  duties  and  receive  the  emoluments  ap 
pertaining  to  the  said  office  of  register,  and  he  subject  to  the 
same  penalties  that  the  register  of  said  city  and  county  would  he 
liable  to  if  living,  until  a  new  register  he  appointed  and  duly 
sworn. 

CmpAuZ.**4'       §  l?4rl.  The  register  shall  keep  open  his  office  for  the  tiansac- 

Rgrfrter'i  tion  of  business,  everv  day  in  the  year,  except  Sundavs  and  such 
office,  when  to  »  ,    „   ,       i    ,       -  .     ,  f    ,  ,,a 

be  kept  open,    other  days  as  are  or  shall  he  declared  hy  law  to  he  holidays, 

from  nine  o'clock  in  the  forenoon  to  four  o'clock  in  the  after- 
noon. 

Oom^iiS!''1'  It  shall  be  the  duty  of  the  register  to  assign  one  or 

custody  of  more  suitable  persons  in  his  office  to  have  the  custody  of  the 
records  in  said  office  during  office  hours,  by  whom  or  in  whose 
presence,  under  the  direction  of  said  legister,  all  examinations 
of  such  records  shall  be  made;  such  persons,  however,  shall  be 
paid  by  such  register,  and  not  bv  the  city  and  countv  of  New 
York. 

oSa^im'^  §  1743.  It  shall  be  the  duty  of  said  register  to  cause  any  and 
Renters  every  written  order  or  written  requisition  for  search  to  be  made 
without  delay,  and  to  be  certified  and  ready  for  delivery  within 
twenty  days  from  the  receipt  of  such  written  order  or  requisi- 
tion by  him,  and  he  shall  be  liable  for  all  damages  and  injuries  re- 
sulting from  errors,  inaccuracies,  or  mistakes  in  his  return  so 
certified  by  him,  and  from  dela3*s  in  completing  such  orders  or 
requisitions;  and  in  case  any  such  order  or  requisition  shall  not 
be  completed  and  certified  within  said  twenty  days,  the  said 
register  shall  forthwith  complete  and  certify  the  same,  and  shall 
forfeit  all  fees  therefor. 

comphi4M§159'      §  1744-  A11  tnat  Part  of  the  du*y  performed  prior  to  the  ninth 
Register  s  office  day  of  April,  eighteen  hundred  and  thirteen,  by  the  clerk  of  the 
city  and  county  of  New  York  which  appertains  and  relates  to 
the  registering  of  mortgages,  and  to  the  recording  of  deeds,  con- 
veyances, and  other  writings,  which  by  law  are  directed,  or  here- 
Register  to  be   after  mav  be  directed  to  be  registered  or  recorded,  shall  continue 

appointed.  •>  °  ' 

His  rights  and  to  be  held,  exercised,  and  enjoyed  by  the  register  in  and  for  the 
city  and  county  of  New  York;  and  such  register  shall  have  and 
enjoy  all  the  rights  and  powers  and  perform  all  the  duties  which 
were  formerly  performed  by  the  clerk  of  the  city  and  county  of 


powers. 


DUTIES  OF  THE  REGISTER. 


New  York  in  relation  to  the  recording  and  registering  <.>!'  deeds, 
conveyances,  mortgages,  and  other  writings. 

1745.  The  transcript  of  all  records  certified  by  the  said  u  "'' 

register  may  he  read  in  evidence  in  any  court  of  this  State,  with-  Tn>nK.ript«oi 

out  further  proof  of  such  deed,  conveyance.  Or  other  writing  so  SSdtyhimdc 
ed  m  the  said  < >lhce. 

>;  174t..  Whenever  anv  such  assessment,  rate,  tax,  charge,  1rr!-,'1,1?. 

•  *  '      ,      '  07   Comp.  14.V>. 

debt,  dutv,  or  demand  shall  be  satistied  or  discharged,  and  a  r.mr>  ...  i„ 
certificate  signed  by  the  incumbrancers,  their  successors,  exec-  certificate 
utors,  administrators,  or  assigns,  or  any  person  by  them  then - 
unto  authorized,  and  proved  and  acknowledged  in  the  manner 
by  law  required  for  the  acknowledgment  or  proof  of  deeds,  shall 
be  produced  to  the  said  register,  such  register  shall  enter  into  the 
said  book  of  registry  a  minute  of  such  discharge  and  certificate, 
which  minute  shall  be  deemed  and  taken  to  be  a  full  and  abso- 
lute bar  to  the  first  entry  of  such  note  or  memorandum  of  such 
assessment,  rate,  tax,  charge,  debt,  duty,  or  demand;  but  it  shall 
not  be  necessary  for  the  said  register,  on  entering  such  minute 
or  registering  any  such  note  or  memorandum  aforesaid,  to  record 
or  register  the  same,  or  any  certificate  of  the  proof  or  acknowl- 
edgment thereof,  at  length  or  more  fully  than  hereinbefore  is 
directed;  and  the  said  register  shall  be  entitled  to  demand  and 
receive  from  the  person  producing  such  certificate  of  discharge, 
for  entering  such  minute  thereof,  the  sum  of  twenty-five  cents. 

§  1747.  The  said  register  shall  make  an  index  to  each  book  of  u.  n<x. 

•  •   e  .  -1  •  1  j     1  i  •       Index  to  l>o<ik> 

registry  ot  mortgages  and  incumbrances,  and  also  a  general  in-  of  resism 
dex  to  all  the  said  books  of  registry  of  mortgages  and  incum- 
brances, and  shall  from  day  to  day  and  time  to  time,  as  the  said 
mortgages  and  incumbrances  shall  be  registered  or  entered  as 
aforesaid,  make  an  entry  in  the  index  of  the  books  wherein  the 
same  shall  be  registered  or  entered,  and  also  in  the  said  general 
index  of  the  name  and  names  of  each  and  every  mortgagor, 
debtor,  and  owner  or  proprietor  of  land,  mortgagee,  incum- 
brancer, and  party  named  in  such  mortgage,  or  in  such  note  or 
memorandum  of  assessment,  rate,  tax,  charge,  debt,  duty,  or 
demand,  so  to  be  registered  or  entered  as  aforesaid,  arranged 
alphabetically  under  the  initial  letters  of  the  name  of  each  and 
every  mortgagor,  debtor,  owner,  or  proprietor  of  land,  mort- 
gagee, incumbrancer,  and  party  named  therein,  with  proper 
references  in  the  said  general  index  to  the  book  of  registry, 
wherein  the  said  mortgages  and  incumbrances  shall  be  entered 
or  registered,  to  which  books  of  registry  and  indexes  all  persons 
shall  have  free  access  for  search  at  all  reasonable  times  during 
the  daytime,  and  which  the  said  register  shall  be  bound  to  ex- 
hibit to  those  who  wash  to  search.    Xo  additional  charge  shall 


580 


IHTlF.S  OF   tHK  HFJ  .  Is'l  EH. 


1818,  ch.ee.  $io.-. 

Comp.  l  I'll 

Id.  J170. 
Deeds  to  be 
recorded. 


1618,  cb.  Hfi.jin. 
Comp.  1490. 
DeedH  hereaf- 
ter made  to  be 
recorded. 


id.  sirs. 

Register  to 
note  on  deed 

tin-  time  when 

left  with  bim. 
Record  to  bear 
corresponding 
date, 


Id.  SITS. 
Register  to 
make  an  Index 
to  each  book 
of  record. 


1,1.  §  J  74. 


1S43,  ch.  199,  §1 
Comp.  1-444. 


ho  made  for.  such  indexes  as  arc  herein  directed  to  be  mads  \>\ 
the  said  register. 

j,;  171s.  No  deed  or  conveyance  in  fee  simple  absolute  of  any 
lands,  tenements,  hereditaments,  or  real  estate  within  the  city 
and  county  of  New  York,  which  hath  been  made  and  executed 
since  the  first  day  of  April,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  eleven,  shall  be  deemed  or  ftiken  to  be  good 
and  effectual  in  the  law,  as  against  any  subsequent  purchaser  or 
mortgagee  bona  fide,  and  for  valuable  consideration,  and  without 
notice  of  such  prior  deed  or  conveyance,  unless  such  deed  or  con- 
veyance was  recorded  at  length  in  the  office  of  the  clerk  of  the 
said  city  and  county,  on  or  before  the  first  day  of  May,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  twelve,  or 
hath  been  or  shall  be  so  recorded  in  the  office  of  the  register  in 
and  for  the  said  city  and  county,  previous  to  a  subsequent  pur- 
chase or  mortgage  as  aforesaid, 

;j  1740.  Every  such  deed  or  conveyance  which  shall  hereafter 
be  made  and  executed,  in  order  to  bo  good  and  effectual  in  the 
law,  as  against  any  subsequent  purchaser  or  mortgagee  bona 
fide,  and  for  valuable  consideration,  and  without  notice  of  such 
prior  deed  or  conveyance,  shall  be  recorded  at  length  in  the  office 
of  the  said  register,  in  the  books  now  used  or  hereafter  to  be  pro- 
vided by  him  for  that  purpose. 

§  1750.  The  said  register  shall  make  a  note  or  memorandum 
on  any  deed  or  conveyance  hereby  directed  to  be  recorded,  and 
which  shall  be  left  with  him,  or  in  the  said  office,  to  be  recorded, 
of  the  day,  month,  and  year,  and  the  hour  of  the  day,  when  the 
same  shall  so  be  left  \\ith  him,  or  in  his  office,  to  be  recorded  as 
aforesaid;  and  the  record  thereof  shall  bear  date  corresponding 
with  the  time  mentioned  in  such  note  or  memorandum. 

§  1751.  The  said  register  shall  make  an  index  to  each  book  of 
such  records,  and  from  day  to  day  and  time  to  time  as  the  same 
deeds  or  conveyances  shall  be  recorded,  make  an  entry  therein 
of  the  name  and  names  of  each  and  every  grantor  and  grantors, 
and  grantee  and  grantees,  and  parties  named  in  such  deed  or 
deeds  or  conveyances,  respectively,  arranged  alphabetically, 
under  the  initial  letters  of  the  name  of  each  and  every  grantor  and 
grantors,  grantee  and  grantees,  or  party  or  parties  named  therein, 
either  as  conveying  or  receiving  title  thereby,  to  which  records 
and  indexes  all  persons  shall  have  free  access  for  search,  at 
all  reasonable  times  during  the  daytime,  and  which  the  said 
register  shall  be  bound  to  exhibit  to  those  who  wish  to  search. 
No  additional  charge  shall  be  made  for  such  index  as  is  before 
directed  to  be  made. 

§  1752.  The  register  shall  provide  proper  books  for  making- 
general  indices  of  deeds  and  mortgages,  and  shall  form  indices 


FILING  OF  CHATTKI.  MOKTliAiil'.S. 


.W 


therein  in  sucli  manner  as  to  afford  correct  and  easy  reference  to  in.ii-..,t,,i„. 

"  mail**  Id  < !#**-«  1  s 

the  several  hooks  of  record  in  his  office.  There  shall  he  one  hook  <»"i  •"■.■•ik«k« 
for  deeds  and  another  for  mortgages.  In  each  hook  there  shall 
bo  made  double  entries,  or  two  lists  of  names  in  alphabetical 
order.  In  one  shall  be  set  the  names  of  the  grantors  or  mort- 
gagors, followed  by  the  names  of  their  grantees  or  mortgagees: 
and  in  the  other  the  names  of  the  grantees  or  mortgagees,  fol- 
lowed by  the  names  of  the  grantors  or  mortgagors,  leaving  proper 
blanks  between  each  class  of  names  for  subsequent  entries. 

§  lTM'.  Every  mortgage,  or  conveyance,  intended  to  operate  j^V1'279- 
as  a  mortgage  of  goods  and  chattels,  hereafter  made,  which  shall  ' ';  1  u:,H 

1  -i  i_     *  n  j  L       Chattel  mort 

not  be  accompanied  bv  an  immediate  delivery,  and  be  followed  by  K'^-v.,i,i 

r  J  J  1  •>     unless  filed. 

an  actual  and  continued  change  of  possession  of  the  things  mort- 
gaged, shall  be  absolutely  void  as  against  the  creditors  of  the 
mortgagor  and  as  against  subsequent  purchasers  and  mortgagees 
in  good  faith,  unless  the  mortgage,  or  a  true  copy  thereof,  shall 
be  filed  as  directed  in  this  section.  The  instruments  mentioned  Howandwhew 
in  this  section  shall  be  tiled  in  the  several  towns  and  cities  of 
this  State,  where  the  mortgagor  therein,  if  a  resident  of  this 
State,  shall  reside  at  the  time  of  the  execution  thereof;  and  if 
not  a  resident,  then  the  city  or  town  where  the  property  so  mort- 
gaged shall  be  at  the  time  of  the  execution  of  such  instrument. 
In  the  city  of  New  York  such  instrument  shall  be  filed  in  the 
office  of  the  register  of  said  city;  such  register  is  required  to  file 
all  such  instruments  aforesaid  presented  to  him  for  that  pur- 
pose, and  to  indorse  thereon  the  time  of  receiving  the  same,  and 
shall  deposit  the  same  in  his  office,  to  be  kept  there  for  the  in- 
spection of  all  persons  interested. 

?  1T."4.  Every  mortgage  filed  in  pursuance  of  the  preceding  c^p^'to?" 
section  shall  cease  to  be  valid  as  against  the  creditors  of  the  per-  ETei7Jrear 
son  making  the  same,  or  against  subsequent  purchasers  or 
mortgagees  in  good  faith,  after  the  expiration  of  one  year  from 
the  filing  thereof,  unless,  within  thirty  days  next  preceding  the 
expiration  of  the  said  term  of  one  year,  a  true  copy  of  such 
mortgage,  j;ogether  with  a  statement  exhibiting  the  interest  of 
the  mortgagee  in  the  property  thereby  claimed  by  him  by  vir- 
tue thereof,  shall  be  again  filed  in  the  office  of  the  clerk  or  reg- 
ister aforesaid  of  the  town  or  city  where  the  mortgagor  shnll 
then  reside. 

§  1755.  A  copy  of  any  such  original  instrument,  or  of  any  M** 
copy  thereof,  so  filed  as  aforesaid,  including  any  statement  reeved  in e 
made  in  pursuance  of  the  last  section,  certified  by  the  register 
in  whose  office  the  same  shall  be  filed,  shall  be  received  in  evi- 
dence, but  only  of  the  fact  that  such  instrument  or  copy  and 
statement  was  received  and  filed  according  to  the  indorsement 
of  the  register  thereon,  and  of  no  other  fact ;  and  in  all  cases  the 


evidence 


WILLS  DEPOSITED  WITH  THE  REGISTER. 


Id.  J5. 

MortKORes  to 
be  numbered 


Fees, 


title 


a  R.S.  cl«. 
a,  am,  04, 

(,'oiup.  1437. 

Papers  offered 
for  sar.'  kci-ji 


How  indorsed 
and  kept. 


3.R.  S.  ch.  7,  title 
a  ,«$65,66. 
Not  to  be  deliv- 
ered out.  etc. 


May  he  exam- 
ined publicly. 


Id.  S§67.  68. 
Wills  to  l>e 
received  for 
>afe  keeping 


Wills  to  be 
sealed  up.  etc. 


original  indorsement  by  the  register  upon  such  instrument  or 
copy  shall  he  received  in  e\  idenceonly  of  the  facts  stated  in  such 
indorsement. 

g  1750.  The  register  shall  ntimber  every  such  instrument  or 
copy  which  shall  he  filed  in  his  office,  and  shall  enter  in  hooks  to 
be  provided  by  him,  alphabetically,  the  names  of  all  the  parties 
to  such  instrument,  with  the  number  indorsed  thereon  opposite 
to  each  name,  which  entry  shall  he  repeated  alphabetically 
under  the  name  of  every  party  thereto. 

.s'  1757.  For  services  under  the  four  preceding  sections  the 
register  shall  be  entitled  to  receive  the  following  fees  :  For 
tiling  each  instrument  or  copy,  six  cents  ;  for  entering  the  same 
in  a  book  as  aforesaid,  six  cents  for  every  party  to  such  instru- 
ment ;  for  searching  for  each  paper,  six  cents,  and  the  like  fees 
for  certified  copies  of  such  instruments  or  copies  as  are  allowed 
by  law  to  clerks  of  counties  for  copies  and  certificates  of  records 
kept  by  them.  % 

;j  1758.  The  register,  upon  being  paid  the  fees  allowed  there- 
for by  law,  shall  receive  and  deposit  in  his  office  any  deeds,  con- 
veyances, wills,  or  other  papers  or  documents  which  any  person 
shall  offer  to  him  for  that  purpose,  and  shall  give  to  such  per- 
son a  written  receipt  therefor.  Such  instruments,  papers  and 
documents  shall  be  properly  indorsed,  so  as  to  indicate  their 
general  nature,  and  the  names  of  the  parties  thereto  shall  be 
filed  by  the  officer  receiving  the  same,  stating  the  time  when 
received,  and  shall  be  deposited  and  kept  by  him  and  his  succes- 
sors in  office,  with  his  official  papers,  in  some  place  separate  and 
distinct  from  such  papers. 

§  1759  The  instruments,  papers  and  documents  so  received  and 
deposited  shall  not  be  withdrawn  from  such  office,  except  on  the 
order  of  some  court  of  record,  for  the  purpose  of  being  read  in 
evidence  in  such  court,  and  then  to  be  returned  to  such  office:  nor 
<hall  they  be  delivered  without  such  order  to  any  person  unless 
upon  the  written  order  of  the  person  or  persons  who  deposited 
the  same,  or  their  executors  or  administrators.  Such  instru- 
ments, papers,  and  documents  so  deposited  shall  be  open  to  the 
examination  of  any  person  desiring  the  same,  upon  payment  of 
the  fees  allowed  by  law. 

§  1760.  The  register,  upon  being  paid  the  fees  allowed  there- 
for by  law,  shall  receive  and  deposit  in  his  office  any  last  will  or 
testament  which  any  person  shall  deliver  [to  him  for  that  pur- 
pose and  shall  give  a  written  receipt  therefor  to  the  person  de- 
positing the  same.  Such  will  shall  be  inclosed  in  a  seal  wrapper,  so 
that  the  contents  thereof  cannot  be  read,  and  shall  have  indorsed 
thereon  the  name  of  the  testator,  his  place  of  residence,  and  the 
day,  month,  and  year  when  delivered:  and  shall  not,  on  any  pre- 


ANMAI.  HKI'oUT  OK  KK<  ilsTKK. 


580 


text  whatever,  be  opened,  examined,  or  read  until  delivered  to 
a  person  entitled  to  the  sainc  as  hereinafter  directed. 

^  1701.  Such  will  shall  he  delivered  onlv  :  m 

I     —     n   .■   ,  .   a . -i     .  ..  To  whom  I.,  bC 

1.  lo  the  testator  in  person  ;  or.  delirerad 
■J.  Upon  his  written  order,  duly  proved  bj  the  oath  of  BUb 
scribing  witness  :  or, 

3.  After  his  death,  to  the  persons  named  in  the  indorsement 
on  tho  wrapper  of  such  will,  if  any  such  indorsement  he  made 
thereon  ;  or, 

4.  If  there  he  no  such  endorsement,  tothe  surrogate  of  the  - 
county. 

§1702.  The  register  shall  keep  in  his  office  a  book,  in  which  ^^.'ni-.*'' 
shall  be  entered  all  fees  charged  or  received  bv  him  for  official  wonntsor 

...  j»        a     •        j.i  .  .  fees  to  he  kept 

services,  the  tune  ot  rendering  the  same,  the  persons,  if  known  to 

•  ii  '  Toot  oj*-n  for 

him,  for  whom  the  same  were  rendered,  and  a  brief  statement  of   "  " 

the  nature  of  the  service  for  which  any  fee  is  charged  or  received. 
Such  books  shall  be  open  for  inspection  without  fee  or  reward, 
at  all  times  when  the  office  shall  be  open  for  the  transaction  of 
husiness. 

1703.  The  said  register  shall,  between  the  lirst  and  tenth  1,1 

,  _  _  .  L_       '    ,  .  Statement  to  be 

day  of  January  m  every  year,  make  and  transmit,  free  of  ex-  j;;,r\,.|;}^7,V 
pense,  to  the  secretary  of  State,  a  statenjent  which  shall  exhibit: 

I.  The  amount  of  all  fees  charged  or  received  by  him  for  re- 
cording deeds,  mortgages,  and  other  papers,  and  for  cert  ificates 
of  such  recording  ; 

ii  The  amount  of  all  fees  charged  or  received  by  him  for 
searching  the  files  and  records  of  his  office,  and  for  certificates  of 
such  searches  ; 

3.  The  amount  of  all  sums  charged  or  received  by  him  for 
services  rendered  for  the  county  ; 

4.  The  amount  of  all  sums  charged  or  received  by  him  for  all 
other  official  services  ; 

5.  Tho  sums  paid  I*-  him  for  assistance  in  the  performance  of  compfiMt 
his  official  duties,  and  the  names  of  the  persons  to  whom  the 

same  were  paid,  and  also  the  sums  paid  for  fuel,  lights,  and 
stationery  ;  and  other  expenses  incident  to  his  office,  with  the 
particular  items  thereof.  Such  statement  shall  embrace  the 
year  ending  on  the  thirty-first  day  of  December  next  preceding 
the  time  of  making  the  same.  To  every  such  statement,  the  huh 
affidavit  of  the  person  making  the  same,  that  the  facts  therein  bemromta0 
set  forth  are  true,  shall  be  annexed  or  subjoined  :  which  affidavit 
shall  be  sworn  to  before  some  officer  authorized  to  take  affidavits 
to  be  read  in  the  supreme  court. 

£  1704.  All  mortgages  heretofore  executed  on  premises  in  the  comp'iiw " s1" 
city  and  county  of  New  York  to  the  commissioners  for  loaning  Mortgagee 
certain  moneys  of  the  United  States,  pursuant  to  the  provisions  deposited. 


.-,!»<  i 


<  OKONKKS. 


i  Mice  of  <'.mi 
mlsslonors. 


Co.  Civ.  l'roc. 
!•,;;:;'! i  33(Xi. 

Fees  of 

register, 


of  the  act  authorizing  a  loan  of  certain  money*  belonging  to  tin- 
United  States,  deposited  with  the  people  of  the  State  of  New 
York  for  safe  keeping,  passed  April  fourth,  one  thousand  eight 
hundred  and  thirty-seven,  together  with  the  indexes  Delating 
thereto,  and  all  mortgages  hereafter  executed  on  premises  in 
said  city  and  county,  shall  he  deposited  in  the  otlice  of  the 
register  of  the  city  and  county  of  New  York,  and  shall  not  at 
any  time  he  removed  therefrom  unless  the  same  shall  have  been 
paid  and  fully  satisiied.  The  office  of  the  said  commissioners 
mentioned  in  the  forty-first  section  of  said  act  shall,  in  the  city 
and  county  of  New  York,  he  kept  at  the  office  of  the  l-egister  of 
the  city  and  county  of  New  York. 

§  1765.  The  register  is  entitled  to  the  following  fees,  for  any 
of  the  services  herein  specified  : 

Recording  any  instrument  which  must  or  may  be  recorded 
by  him,  ten  cents  for  each  folio. 

Filing  a  certificate  of  satisfaction,  or  other  satisfaction  piece 
of  a  mortgage;  and  entering  such  satisfaction,  twenty-five  cents. 

Entering  a  minute  of  a  mortgage  being  foreclosed,  ten  cents. 

Filing  and  entering  the  bond  of  a  collector  or  other  officer 
authorized  to  receive  taxes,  twelve  cents. 

Searching  for  such  bond,  six  cents. 

Filtering  satisfaction  thereof,  twelve  cent-. 

Filing  every  paper  deposited  with  him  for  sat ekceping.  six 
cents. 

Searching  for  every  such  paper  on  request,  three  cents  for 
each  paper  necessarily  opened  and  examined. 

Sealing  any  paper  when  required,  twelve  cents. 

Every  certificate,  other  than  that  a  paper,  for  the  copying  of 
which  he  is  entitled  to  a  fee,  is  a  copy,  twenty-five  cents. 

For  searching  and  certifying  the  title  to  and  incumbrance.s 
upon  real  property,  for  each  year  for  which  the  search  is  made, 
for  each  name,  and  each  kind  of  con\ieyance  or  lien,  five  cents. 

For  a  copy  of  a  paper  filed  in  his  office,  eight  cents  for  each 
folio. 


1852,  cb.  2*9,  §1. 
Comp.  1  HI, 
Four  coroners 
to  be  elected. 


1878,  ch.  256. 
Comp. 
Salary  of 
coroners,  and 
allowance  for 
expenses. 


Title  4 — The  Coroners  and  Inquests. 

$  1 76*>.  Four  coroners  shall  hereafter  be  elected  in  the  city 
and  county  of  New  Y'ork  in  the  same  manner  and  at  the  same 
general  election  as  sheriffs  :  hold  their  offices  for  the  same  term, 
and  be  removable  in  the  same  manner. 

£  I7e>7.  Each  of  the  coroners  shall  be  paid  in  full  satisfaction 
for  his  services  a  yearly  salary  of  five  thousand  dollars,  and 
shall  be  allowed  for  contingent  expenses,  including  clerk  and 
office  hire,  and  for  the  preservation  of  his  records  and  the  records 
of  the  board  of  coroners,  and  all  other  incidental  expenses,  a 


CORONERS  AM)  CORONERS'  PHY8H  LANS, 


591 


sum  nut  to  oxceed  tliree  thousand  dollars  per  annuin,  which  ton 

t indent  and  incidental  expenses  shall  he  audited  and  paid  as  the 

contingent  and  incidental  expenses  of  other  officers  of  said  city 

and  county  are  audited  and  paid  :  and  said  salary  and  allowance 

shall  he  in  lieu  of  all  his  fees  or  compensation  heretofore  a  charge 

upon  the  county  of.  New  York  or  the  mayor,  aldermen,  and 

commonalty  of  the  city  of  New  York. 

§  176S.  The  hoard  of  coroners  may  appoint  ;i  clerk,  who  shall  cSm^waS  ' 

receive  an  annual  salary  of  thirty-live  hundred  dollars  per  year  ",'kl" 

j  j  r     j  coroner* 

which  shall  he  a  county  charge,  and  payable  as  other  count  y  sal- 
aries are  paid. 

§  1769.  Each  coroner  of  said  city  shall,  on  assuming  office,  c^d?mm!  " 
appoint  a  qualified  physician,  who  shall  he  a  resident  in  said  city, 
and  shall  he  known  as  a  "coroner's  physician. Any  vacancy 
in  the  office  of  coroner's  physicians  shall  he  filled  by  the  hoard 
of  coroners.  The  hoard  of  coroners,  for  cause,  may  remove  the 
physicians  appointed  hy  them 

•j  1770.  It  shall  he  the  duty  of  the  hoard  of  estimate  and  ap-  '.'V 
portionment,  from  time  to  time,  as  it  may  determine,  to  fix  the 
salary  to  he  paid  to  the  physicians  appointed  as  in  the  preceding 
section  directed,  hut  the  salary  to  he  paid  to  each  of  said  physi- 
cians shall  not,  in  any  one  year,  exceed  the  sum  of  three  thou- 
sand dollars.  The  salaries  provided  for  in  the  preceding  sections 
of  this  title,  shall  he  paid  monthly  hy  the  mayor,  aldermen,  and 
commonalty. 

§  1771.  It  shall  he  lawful  for  the  several  coroners,  with  the  c^^i^1  u' 
w  ritten  consent  first  had  and  obtained  of  the  district  attorney  scientific  o* 
and  a  justice  of  the  supreme  court  within  said  citv  and  county,  mentor. By 

j  .        .  •  .  "  »  »  coroner. 

to  employ  any  scientific  expert,  engineer,  or  toxicologist  to  ex- 
amine the  body  of  any  person  who  shall  have  died  from  alleged 
criminal  violence,  or  by  casualty,  or  in  any  suspicious  or  unusual 
manner,  and  as  to  the  cause  of  whose  death  the  said  coroner 
shall  have  jurisdiction  to  inquire. 

^  1772.  Upon  the  certificate  of  such  employment  by  a  cor-  J?'** 

w  *•  •  Compensation 

oner,  with  the  written  consent  of  the  district  attorney  and  a  °f  expert 
justice  of  the  supreme  court,  as  aforesaid,  being  filed  with  the 
comptroller  of  said  city,  such  scientific  expert,  engineer,  or 
toxicologist  shall  be  entitled  to  recover  and  receive  as  a  proper 
claim  against  said  city,  just  and  reasonable  compensation  for  his 
services  rendered  in  the  matter  of  such  inquest  upon  the  request 
of  said  coroner  with  such  written  consent  as  aforesaid.  Such 
just  and  reasonable  condensation  shall  be  ascertained  and  certi- 
fied to  by  the  district  attorney,  justice  of  the  supreme  court,  and 
the  comptroller  of  said  city  ;  and  in  case  such  just  and  reason- 
able compensation  shall  not   be  so  certified  and  paid,  such 


<  OKONKRS-  INC»i;KS'JS. 


1871,  Oh.  >.■-•  HI, 
us  amende 
i«78,  ch.  aio,  in, 
Comp,  1481. 

1878,  Oh.  256,  J?, 

Comp.  1484. 
Coroner  may 
HubpoenA 
phvsiciuu . 
C  Dalv,  Ml, 


Testimony 
upon  [nquesl 


18; i,  oh.  Hi-.', 
Comp.  1481. 
.liir>',  whi  n  to 
ho  culled. 


1(1.  ?.'). 

Comp,  148S. 
Liability  to 
serve  on 
coroner's  Jury. 


18?!.  oh.  Wi,  J3. 
I  .•nil)  HOI. 
Deaths  from 
unusual  causes 
to  be  reported. 


1871,  ch.  402,  14, 
Penalty  for  dis- 
turbing dead 
body,  or  remov- 
ing clothing, 
etc. 


scientific  expert,  engineer,  or  toxicologic  shall  he  entitled  to 
maintain  his  proper  action  at  law  therefor  to  recover  the  same. 

§  1773.  When  in  the  city  of  New  York  any  person  shall  die 
from  criminal  violence,  or  by  a  casualty,  or  suddenly  when  in 
apparent  health;  or  when  unattended  by  a  physician,  or  in 
prison,  or  in  any  suspicions  or  unusual  manner,  the  coroner  shall 
subpoena  one  of  the  coroner's  physicians,  who  shall  view  the 
body  of  such  deceased  person,  externally,  or  make  an  autopsy 
thereon  as  may  be  required.  It  shall  be  the  duty  of  the 
physician  to  whom  such  subpo-na  is  so  issued  to  make  the  in- 
spection and  autopsy  required,  and  td  give  evidence  in  relation 
theroto  at  the  coroner's  inquest.  The  testimony  of  such  phy- 
sician, and  that  of  any  other  witnesses  that  the  coroner  may 
find  necessary,  shall  constitute  an  inquest. 

i  1774.  Should  the  coroner  deem  it  necessary,  he  may  call  a 
jury  to  assist  him  in  his  investigation,  or  should  any  citizen  de- 
mand that  a  jury  be  called,  he  shall  proceed  as  directed  by  part 
four,  title  seven,  article  one  of  the  Revised  Statutes.  Any 
citizen  of  this  State,  not  over  seventy  years  of  age,  and  being  at 
the  time  a  resident  of  the  county,  may  be  summoned  to  serve  as 
a  juror  upon  a  coroner's  inquest  ;  and  any  person  who  shall 
willfully  neglect  or  refuse  to  serve  as  such  juror  when  duly  sum- 
moned, shall,  upon  conviction,  be  adjudged  guilty  of  a  misde- 
meanor, and  shall  be  punished  by  imprisonment  in  the  county 
prison  not  exceeding  one  year,  or  by  a  fine  not  exceeding  five 
hundred  dollars,  or  by  both  such  fine  and  imprisonment. 

;j  177."..  It  shall  be  the  duty  of  any  citizen  who  may  become 
aware  of  the  death  of  a  person  who  shall  have  died  in  the  man- 
ner stated  in  the  last  section  but  one,  to  report  such  death  forth- 
with to  one  of  the  coroners,  or  to  any  police  officer,  and  such 
officer  shall,  without  delay,  notify  the  coroner  of  such  death  ; 
and  any  person  who  shall  willfully  neglect  or  refuse  to  report 
such  death  to  the  coroner,  shall,  upon  conviction,  be  adjudged 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  imprison- 
ment in  the  county  prison  not  exceeding  one  year,  or  by  a  fine 
not  exceeding  five  hundred  dollars,  or  by  both  such  fine  and  im- 
prisonment. 

§  1770.  Any  person,  except  the  coroner,  who  shall  willfully 
touch,  remove,  or  disturb  the  body  of  anyone  who  shall  have 
died  in  the  manner  described  in  the  last  section  but  two,  or  who 
shall  willfully  touch,  remove,  or  disturb  the  clothing,  or  any 
article  upon  or  near  such  bod}',  without  an  order  from  the 
coroner,  shall,  upon  conviction,  be  adjudged  guilty  of  a  misde- 
meanor, and  shall  be  punished  by  imprisonment  in  the  county 
prison  not  exceeding  one  year,  or  by  a  fine  not  exceeding  five 
hundred  dollars,  or  by  both  such  fine  and  imprisonment. 


CORONER'S  [NQUE8TS. 


593 


1777.  Each  of  the  coroners  shall  file  with  the  clerk  of  the  i8M,ch'.«J8,|s 
hoard  of  coroners,  in  all  cases  that  may  come  hefore  him,  an  ni.'' m 
abstract  of  the  testimony  taken  by  him,  and  a  copy  of  the  verdict 
rendered  by  the  jury;  and  the  clerk  of  said  board  shall  keep  the 
same  on  file  until  it  is  tinned  over  to  the  hoard  of  health  and  a 
receipt  taken  therefor,  except  in  the  case  of  a  homicide,  in  which 
case  he  shall  transmit  the  same,  without  delay,  to  the  district 
attorney  of  the  city  and  county  of  New  York. 

§  177S.  The  hoard  of  coroners  shall  direct  a  book  to  be  kept  Jj1- 
which  shall  contain  the  name,  if  known,  of  every  deceased  person  ">"'ts  t<>  k.-.-,, 

records  of 

reported,  under  existing  laws,  at  the  office  of  the  hoard  of  names, etc., of 

e  •  i  11  1111  deceased  per- 

coroners,  or  to  any  of  its  members,  the  place  where  the  body  was  *°na- 
found,  and  the  name  of  the  coroner  who  assumed  charge  of  the 
case;  also  a  book  which  shall  contain  tho  name  of  the  deceased, 
when  known,  the  date  w  hen  and  the  place  where  tho  inquest 
was  held,  the  findings  in  full  of  the  jury,  and  the  date  of  death; 
also  an  index  to  such  books,  and  to  all  inquisition  papers,  which 
shall  contain,  in  alphabetical  order,  tho  names  of  deceased  per- 
sons upon  whom  inquests  have  been  held,  the  date  of  the  in- 
quests, the  cause  of  death,  tho  name  of  the  coroner  holding  said 
inquest,  and  such  other  references  as  maybe  necessary  to  enable 
public  officers,  or  parties  interested,  to  examine  fully  the  records 
•  >f  the  coroner's  office  for  legal  purposes;  and  such  books  and 
records  shall  be  kept  at  the  office  of  the  board  of  coroners,  except 
as  in  the  last  section  otherwise  provided,  and  shall  be  the  prop- 
erty of  the  mayor,  aldermen,  and  commonalty  of  the  city  and 
county  of  New  York. 

§  1779.  If  all  the  coroners  be  absent,  or  be  unable,  for  any  Jf81..**-^^89- 

°  ,  ■  "    Police  justices 

cause  to  attend,  their  duties  so  far  as  they  relate  to  holding  in-  JjJJjjB^JSJL 
quests  and  their  action  thereon  and  consequent  thereupon,  may  £J^||£flnehto 
be  performed  by  a  police  justice,  but  by  no  other  officer,  with 
the  same  authority,  and  subject  to  the  same  obligations  and 
penalties  as  apply  to  the  coroners. 


5H        TIIK  AKBITKATOK  OF  THK  CHAMBER  OF.COMMKUCK. 


CHAPTER  XX IJ. 
Tnk  Court  of  Arbitration. 


1874,  ch.  >«. 
Comp.  1373. 
Arbitrator,  hiu 
appointment. 


Salary. 

isrs,  ch.  in: 

Comp.  137". 
Arbitrator, 
term  of  ofnCC 
und  removal  o( 


Official  oath. 


ltl.  ^3, 

Power  to  ad- 
minister oaths 
etc. 


187-1.  ch.  $6, 
Comp.  1376. 


§  178u.  The  governor  shall  nominate  and,  by  and  with  the 
consent  of  the  senate,  appoint  an  experienced,  suitable,  and 
competent  person  as  arbitrator,  to  be  known  as  the  arbitrator  of 
the  chamber  of  commerce  of  the  State  of  New  York,  to  have 
and  perform  the  functions,  duties,  and  powers  provided  for  in 
this  chapter  in  connection  with  his  said  office;  and  the  salary  of 
said  arbitrator  shall  be  fixed  and  paid  by  the  said  chamber  of 
commerce.  The  arbitrator  holds  office  during  good  behavior, 
and  may  bo  removed  by  the  governor  if,  upon  due  notice,  and 
after  a  hearing,  lie  is  found  guilty  by  the  governor  of  mal- 
feasance, misfeasance,  or  continued  non-feasance  in  office.  The 
expression  "official  arbitrator,"  as  used  in  this  chapter,  refers  to 
the  officer  designated  in  this  section.  In  case  of  the  resignation, 
removal,  or  death  of  such  official  arbitrator,  his  successor  must 
be  nominated  and  appointed  by  the  governor,  with  the  advice 
and  consent  of  the  senate,  and  commissioned  by  the  governor. 
Every  such  official  arbitrator  appointed  after  this  chapter  takes 
effect,  must  file  with  the  secretary  of  State  the  constitutional 
oath  of  office.  Unless  he  files  his  oath  of  office  within  ten  days 
after  his  confirmation  by  the  senate,  he  is  deemed  to  have  de- 
clined the  office. 

§  1781.  The  official  arbitrator  has  power  to  administer  oaths 
and  affirmation  to  be  used  before  any  court  or  officer;  to  take 
the  proof  and  acknowledgment  of  any  charter  party,  marine 
protest,  contract,  or  other  written  instrument;  and  to  require 
any  witness  to  appear  and  testify  before  him,  or  the  said  court 
of  arbitration,  or  before  the  board  of  arbitrators  hereinafter  pro- 
vided for  in  maters  pending  in  said  court.  He  must  adopt  and 
promulgate  short  and  simple  rules  to  be  observed  in  proceedings 
taken  as  prescribed  in  this  chapter,  and  he  has  power  to  do  and 
order  whatever  may  be  necessary  to  carry  out  the  provisions  of 
this  chapter. 

§  1782.  The  sittings  and  business  of  the  said  arbitrator  and 
board  shall  lie  had  and  conducted,  and  the  office  of  the  said 
clerk  shall  be  in  a  building  or  room  provided  by  the  said  cham- 
ber of  commerce  at  its  own  proper  expense  and  charges.  The 
salary  of  said  clerk  shall  be  fixed  and  paid  by  the  chamber  of 
commerce. 


Jl  HIsniCTION  OF  COL'KT  OF 


ARBITH  \TloN. 


595 


,^  1  Ts:;.  Said  chamber  of  commerce  shall  provide  proper  and  IP7* H**  Wi 

.  Ill  Comp.  1378. 

convenient  furniture,  togother  with  attendants,  fuel,  lights,  and  Pumitare, etc 
stationery  suitable  and  sufficient  for  tbe  transaction  of  the  busi- 
ness of  said  court,  and  such  expenses  shall  be  borne  by  said 
chamber  at  its  own  proper  cost  and  charges. 

%  17S4.  The  clerk  of  the  said  court  of  arbitration  is  known  as  §|^jj:  1878 
the  arbitration  clerk,  and  holds  oflice  during  the  pleasure  of  said  Clerk 
chamber.  In  case  of  his  death,  resignation,  or  removal,  the 
said  chamber  of  commerce  must  elect  his  successor.  The  gov- 
ernor must  appoint  and  commission  the  person  so  elected;  but 
before  such  commission  can  be  issued,  the  person  so  eleoted 
must  file  in  the  office  of  the  secretary  of  State  an  official  oath  to 
tho  same  effect  as  the  constitutional  oath  of  office.  Unless  ho 
files  such  oath  within  ten  days  after  his  election,  he  is  deemed 
to  have  declined  the  oflice.  The  said  chamber  of  commerce 
may  authorize  the  arbitration  clerk  to  appoint  one  or  more  as- 
sistants, and  provide  for  their  compensation. 

^  17S5.  The  arbitration  clerk  must  safely  and  correctly  keep  oSm^m ,J 5' 
all  the  minutes,  documents,  records,  books  and  other  papers,  Clerk- dutles of- 
and  effects  of  the  official  arbitrator  and  of  the  said  court  of  ar- 
bitration, and  relating  to  the  arbitration  for  which  this  chapter 
provides.   Any  person  who  steals,  mutilates,  or  alters  any  book,  stealing  or 

'  *  r  lit  mutilation  of 

record  or  paper  tiled  with  or  kept  by  the  arbitration  clerk,  is  book!i' ctc- 
guilty  of  the  same  offense  and  is  punishable  therefor  in  the 
same  manner  as  if  such  act  was  committed  with  respect  to  a 
record  kept,  as  prescribed  by  law,  in  the  office  of  the  clerk  of  the 
county  of  New  York. 

§  1786.  The  seal  now  in  use  by  the  official  arbitrator  shall  coJip.  i3rs. 
continue  to  be  the  seal  of  his  office  and  of  said  court.    Any  omciaueai. 
award  or  order  made  pursuant  to  this  chapter,  or  any  certified 
copy  thereof,  must  be  authenticated  by  such  seal.    If  the  seal 
now  in  use  is  lost,  injured,  or  destroyed,  the  official  arbitrator 
must  cause  a  new  seal  to  be  made,  which  shall  thereupon  be- 
come such  official  seal.   In  all  courts  and  places  any  instrument  e0rmph13^1 
sealed  with  such  seal  and  signed  by  the  said  arbitrator  shall  be  re- 
ceived as  prima  facie  evidence  of  the  existence  of  such  award  or 
order,  and  of  the  contents  theieof,  and  shall  have  the  same  force 
and  effect  as  the  original  thereof. 

§  17S7.  Upon  the  application  of  the  parties  interested,  or  their  ^p'1,^5,  iX 
representatives,  tho  official  arbitrator  must  interpret  or  construe  interpretation 
any  oral  or  written  contract,  pertaining  to  any  matter,  which  '  cs' 
might  be  the  subject  of  arbitration  under  the  provisions  of  this 
chapter;  and  be  must,  if  required  by  either  party,  make  a  writ- 
ten award  thereupon. 

<j  17SS.  The  parties  to  any  controversy,  dispute,  or  matter  of  IJ  $10- 

,.~  .  .  ,    .  .     „  „     .  Submission  cf 

difference,  arising  or  heme;  within  the  port  of  .New  York,  or  re-  controversy. 


I'KOC'KDURK  IN  COl.'KT  OK  ARBITRATION. 


Id. 

Application  or 
Kiibmission, 
how  made. 


1  in  mod  In  to 
hixirlng. 


18i5,  cli.  195, 

{IS,  Comp.  i3?y. 
Jurisdiction. 


Id.  §13. 

Requisition  to 
appear  before 
the  court. 


lating  to  a  subject  matter  situate  or  coining  within  that  port,  as 
the  collection  district  of  that  port  is  established  and  limited  by 
the  act  of  congress  of  the  United  States  of  America,  approved 
March  second,  seventeen  hundred  and  ninety-nine,  may  volun 
tarily  submit  the  same  to  the  said  court  of  arbitration  of  the 
chamber  of  commerce,  by  written  submission  or  by  personal  ap- 
pearance in  said  court,  and  in  oral  submission  as  hereinafter 
mentioned. 

|5  1TS0.  An  application  to  interpret  and  construe  a  contract, 
as  prescribed  in  the  last  section  but  one,  and  a  voluntary  sub- 
mission as  prescribed  in  the  last  section,  may  be  made  in  either 
of  the  following  methods: 

1.  By  filing  with  the  arbitration  clerk  a  written  instrument 
containing  such  application  or  submission  executed  by  the  par- 
ties and  acknowledged  or  proved  before  the  clerk  of  said  court, 
or  before  any  other  officer  authorized  to  take  acknowledgment 
of  a  deed  to  be  recorded  in  the  county  of  New  York. 

2.  By  the  voluntary  appearance  of  the  parties  before  the  offi- 
cial arbitrator,  which,  together  with  the  substance  of  any  oral 
submission  made  by  them,  must  be  entered  in  the  minutes. 
Upon  making  such  an  application  or  submission,  if  both  parties 
request  an  immediate  hearing,  the  official  arbitrator  must  grant 
;m  immediate  hearing  accordingly,  or  a  speedy  hearing  where 
the  state  of  the  business  before  him  will  allow  him  to  do  so.  In 
either  case,  one  member  of  a  firm  or  partnership,  or  their  attor- 
ney in  fact,  may  make  such  execution,  acknowledgement,  ap- 
pearance, or  submission  for  and  on  behalf  of  all  the  members  of 
such  firm  or  partnership. 

§  1790.  The  said  court  of  arbitration,  in  addition  to  the  juris- 
diction above  conferred,  has  power  to  determine,  in  the  manner 
prescribed  in  this  chapter,  any  controversy,  dispute,  or  matter 
of  difference,  upon  any  mercantile  or  commercial  subject,  where 
all  the  parties  thereto  arc  regularly  elected  members  of  the  said 
chamber.  For  the  purposes  of  this  section  it  shall  be  sufficient, 
where  firms  or  partnerships  are  concerned,  that  one  co-partner 
therein  is  such  member  of  said  chamber. 

§  1791.  In  a  case  specified  in  the  last  section,  either  party 
may  serve  personally  upon  the  adverse  party  or  one  of  two  or 
more  adverse  parties,  jointly  interested  in  the  subject-matter 
of  difference,  a  written  requisition  directed  to  the  adverse  party 
or  parties,  requiring  him  or  them  to  appear  before  the  court  of 
arbitration  of  the  chamber  of  commerce  of  the  State  of  New 
York,  for  the  settlement  of  such  controversy,  dispute,  or  mat- 
ter of  difference  at  a  place,  and  on  a  day  and  at  an  hour  named 
in  the  requisition,  not  less  than  two  or  more  than  five  days  after 
the  personal  service  of  the  same. 


PROCKDURK  IN  COURT  OI'  A  Rill  IK  All1  'N . 


.v.»: 


£  1792.  A  requisition  may  be  served,  ami  proof  of  the  service  '.l  M'11i' 
thereof  mav  be  made  in  like  manner,  as  where  a  summons  issued  Requunion. 

1  •      • I  J.  1        K'TVlw  Of. 

out  of  the  supreme  court  m  a  civil  action  is  personally  served, 

and  proof  of  said  service  is  made.    The  requisition  shall  he  filed 

with  the  arbitration  clerk  any  time  before  the  expiration  of  one 

hour  after  the  same  is  returnable. 

g  170:5.  Either  partv  to  the  controversy,  dispute,  or  matterof 
.„                                  .       ,    .        .               ,.        -         .  Additional  in- 
difference ma}',  at  anytime  before  the  expiration  ot  one  hour  i.itmtor.  nr> 
....                i                   •         i   r  Dolntntontof, 

after  the  requisition  is  returnable,  or  within  such  further  time 
as  may  be  allowed  by  the  official  arbitrator  or  prescribed  in  the 
rules  established  by  him.  appoint,  in  wilting,  ano  person,  to  sit 
with  the  official  arbitrator,  to  bear  and  determine  the  matter. 
If  neither  party  appoints  an  additional  arbitrator  as  aforesaid, 
all  the  parties  are  deemed  to  have  waived  their  right  to  do  so  ; 
and  the  matter  must  be  determined  by  the  otlicial  arbitrator.  If 
there  are  two  or  more  parties  on  the  same  side,  and  they  appoint 
different  persons  or  arbitrators,  or  do  not  agree  on  one  person, 
they  are  regarded  as  having  failed  to  make  any  appointment. 
Upon  a  failure  of  a  party  to  appoint  an  additional  arbitrator, 
where  the  adverse  party  has  appointed  one,  the  official  arbitrator 
must  appoint  a  disinterested  person,  not  of  kin  to  either  party, 
to  sit  as  a  member  of  the  board  of  arbitration  ;  and  the  matter 
must  proceed  as  if  the  party  in  default  had  appointed  such  per- 
son as  additional  arbitrator.  An  appointment  of  an  additional 
arbitrator  is  not  complete  unless  it  is  filed  with  the  arbitration 
clerk. 

1704.  Where  the  parties  to  a  controversy,  dispute,  or  mat- 
ter  of  difference,  voluntarily  submit  the  same  to  the  arbitration  if'i^'ni^M 
of  the  said  court  of  arbitration,  either  of  them  may,  at  the  time 
of  filing  the  written  submission  or  voluntarily  appearing  to  sub- 
mit the  same,  or  within  such  time  as  may  be  allowed  by  the 
official  arbitrator,  or  prescribed  by  the  rules  established  by  him, 
appoint  a  person  to  sit  with  the  official  arbitrator,  to  hear  and 
determine  the  matter.  The  mode  of  so  doing,  the  proceedings 
to  be  taken  in  behalf  of  the  other  party,  and  the  consequences  of 
a  failure  of  either  or  both  of  them  to  make  such  appointment, 
or  of  an  appointment  of  different  persons  by  two  or  more  parties 
on  the  same  side,  are  the  same  as  prescribed  in  the  last  section, 
in  a  case  where  a  requisition  has  been  issued. 

§  1795.  If  the  additional  arbitrator,  appointed  by  either  partv,  iws,  <-i.  a*. 

°  J  r        {17,  Comp.  1380. 

fails  to  appear  at  the  time  set  for  the  hearing,  without  proof  of  Failure  of  j*t 
the  existence  of  a  good  reason  for  such  failure,  and  that  it  is  of  t'onpi^r010*1 
a  temporary  nature,  made  by  the  party  appointing  him,  to  the 
satisfaction  of  the  official  arbitrator,  his  appointment  mustthere- 
upon  be  declared  to  be  vacated,  and  the  same  party  must  forth- 
with appoint  another  person  to  act  in  his  place.    Upon  failure 


r>98 


I'KOC'EW'KK  IN  COURT  Ol    AIM'.  ITU  ATI  ON. 


M.  SIM. 
Comp.  1381. 
Oath  of  addi- 
tlonnl  niliitm 
tor. 


Id, 

Hoard  of  arl>i 
tratlon,  how 

constituted. 


id.  sao. 

Further  evi- 
dence. 


( vHiimlKsion  to 
take  testimony. 


Id.  $31. 
Award. 


Id.  §«. 
Rehearing, 
order  directing. 


so  to  do,  or  failure  of  the  person  so  appointed  to  appear  then,  or 
at  the  time,  *if  any.  to  which  the  official  arbitrator  adjourns  the 
hearing,  the  official  arbitrator  must  appoint  a  disinterested  poi- 
son, not  of  kin  to  cither  party,  to  act  in  his  place. 

5$  179G.  Each  of  the  persons  appointed  as  additional  arbitra- 
tors,  by  or  for  the  respective  parties,  must  subscribe  and  take 
before  the  official  arbitrators  an  oath,  honestly,  truly,  and  fairly 
to  hear  and  determine  the  matters  thus  submitted  to  the  arbitra 
tors.  The  oaths  so  taken  must  be  filed  with  the  award.  The 
official  arbitrator  need  not  be  sworn  in  the  particular  case. 

§  1797.  Where  additional  arbitrators  are  appointed  and 
SWOfn,  as  prescribed  in  the  last  four  sections,  they  and  the  offi- 
cial arbitrator  constitute  the  board  of  arbitration  to  determine 
the  controversy,  dispute,  or  other  matter  of  difference,  and  they 
must  all  sit  in  the  matter,  and  the  order,  award,  and  decision  Of 
any  two  of  them  shall  be  the  judgment  of  the  said  court  of  ar- 
bitration. 

§  1798.  The  official  arbitrator,  or  where  the  hearing  is  before 
a  board  of  arbitration,  the  majority  of  the  board  may,  after 
hearing  the  allegations  and  testimony  of  the  respective  parties, 
or  of  those  parties  who  desire  tr>  testify,  and  upon  notice  to  both 
parties,  direct  that  further  evidence  be  taken  if  he  or  they  deem 
further  evidence  necessary  to  enable  justice  to  be  done  between 
the  parties.  A  witness  is  entitled  to  the  same  fees  as  in  an 
action  in  a  court  of  record.  A  commission  to  take  testimony 
without  the  State  may  be  allowed  by  the  official  arbitrator,  and 
issued  in  the  same  manner  and  with  the  same  effect  as  in  an 
action  brought  in  a  court  of  record.  The  hearing  may  be  from 
time  to  time  adjourned  upon  the  application  of  either  party  and 
reasonable  cause  shown  to  the  satisfaction  of  the  official  arbitra- 
tor, or  where  the  hearing  is  before  a  board  of  arbitration,  to  the 
satisfaction  of  a  majority  thereof. 

§  1799.  Within  ten  days  after  the  final  hearing,  the  official 
arbitrator,  or  the  board  of  arbitration,  or  majority  thereof,  as 
the  case  requires,  must  make  and  file  with  the  arbitration 
clerk  a  written  award,  under  his  or  their  hands,  stating  his  or 
their  decision  for  the  settlement  of  the  controversy,  dispute,  or 
matter  of  difference,  heard  and  determined  by  him  or  them. 

§  1800.  Instead  of  making  an  order  to  fulfill  the  award,  the 
official  arbitrator  may,  for  good  cause  shown,  upon  notice  to 
and  after  hearing  the  parties,  make  an  order  directing  that  the 
controversy,  dispute,  or  other  matter  of  difference  be  heard 
again,  either  before  the  same  court  or  before  another  board  of 
arbitration  appointed  as  prescribed  in  this  chapter  upon  the  first 
hearing.  But  the  party  applying  for  such  rehearing  must  give 
security  in  such  amount  and  form  as  shall  be  approved  by  the 


ri:ou:i>rnK  in  conn'  <>v  akhitkation. 


official  arbitrator,  for  the  payment  of  all  the  costs  and  expenses 
of  the  other  party  or  parties  incident  to  silch  rehearing,  and  for 
the  payment  or  performance  of  any  award  which  may  he  ren- 
dered against  any  parly  so  applying,  and  of  any  judgment 
which  may  he  entered  thereon.  I'pon  the  rehearing  the  pro- 
ceedings must  be  the  same  as  upon  the  fast  hearing,  and  the 
provisions  of  this  chapter  relating  to  the  first  hearing,  the 
award,  the  order,  and  the  subsequent  proceedings  thereon,  apph 
similarly  to  the  rehearing. 

{J  18(il.  The  final  award,  the  order  to  enforce  the  same,  and  ,'„,,','',.. 
the  judgment  to  be  entered  thereupon,  may  be  vacated  for  fraud,  Final  ward, 
collusion,  or  corruption;  but  not  for  any  other  cause.  Unless 
it  is  so  vacated,  the  award  is  binding  and  conclusive  upon  all 
parties  thereto,  and  effects  a  final  settlement  of  the  controversy, 
dispute  Off  matter  of  difference  submitted  or  tried  as  prescribed 
in  this  chapter.  It  must  be  upheld  and  sustained  accordingly  in 
all  the  courts  of  the  State. 

§  1802.  If  the  award  construes  any  contract  or  requires  either  comp.'iaaa 
party  or  both  parties  to  do  or  forbear  doing  a  particular  act  or  ^SSSU^' 
acts,  or  to  pay  a  sum  of  money,  the  official  arbitrator  must,  at  a,vard 
the  request  of  either  party,  make  an  order  reciting  the  pro- 
visions of  the  award,  and  directing  the  fulfillment  thereof  by 
the  party  or  parties  requied  to  fulfill  the  same.  The  order  must, 
at  the  instance  of  either  party,  be  filed  in  the  office  of  the  clerk 
of  the  county  of  New  York,  who  must  enter  the  same,  upon 
being  paid  his  fees  therefor.  If  the  order  requires  the  payment  j^*^ 
of  a  sum  of  money,  or  the  delivery  of  any  property,  either 
party  may,  upon  filing  the  same,  require  the  clerk  of  said  county 
to  enter  thereupon  a  judgment  of  the  said  arbitration  court 
against  the  party  or  parties  required  to  pay  such  sum  of  money, 
or  deliver  any  property,  and  in  favor  of  the  party  or  parties  to 
whom  it  should  be  paid  or  delivered.  The  judgment  must  be 
entered  and  docketed  accordingly,  in  the  manner  prescribed  by 
law  for  entering  and  docketing  a  judgment  of  the  supreme 
court  in  a  civil  action,  and  transcripts  may  be  filed  with  other 
clerks  in  like  manner  as  if  a  judgment  in  a  civil  action.  Such 
judgment  has  the  same  force  and  effect  as  a  judgment  of  the 
supreme  court  of  similar  purport  in  a  civil  action,  and  it  must 
be  enforced  in  the  same  manner  and  by  the  same  process  and 
officers,  and  it  may  be  satisfied  of  record  and  discharged  in  like 
manner  as  a  judgment  of  the  supreme  court  in  a  civil  action. 

§  1803.  No  costs  except  as  hereinafter    specified   shall  be  kljs 
allowed  to  either  party  in  any  proceedings  taken  as  prescribed 
in  this  chapter,  and  except  where  a  rehearing  is  granted,  in 
which  case  the  official  arbitrator  may,  or,  if  the  rehearing  is 
before  a  board  of  arbitration,  the  board,  or  a  majority  thereof, 


Costs. 


000  LIMITATIONS  TO  JURISDIC  TION  OF  COURT  OF  ARBITRATION. 


Id.  |90. 

BVUM  s\\  earing. 


1875,  ch.  486, 
$•£7,  Comp.  138'-'. 
Where  contro- 
versy has  been 
submitted,  no 
action  to  bo 
brought. 


M.  j28, 
Comp.  1383. 
Jurisdiction. 


1874,  eh.  278,  j: 
Comp.  1377. 


may,  in  the  award,  require  cither  party  to  pay  the  other  a  fixed 
sum  for  his  costs  and  expenses. 

§  1804.  False  swearing  upon  the  hearing  hefore  the  arbitra 
tor,  said  court  of  arhitration,  or  hoard  of  arhitration,  or,  in  tin- 
course  of  any  proceeding  taken  as  prescrihed  in  this  chapter,  is 
willful  perjury,  in  a  case  where  such  false  swearing  would  he 
willful  perjury  upon  the  trial  of  a  civil  action  hrought  in  the  su- 
preme court,  or  in  the  course  of  any  proceeding  taken  in  such 
action;  and  the  person  guilty  thereof  may  he  indicted  and  pun 
ished  accordingly. 

§180.5.  Where  any  controversy,  dispute,  or  matter  of  differ- 
ence, or  the  interpretation  or  construction  of  any  contract  has 
heen  submitted  to  or  hrought  within  the  jurisdiction  of  the  said 
court  of  arhitration,  as  prescrihed  in  this  chapter,  no  action 
or  special  proceeding  relating  to  the  same  matter  shall  be 
brought  in  any  other  court  of  the  State,  between  the  same  par- 
ties or  their  representatives  or  assigns,  until  after  the  final 
award  thereupon:  and  if  any  such  action  or  special  proceeding 
is  pending  at  the  time  of  the  submission,  the  same  must  be  dis- 
missed or  discontinued,  or  the  proceedings  therein  must  be 
stayed,  as  the  case  requires.  The  official  arbitrator,  or  the 
board  of  arbitration,  as  the  rase  may  be,  constitute  the  said 
court  of  arbitration. 

§  1806.  Nothing  contained  in  this  chapter  is  to  be  so  con- 
strued as  to  give  any  jurisdiction  to  the  said  court  of  arbitration 
of  the  chamber  of  commerce  of  the  State  of  New  York,  or  to 
the  official  arbitrator  or  board  of  arbitration,  except  upon  the 
voluntary  submission,  waiver  or  election  of  the  parties,  or  non- 
attendance  pursuant  to  a  requisition,  as  prescribed  in  this  chap 
ter;  or  to  permit  any  infant,  married  woman,  or  person  inca 
pable  of  managing  his  affairs  by  reasons  of  lunacy,  idiocy,  un- 
soundness of  mind,  or  habitual  drunkenness,  to  be  brought 
before  the  official  arbitrator,  or  the  board  of  arbitration,  as  a 
party;  or  to  apply  to  any  matter  pertaining  to  a  fee  or  life  ten- 
ancy in  real  property,  nor  shall  any  cause  or  matter  submitted 
to  the  arbitrator  or  board,  as  provided  in  this  chapter,  be  subject 
to  removal  by  or  to  the  jurisdiction  of  any  of  the  courts  of  this 
State,  except  as  herein  provided;  nor  shall  this  chapter  apply  to 
any  cause  or  matter  which  shall  be  pending  in  any  of  the  courts 
of  this  State,  or  before  any  arbitration  committee  established  by 
law,  previous  to  the  service  of  the  summons,  as  provided  in  this 
chapter. 


FILING  CLAIM  OF  MFCIIANIC'S  LI  FN. 


COl 


CHAPTER  XXIII. 
Mechanics'  Liens. 

Title  1. — Liens  against  Private  Property. 
$  1S07.  Any  person  or  persons  who  shall,  after  the  twenty-  i*8*. <?»«■<*. i«- 

•    iii  /•■»«■  ■  ,  ,  ,  T-ii         ...  Persons  doiujt 

eighth  dav  of  Mav,  eighteen  hundred  and  eightv,  either  as  con-  wor*.ttc.,to 

0  _    "  have  Hen. 

tractor,  suh-contractor,  or  in  any  capacit}',  undemrin  pursuance 
of,  or  in  conformity  with,  any  contract,  agreement,  or  employ- 
ment hy  the  owner,  lessee,  or  person  in  possession  of  any  land 
in  any  of  the  cities  of  the  State  of  Xew  York,  perform  any  work, 
lahor,  or  services,  or  furnish  any  materials  towards  the  erection, 
altering,  or  repairing  of  any  house,  vault,  wharf,  fence,  or  any 
other  structure,  or  in  grading,  filling  in,  excavating,  or  laying 
walks  on  any  lots  of  land  in  the  cities  of  the  State  of  Xew 
York,  shall,  upon  tiling  the  notice  prescrihed  in  the  second  sec-  ,u^,loetobB 
tion  of  this  act,  have  a  lien  for  the  price  or  value  of  such  work, 
labor,  services,  and  materials  upon  such  house,  vault,  wharf, 
fence,  or  other  structure,  and  appurtenances,  and  the  lot  upon 
which  said  grading  or  excavating  is  done,  or  walk  laid,  to  the 
extent  of  the  right,  title,  and  interest  of  the  said  owner,  lessee, 
or  person  in  possession  of  said  house,  vault,  wharf,  fence  or 
other  structure,  and  appurtenances,  and  the  land  upon  which 
the  same  stand  at  the  time  of  the  filing  of  the  notice  of  claim  in 
the  second  section  of  this  act  specified,  or  the  successors  in  inter- 
est of  such  owner,  lessee,  or  person  so  in  possession  taking  with 
notice  of  said  lien. 

§  1S08.  The  liens  provided  for  in  "this  title  shall  he  preferred  [^^Jj?,H 
to  any  lien,  mortgage,  or  other  incumbrance  of  which  the  lien-  ?*ru"Chn  aoo,  §1 . 
holder  had  no  notice,  and  which  was  unrecorded  at  the  time  of  Preferred  liena 
the  filing  of  the  claim  referred  to  in  the  next  section,  and  said 
liens  shall  take  precedence  over  any  lien  taken  by  the  original 
contractor;  and  the  liens  of  laborers,  mechanics,  or  persons 
furnishing  materials  to  any  contractor  or  sub-contractor  shall 
take  precedence  over  any  lien  taken  by  any  contractor  or  sub- 
contractor indebted  to  them.    Where  an  owner  of  land  contracts  isso.ch .it 
with  a  builder  for  the  sale  of  lots  and  the  erection  of  buildings  uTu°r'ty  of 
thereon,  and  agrees  to  advance  moneys  toward  the  erection  of 
such  buildings  thereon,  and  agrees  to  advance  moneys  toward 
the  erection  of  such  buildings,  the  lien  hereinbefore  authorized 
shall  have  priority  to  all  advances  made  after  the  filing  of  said 


002  FILING  CLAIM  OF  MECHANICS  LEEK. 


tui  ii 


To  be  rerifled. 


notices  of  lien.  And  the  lien  shall  attach  to  the  right,  title,  and 
interest  of  the  own^r  in  said  huilding  and  land  to  the  extent  of 
all  advances  which  shall  have  hecome  due  after  the  filing  of  such 
lien,  and  shall  also  attach  to  and  he  a  lien  on  the  right,  title, 
and  interest  of  the  person  so  agreeing  to  purchase  said  land  at 
the  timo  of  the  filing  of  said  notices  of  lien, 
wien  notice  to  §  ]S0°-  At  anytime  before  or  within  thirty  days  after  the 
wh2tto©SS  completion  of  the  erection,  altering,  or  repairing  of  any  house, 
vault,  wharf,  fence,  or  structure,  or  grading,  filing  in,  excavat- 
ing, or  laying  walks  <>n  any  lot  of  land  in  the  said  cities  of  the 
State  of  New  York,  the  persons  so  performing  such  work,  labor, 
or  services,  or  furnishing  such  materials,  may  file  with  the  clerk 
of  the  county  where  the  land  or  premises  are  situated,  a  notice 
in  writing  stating  his  or  their  residences,  theamountof  theclaim, 
from  whom  due,  and  if  not  due  when  it  will  be  due,  the  person 
or  persons  against  w lion  1  the  claim  is  made,  the  name  of  the 
owner,  lessee,  or  person  in  possession  of  the  building  (against 
whose  interest  a  lien  is  claimed) ;  but  the  failure  to  state  the 
name  of  the  tru<>  owner,  lessee,  or  person  in  possession,  shall  not 
impair  the  validity  of  the  lien  ;  also  a  brief  descriptionof  the  build 
ings  or  premises  sufficient  to  identify  the  lands  or  premises  against 
whieh  the  lien  is  claimed.  The  said  notice  of  lien  shall  be  veri- 
fied by  the  person  or  persons  making  the  claim,  or  his  or  their 
agent,  or  any  other  person,  to  the  effect  that  the  statements 
therein  contained  are  true,  to  the  best  of  his  or  their  knowledge, 
may  be  niedena  information  and  belief.    Successive  liens  may  be  filed  for  work. 

labor,  services,  and  materials  done  and  furnished  under  one  con- 
tract oremployment ;  but  the  filingof  any  such  lienor  liens  shall 
•  not  entitle  the  person  so  filing  the  same  to  recover  judgment  for 
the  amount  of  such  lien  or  liens  unless  he  shall  be  entitled  to  re- 
ceive payment  by  the  terms  of  the  contract,  or  agreement,  or 
employment ;  and  in  case  of  sub-contractors,  or  persons  doing 
work  or  furnishing  materials  to  contractors,  no  judgment  shall  be 
rendered  for  any  greater  amount  than  the  amount  which  shall 
be  due  from  the  owner  to  the  contractor  at  the  time  of  the  filing 
of  the  lien,  or  which  may  become  due  afterward,  or  which,  by 
the  terms  of  the  contract  or  agi-eement,  shall  be  due  at  the  time 
of  the  rendering  of  such  judgment. 
i p.  eh  379,  $o.       §1810.  In  everv  case  in  which  one  claim  is  filed  against  two 

Conip.  14)55.  c  J  c 

claim  against  or  more  buildings  or  other  improvements  owned  by  the  same 
buildings:  person,  the  person  filing  such  claim  must  at  the  same  time  des- 
ignate the  amount  due  to  him  on  each  of  such  buildings  or  other 
improvements,  otherwise  the  lien  of  such  claim  shall  be  post- 
poned to  other  liens.  The  lien  of  such  claimant  shall  not  extend 
beyond  the  amount  designated  as  against  other  creditors  having 
liens  by  judgment,,  mortgage,  or  otherwise  upon  either  of  such 


ACTION  TO  ENFORCE  MECHANIC'S    LIEN.  <»03 

buildings  or  other  improvement-;,  or  upon  the  land  upon  which 
tho  samo  are  situated. 

^  1*11.  The  count  v  clerk  shall  enter  in  a  lion  docket  the  name 

"  ■  .  I.lcn  docket. 

and  residence  or  the  claimant,  the  person  against  whom  claimed, 
tho  amount  claimed,  the  dale  of  liling,  and  a  brief  description 
of  the  premises  affected,  stating  tho  street  and  particular  place 
where  located,  in  such  manner  as  to  be  convenient  in  searching 
for  tho  liens  bystreet  and  block.  Ho  shall  be  entitled  to  re- 
ceive a  fee  of  ten  cents  for  each  lien  filed.  Except  as  provided  aSmt^t  r 
in  section  eighteen  hundred  and  eight,  the  lien  shall  attach,  from  wiieniton 
the  time  of  the  tiling  of  the  claim,  to  all  the  right,  title,  and 
interest  which  the  owner  then  has  in  the  property  therein  de- 
scribed, to  the  extent  of  the  liability  of  such  owner  for  the  claim 
preferred. 

§  1812.  Liens  shall  in  all  cases  cease  after  one  year  from  date  l^0,  cb'  ^ 

,  ,.  Liens  to  cense. 

of  tiling  unless  an  action  shall  be  commenced,  and  a  notice  of  ot ,end of  >'ear 

~  '  unless  notice  of 

lis  pendens  filed  with  the  clerk  of  the  comity  wherein  the  pivmi-  i>-i       ■  .  t  - 

ses  are  situated,  or  an  order  made  continuing  the  lien  for  another 

year  ;  in  the  latter  case  the  county  clerk  shall,  upon  filing  such 

order,  make  a  new  docket  of  such  lien.    Successive  orders  and 

new  dockets  may  be  made,  in  the  discretion  of  the  court.  Where 

a  claimant  is  made  a  party  defendant  to  any  action  brought  to 

enforce  any  other  lien,  a  notice  of  the  pendency  of  such  action 

must  be  filed  by  him  or  in  his  behalf.    But  the  neglect  to  file 

such  notice  shall  not  abate  any  action  which  may  be  pending  to 

enforce  the  lien.    Such  action  may  be  prosecuted  to  judgment 

against  the  persons  liable  for  the  debt. 

§1813.  The'Hens  provided  under  this  act  shall  be  enforced  by  SS^St? 
civil  action  commenced  in  any  court  of  record  in  said  city,  having  forecl08e  Uen 
equitable  jurisdiction,  by  any  persons  claimant,  the  original  or 
sub-contractor,  or  an  assignee  thereof,  or  contractor,  against  any 
property  affected  thereby,  at  any  time  within  one  year  from  the 
tiling  of  such  lien.  Such  action  shall  be  commenced,  carried  on, 
and  judgment  entered  and  enforced  as  provided  in  an  action  to 
foreclose  a  mortgage  in  the  Code  of  Civil  Procedure,  and  the 
plaintiff  shall  make  all  other  parties  who  have  filed  subsequent 
liens  under  this  title,  or  have  any  prior  record,  claims,  or  liens 
upon  said  premises  and  their  appurtenances,  defendants  in  such 
action.  And  the  court  shall  determine  the  priority  of  the  liens, 
the  amounts  due  thereon,  and  the  rights  of  the  respective  par- 
ties, and  render  judgment  accordingly.  The  court  may  also 
render  personal  judgment  against  or  in  favor  of  any  party  to 
the  action.  Costs  for  or  against  the  parties  litigant  shall  be  in 
the  discretion  of  the  court.  As  to  all  persons  against  whom  no 
personal  claim  is  made,  the  plaintiff  may,  with  the  summons, 
serve  a  notice  stating  briefly  the  object  of  the  action,  and  that 


Oil  I 


ACTIONS  TO  ENFORCE  MECHANIC'S  LIEN. 


1H.5.  cb.370,Jli;, 
C'omp.  im. 
Consolidating 
actions. 


1880,  cb.48C,  $8. 
Offer  to  pay 
Into  court. 


1875,  ch.37!>SM, 
Couip.  1480. 
Sub-contract- 
ors, rights  of. 


id.  $15. 

Different  liens. 


Id.  $16. 

Coiup.  1487. 

When  contract 
is  for  bills, 
notes,  etc. 


1330,  ch.+SC,|17 
Personal  judg- 
ment for  defi- 
c:ency. 
59  IIo'w.  45.V 


Id.  $6. 
Lien,  how 
discharged 


no  personal  claim  is  made.  But  all  persons  who  have  filed  claims 
under  this  title  may,  hy  answer  in  such  action,  set  forth  thes  ame. 

§  181-1.  Any  numherof  persons  claiming  lions  upon  the  same 
property  may  join  in  the  same  action,  and  when  separate  actions 
are  commenced  the  court  in  which  the  first  was  brought  may, 
on  motion,  consolidate  them. 

§  1815.  At  any  time  after  the  action  is  commenced  the  owner 
of  the  property  affected  may,  in  writing,  offer  to  pay  into  court 
any  amount  stated  in  the  offer,  or  to  execute  or  deliver  any 
securities  or  papers  which  he  may  describe  in  discharge  of  the 
property.  If  the  offer  is  accepted  in  writing  within  ten  days 
thereafter^  the  court  in  which  the  action  is  pending  may  make 
an  order  that,  on  deposit  with  the  county  clerk  of  the  amount 
offered,  or  the  securities  or  other  property  described,  the  lien  be 
discharged,  and  the  money  or  securities  deposited  thereafter 
takes  the  place  of  the  lien.  In  case  the  offer  be  not  accepted 
within  ten  days,  and  the  plaintiff  fails  to  recover  any  more 
favorable  judgment  against  the  property,  he  shall  pay  all  costs 
in  the  action  incurred  by  the  owner  from  the  time  of  the  offer. 

§  1SIG.  All  persons  entitled  to  liens  on  the  structure  or  im- 
provement, except  those  who  contracted  with  the  owner  thereof, 
'-hall  be  deemed  sub-contractors ;  and  the  court,  in  the  judg- 
ment, shall  direct  the  amount  due  sub-contractors  to  be  paid  out 
of  the  proceeds  of  sales  before  any  part  of  such  proceeds  are 
paid  to  the  contractor. 

§  1817.  In  every  case  in  which  different  hens  are  asserted 
against  property,  the  court,  in  the  judgment,  must  declare  the 
rank  of  each  lien  or  class  of  liens,  and  the  proceeds  of  the  sale 
of  the  property  must  be  applied  to  each  lien  or  class  of  liens  in 
the  order  of  its  rank. 

§  1818.  Whenever  by  the  terms  of  his  contract  the  owner  has 
stipulated  for  the  delivery  of  bills,  notes,  or  any  other  species  of 
property  in  heu  of  money,  the  judgment  must  direct  that  such 
substitute  be  delivered  or  deposited  as  the  court  may  direct,  and 
the  property  affected  by  the  liens  can  only  be  directed  to  be  sold 
in  default  of  the  owner  to  deliver  such  substitutes  within  such 
time  as  may  be  directed. 

§  1S19.  Whenever  on  the  sale  of  property  subject  to  the  lien, 
there  is  a  deficiency  of  proceeds,  judgment  may  be  docketed  for 
the  deficiency  against  the  persons  named  in  the  judgment  as 
liable  therefor  in  like  manner  and  with  like  effect  as  in  actions 
for  the  foreclosure  of  mortgages. 

§  1820.  The  lien  may  be  discharged  as  follows  : 

1.  By  filing  a  certificate  of  the  claimant  or  his  successor  in 
interest,  acknowledged  or  proved  in  the  same  manner  as  the 
satisfaction  of  a  mortgage,  stating  that  the  lien  is  discharged. 


NOTICE  OF  LIEN  AGAINST  THE  OITY 


2.  By* depositing  with  the  county  clerk,  if  before  suit  is  com- 
menced, a  sum  of  money  equal  to  the  amount  claimed  ;  and  if 
suit  shall  havo  been  commenced,  a  sum  equal  to  the  amount 
claimed  ;  and  such  sum  in  addition  as  shall  he  ordered  by  a 
judge  of  the  court  in  which  the  action  shall  have  been  com- 
menced, as  security  for  the  costs  of  the  action  ;  such  deposit, 
after  suit  brought,  to  be  made  on  notice  or  on  an  order  to  show 
cause  directed  to  the  plaintiff  in  the  action  or  his  attorney. 

3.  By  the  exniration  of  one  year  after  the  filing  of  said  lien 
without  any  order  being  made  continuing  the  same  or  notice  of 
lis  pendens  tiled  as  aforesaid. 

§  1881.  Appeals  in  actions  to  enforce  liens,  provided  for  in  w.|9. 

this  act,  may  he  taken  in  the  same  manner  and  within  the  time,  AppcaK 

and  shall  be  governed  by  the  same  rules  and  practise  as  prevail 

in  actions  for  the  foreclosure  of  mortgages. 

§  1822.  Nothing  contained  in  tlfls  title  shall  he  construed  to  >s^. cii.nro.$ao. 
c  "  Camp.  H88. 

impair  or  affect  the  right  of  any  person  to  whom  any  debt  may  Personal  action 
be  due  for  work  done  or  materials  furnished  to  maintain  a  per-  *  cre  '  °ra' 
sonal  action  to  recover  such  debt  against  the  person  liable 
therefor. 

§  1823.  Nothing  contained  in  this  title  shall  be  construed  to  \^2^ m  ,10 
authorize  the  filing  of  any  claim  against  any  building  or  prop-  Property  used 

.  ,  -  vi'  for  public  pur- 

Crty  used  for  public  purposes.  poses  excepted 

Title  2. — Liens  against  City. 
$  1824.  Any  person  or  persons  who  shall  hereafter,  as  laborer,  18;8-  <->>• 315. 

0  i  Comp.  1489. 

mechanic,  merchant,  or  trader,  m  pursuance  of,  or  in  confor-  Liens  for  work 
mity  with  the  terms  of  any  contract  made  between  any  person  umi"r  numfci- 
or  persons  and  the  city,  perform  any  labor  or  furnish  any  mate-  ,'alcout"Kt'i- 
rial  toward  the  performance  or  completion  of  any  contract  made 
with  the  city,  on  complying  with  the  next  section,  shall  have  a 
lien  for  the  value  of  such  labor  or  materials,  or  either,  upon  the 
moneys  in  the  control  of  the  city,  due  or  to  grow  due  under 
said  contract  with  said  city  to  the  full  value  of  such  claim  or 
demand,  and  these  liens  may  be  filed  and  become  an  absolute 
lien  to  the  full  and  par  value  of  all  such  work  and  materials,  to 
the  extent  of  the  amount  due  or  to  grow  due  on  said  contract,  in 
favor  of  every  person  or  persons  who  shall  be  employed  or  fur- 
nish materials  to  the  person  or  persons  with  whom  the  said 
contract  with  the  city  is  made,  or  the  sub-contractors  of  said 
person  or  persons,  their  assigns  or  legal  representatives,  pro- 
vided that  the  city  shall  not  be  required  to  pay  a  greater  amount 
than  the  contract  price  or  value  of  the  work  and  the  materials 
furnished,  when  no  specific  contract  is- made  in  the  performance 
of  said  work  by  the  contractor. 


606 


ACTIONS  ON  LIENS  AGAINST  THE  CITY. 


Id.  |S. 

Neil  I  f 

claims. 


Id.  S3. 
Liens  to  bo 

entered. 


Id.  a, 

Comp.  1  J*J0. 
Action  to  fore 
close  lien. 


Id.  $5. 

When  lien 
attaches. 


18r8,  ch.  315. 
Comp.  1490. 
Enforcing 
claim. 


Id.  §7. 
rartic- 


§  182r».  At  any  time  before  the  whole  work  to  be  performed 
hy  the  contractor  for  the  city  is  completed  or  accepted  by  the 
city,  and  within  thirty  days  after  the  same  is  so  completed  or 
accepted,  any  claimant  may  file  with  the  head  of  the  depart- 
ment or  bureau  having  charge  of  said  work,  and  with  the 
comptroller,  notices  stating  the  residence  of  the  claimant,  veri- 
fied by  his  oath  or  affirmation,  stating  the  amount  claimed, 
from  whom  due,  and  if  not  due,  when  it  will  be  due,  giving  the 
amount  of  the  demand  after  deducting  all  just  credits  and 
offsets,  with  the  name  of  the  person  by  whom  employed,  or  to 
whom  materials  were  furnished  ;  also  a  statement  of  the  terms, 
timo  given,  conditions  of  his  contract,  and  also  that  the  work 
was  done  or  materials  were  furnished  to  the  said  contractor,  and 
were  actually  performed  or  used  in  the  execution  and  comple- 
tion of  the  said  contract  with  said  city,  but  no  variance  as  to 
the  name  of  the  contractor  .'♦■all  affect  the  validity  of  the  said 
claim  or  lien. 

§  1826.  The  comptroller  shall  enter  the  claims  in  a  book  kept 
for  that  purpose  by  him,  called  the  "lien  book."  Such  entry 
shall  contain  the  name  and  residence  of  claimant,  the  name  of 
the  contractor,  the  amount  and  date  of  the  filing  and  a  brief 
designation  of  the  contract  upon  which  the  claim  is  made". 

§  1827.  No  lien  provided  for  in  this  title  shall  be  binding 
upon  the  property  therein  described  unless  an  action  be  com- 
menced within  ninety  days  from  the  filing  of  the  same,  and  a 
notice  of  pendency  of  said  action  be  filed  with  the  comptroller. 

g  1S28.  The  lien  shall  attach  from  the  time  of  filing  thereof 
to  the  extent  of  the  liability  of  the  contractor  for  the  claim  pre- 
ferred upon  any  funds  which  may  be  due  or  to  grow  due  to  the 
said  contractor  from  the  city,  under  the  contract  against  which 
the  lien  is  filed. 

§  1S29.  Any  claimant  who  has  filed  the  notice  mentioned  in 
the  second  section'  of  this  title  may  enforce  his  claim  against 
the  said  fund  therein  designated  and  against  the  person  or  per- 
sons liable  for  the  debt  by  a  civil  action.  Actions  to  determine 
or  terminate  said  liens  may  be  commenced  by  the  said  contractor 
or  the  city  in  any  court  of  competent  jurisdiction. 

§  1830.  The  plaintiff  must  make  all  parties  who  have  filed 
claims,  the  contractor,  and  the  city,  parties  defendant,  and  as  to 
all  parties  against  whom  no  personal  claim  is  made,  the  plaintiff 
may  with  the  summons,  serve  a  notice  stating  briefly  the  object 
of  action,  and  that  no  personal  claim  is  made.  But  all  parties 
who  have  filed  claims  under  this  title  may,  by  answer  in  such 
action,  set  forth  the  same,  and  the  court  in  which  the  action  is 
brought  may  decide  as  to  the  extent,  justice,  and  priority  of  the 
claims  of  all  parties  to  the  action. 


IMSCIIAKfiK  OF  LIENS  AGAINST  T1IK  CITY 


007 


$  1831.  Tho  court  in  which  the  action  is  brought  shall  deter-  h  >* 
mine  tho  validity  of  tho  lion,  tho  amount  duo  from  tho  debtor  action  to  fori 

J  close-. 


Execution. 


to  the  contractor  under  his  contract,  and  from  the  contractor 
to  the  respective  claimants,  and  shall  render  judgment,  direct- 
ing that  the  city  shall  pay  over  to  the  claimants,  for  work  done 
and  materials  furnished  in  the  execution  of  the  said  contract  or 
conti acts,  whose  claims  or  liens  it  shall  hold*  to  bo  valid  and 
just,  in  the  order  of  their  priority  as  determined  by  said  court 
to  the  extent  of  tho  sum  found  due  to  said  claimants  from  their 
contractor,  so  much  of  said  funds  or  money  which  may  be  due 
from  the  city  to  the  contractor  under  his  contract,  against 
which  the  lien  is  filed,  as  will  satisfy  their  liens  or  claims,  with 
the  interest  and  costs,  to  tho  extent  of  the  amount  due  from  the 
city  to  said  contractor.  The  judgments  rendered  under  this  title 
may  bo  enforced  by  execution,  and  an  appeal  may  be  taken 
therefrom  in  the  same  time  and  maimer  as  in  civil  actions. 

;,;  1S32.  In  cases  of  successive  liens,  or  a  number  of  liens  in  successive 
favor  of  different  persons,  their  rights  and  priorities  shall  ho  do-  ,iens 
termined  as  follows:  Persons  standing  in  equal  degrees  as  co- 
laborers,  or  various  persons  furnishing  materials  shall  have  pri- 
ority according  to  tho  date  of  the  filing  of  their  liens.  When 
several  lien  notices  are  filed  for  the  same  demand,  the  judgment 
shall  provide  for  the  proper  payments  according  to  priority,  so 
that,  under  liens  filed,  double  payments  shall  not  be  required. 

§  1833.  When  separate  actions  are  commenced,  the  court  in  comp'ttw 
which  the  first  action  was  brought  may,  upon  the  application  of  Consolidating 

11  actions. 

the  city,  consolidate  them. 

<j  1834.  Costs  In  all  actions  shall  rest  in  the  discretion  of  the  w  *n- 

Cost** 

court,  and  shall  be  awarded  to  or  against  the  plaintiff  or  defend- 
ants, or  any  or  either  of  them,  as  may  be  just. 

^  1835.  Nothing  contained  in  this  title  shall  be  construed  to  u  iVJ 

Pflrftoiinl 

impair  or  affect  the  right  of  any  person  to  whom  any  debt  may  actions, 
be  due  for  work  done  or  materials  furnished  to  maintain  a  per- 
sonal action  to  recover  such  debt  against  the  person  liable 
therefor. 

;>  1830.  The  lien  may  be  discharged  as  follows:  First — By  w  jia. 
tiling  a  certificate  of  the  claimant,  or  his  successor  in  interest,  ftCnChareiPR 
duly  acknowledged  and  proved,  stating  that  the  lien  is  dis- 
charged. Second — By  lapse  of  time,  when  ninety  days  have 
elapsed  since  the  filing  of  the  claim,  and  no  action  shall  have 
been  commenced  to  enforce  the  claim.  Third— By  satisfaction 
of  any  judgment  that  may  be  rendered  in  actions  to  foreclose 
said  liens  or  claims. 

§  1837.  The  term  "  contractor,"'  as  used  in  this  title,  shall  be  iwe.ch.8iti, 
construed  as  meaning  the  person  with  whom  the  contract  with  ueanwoa!14*1 
the  city  is  made,  his  assigns  or  legal  representatives. 


608 


i:i,kctionm. 


Id-*13  §  1838.  Nothing  in  this  title  contained  shall  affect  the  validity 

of  any  claims  or  liens  upon  moneys  due  or  to  grow  due  under 
contracts  made  by  the  city  prior  to  (he  twenty-second  day  of 

1881, cii.  «9.     May,  eighteen  hundred  and  seventy-eight,  but  the  title  shall  an- 

In  what  canes        i     a  a  •      i    a       n  ./«->  I 

act  to  apply.  ply  to  and  include  all  cases  and  contracts  under  which  work  and 
materials  have  heretofore  been,  or  shall  hereafter  be  done  and 
furnished  upon  any  land,  the  title  of  which  was,  at  the  time  of 
the  making  of  the  contract,  and  now  is  in  the  city,  and  for  the 
performance  of  which  appropriations  have  been,  or  shall  here- 
after be  made  and  raised  by  the  city  ;  and  s>hajl  apply  to  and  in- 
clude actions  pending  on  the  twenty-eighth  day  of  May,  eighteen 
bundled  and  eighty  one,  for  work  done  and  materials  furnished 
under  any  such  contract. 


CHAPTER  XXIV. 
Elections. 

1873, ch. 875, fi,       ^  183J>.  Hereafter  all  officers  to  be  elected  by  the  people,  in 

as  amended  c  *  *      *  ' 

Com  V  **'  l'lc  C1^y  a  county  of  ^sew  York,  shall  be  chosen  at  the  general 
Officers,  at       election  held  on  the   Tuesday  succeeding   the   first  Monday 

what  election        .  -  .        ■  ,  ,    .  .  .  . 

m u- chosen  <>[  .\ , i \ i ■  1 1 1 1 )( •  v  \n  each  year,  except  in  cii-f  where  special  or 
co°mmo^coun"f  other  elections  may  be  authorized  by  law.  The  clerk  of  the  board 
ciitogive.  Q£  aic]ernicn  ylia.ll,  on  the  first  Monday  of  October  in  each  year, 
give  notice  by  publication  in  not  exceeding  fifteen  newspapers  of 
large  circulation,  published  in  said  city,  specifying  all  the  mu- 
nicipal officers  (including  ward  and  district  officers;  to  be  chosen 
at  the  general  election  in  November  following — comprising  all 
the  city  officers  voted  for  by  the  electors  of  the  city  at  large — as 
well  as  all  officers  elected  by  wards  or  districts  in  said  city  ;  and  it 
shall  not  be  necessary  for  the  secretary  of  State  to  include  in  the 
general  election  notice  to  the  sheriff  of  the  county  of  New  York 
any  city  or  ward  officers  of  the  city  of  New  York,  nor  shall  any 
other  notice  of  the  election  of  such  city  and  ward  officers  be  re- 
quired, except  the  notice  published  by  the  clerk  of  the  board  of 
aldermen,  hereinbefore  specified. 
compb73875,  §""  §  1840.  The  days  upon  which  the  general  or  load  election  shall 
Election  daya  hereafter  be  held  in  the  city  and  county  of  New  York  shall,  for 
all  purposes  whatever,  as  regards  the  presenting  for  payment  or 
acceptance,  and  of  the  protesting  and  giving  notice  of  the  dis- 
honor of  bills  of  exchange,  bank  checks,  and  promissory  notes, 
be  treated  and  considered  as  is  the  first  day  of  the  week,  com- 
monly called  Sunday. 


F.I.KCTION   r. ALLOTS. 


£  1841.   At  elections  hereafter  to  bo  held  in  the  city  and  »83», oh. bw, |8, 

*  m  amended 

count v  of  New  York,  the  boxes  to  be  used  in  receiving  the  bal-  ':;:i-rh  "  "  -; 
Lots  thereat  shall  be  marked  and  numbered  successively  as  fol-  iiaiioti.nx.-s. 

1  »T  1  ,      ,,  ,  it  1-1,  IlOW  llll>cl(«l 

lows:  Number  one,  1  resident  ;  number  two,  "State;  num-  m.d  numb.-n-i 
her  three,  "  Congress ;"  "number  four,  "Senator;"  number  18B0>  <*•»»,  * 
five,  "Assembly;"  number  six,  "City;"  number  seven,  "Jus- 
tices f  number  eight,  "  Judiciary."  And  at  every  election  here- 
after to  be  held  in  Said  city  and  county  such  number  of  boxes, 
marked  as  aforesaid,  shall  be  furnished,  as  may  bo  required  by 
law,  to  receive  the  ballots  to  be  used  at  such  election.  At  any 
election  at  which  any  officers  are  to  be  voted  for  upon  ballots 
not  otherwise  in  this  section  provided  for,  there  shall  be  provided 
as  many  additional  boxes  as  there  are  additional  kinds  of  ballots 
required. 

§  1S42.  The  ballots  for  electors  of  president  and  vice-president  as  amended 

1873  ch  tS£3  $rt 

shall  be  the  same  as  now  prescribed  by  law,  and.  when  folded,  comp.  res. ' 
shall  be  indorsed  or  show  on  the  outside  the  words  "President,  ftrmofbaiiote- 
number  one," and  bo  deposited  in  box  number  one.  The  names  »8». cb. obb, |i. 
of  all  persons  voted  for  by  any  elector  at  any  election,  in  whose 
election  all  of  the  voters  of  the  State  have  the  right  alike  to 
participate,  except  electors  of  president  and  vice-president,  and 
chief  judge  and  associate  judges  of  the  court  of  appeals,  shall 
be  upon  one  ballot  which,  upon  the  face  thereof,  shall  contain  a 
designation  of  the  offices  and  the  name  or  names  of  the  person 
or  persons  to  bo  voted  for,  or  such  of  them  as  any  voter  may  de- 
sire to  vote  for,  which  ballot  shall  be  indorsed  "  State,"  and  he- 
deposited  in  box  number  two.  The  name  of  the  person  desig- 
nated for  representative  in  congress  shall  be  on  a  separate  ballot, 
which,  upon  the  face  thereof,  shall  contain  a  designation  of  the 
offico  and  the  district  for  which  the  officer  is  to  be  elected:  and 
which,  when  folded,  shall  be  indorsed,  or  show  upon  the  outside 
thereof,  the  words  "  Congress,  number  three,"  and  be  deposited 
in  box  number  three.  The  name  of  the  person  designated  for 
senator  shall  be  upon  a  separate  ballot,  which,  on  the  face 
thereof,  shall  contain  a  designation  of  the  office,  of  the  district 
for  which  the  officer  is  to  be  elected,  and  which,  when  folded, 
shall  be  indorsed,  or  show  upon  the  outside  thereof,  the  words 
"Senator,  number  four,"  and  be  deposited  in  box  number  four. 
The  name  of  the  person  designated  for  member  of  assembly 
shall  be  on  a  separate  ballot,  which,  upon  the  face  thereof,  shall 
contain  a  designation  of  the  office  and  the  district  for  which  the 
officer  is  to  be  elected,  and  which,  when  folded,  shall  be  indorsed, 
or  show  upon  the  outside  thereof,  the  words  "Assembly,  num- 
ber five,"  and  be  deposited  in  box  number  five.  The  names  of 
the  persons  designated  for  aldermen  to  be  elected  by  districts 
shall  be  on  a  separate  ballot,  which,  upon  the  face  thereof,  shall 


GIO 


BUREAU  OF  ELECTIONS. 


"Judiary. 


contain  a  designation  of  the  office  and  the  district  for  which  1 1 1« - 
officers  arc  to  be  elected,  and  which,  when  folded,  shall  be  in- 
dorsed, or  show  on  the  outside  thereof,  the  words  "City,  num- 
ber six,"  and  be  deposited  in  box  number  six.  The  names  of 
the  persons  designated  for  justice  of  the  district  court  shall  be 
upon  one  ballot,  which  ballot,  upon  the  face  thereof,  shall  con- 
tain a  designation  of  the  office  and  the  district  for  which  the 
officers  are  to  be  elected,  and  the  name  or  names  of  the  person 
or  persons  to  be  voted  for,  or  such  of  them  as  any  voter  may  de- 
sire to  vote  for,  and  which,  when  folded,  shall  be  inorsed,  or 
i860,  ch.  553,  si.  show  upon  the  outside  thereof,  the  words  "  Justices,  number 
seven,"  and  be  deposited  in  box  number  seven.  The  names  of 
all  persons  voted  for  by  any  elector  at  any  election  for  chief 
judge  or  associate  judge  of  the  court  of  appeals,  justices  of  the 
supreme  court,  surrogate,  and  all  other  judges  or  justices,  except 
such  as  are  elected  in  and  for  a  district  which  comprises  less 
than  the  entire  county,  shall  be  upon  one  ballot,  which  ballot, 
shall  be  indorsed  "  Judiciary,'*  and  be  deposited  in  box  num- 
ber eight.  The  names  of  the  persons  voted  for  by  any  elector  at 
any  election  for  all  city  and  county  officers  in  whose  election  all 
the  voters  of  said  city  and  county  have  the  right  alike  to  par- 
ticipate, except  judges  or  justices  as  aforesaid,  shall  be  upon  one 
ballot,  which  ballot  shall  be  indorsed  "City  and  County,"  and  be 
deposited  in  box  number  nine. 

ISi:).  At  all  elections  hereafter  held  in  the  city  and  county 
of  New  York,  the  polls  shall  be  opened  at  six  o'clock  in  the 
morning  and  close  at  four  o'clock  in  the  afternoon. 

§  ISii.  At  every  election  hereafter  held  in  the  city  and  county 
of  New  York,  the  election  and  canvass  of  the  votes  cast  thereat 
shall  be  in  all  respects  conducted  in  conformity  to  the  provisions 
of  the  general  election  laws  of  this  State,  except  as  in  this  chap- 
ter otherwise  provided. 

§  1S-45.  It  is  hereby  made  the  duty  of  the  board  of  police  to 
continue  the  bureau  in  the  office  of  the  department  of  police, 
known  and  designated  as  the  bureau  of  elections.  The  affairs 
of  said  bureau  shall,  under  and  subject  to  such  rules,  regulations 
and  orders  as  may  from  time  to  time  be  made  and  adopted  by 
said  board  of  police,  be  managed,  conducted  and  carried  on  by  a 
suitable  and  proper  person,  to  be  chosen  and  selected  by  said 
board,  who  shall  be  known  as  the  chief  of  the  bureau  of  elec- 
tions, shall  hold  office  for  the  period  of  three  years,  and  whose 
salary  shall  be  fixed  and  paid  by  said  board,  at  such  sum  as  they 
shall  deem  proper,  not  exceeding  five  thousand  dollars,  and  shall 
be  removable  by  the  board  of  police  for  cause, 
w.  ?a  §  1846.  It  shall  also  be  the  duty  of  the  board  of  police  to  cause 

to  be  prepared,  books  for  the  registration  of  names  and  facts  re- 


''Cityand 
county." 

1872,  o!i.  r.75,  $5, 
Comp.  71M5. 
Unchanged, 
l'olls  open  at  C 
-v.  m.  and  close 
at  1  p.  M. 
Id.  §6. 

Elections  to  be 
conducted  iu 
conformity 
\v  itli  •jeneral 
election  law  s. 


1872,  cli.073,  §7. 
Board  of  police 
to  establish  bu- 
reau of  elec- 
tions. 

To  appoint  a 
chief  of  the 
bureau  of 
elections. 
Term  of  office 
and  salary. 
Removable  for 
cause. 


HOOKS  OK  KKOISTKATION. 


01  I 


quired  by  this  chapter.  Said  books  to  be  known  by  the  general  Hoard of  poiico 
name  of  registers,  and  to  be  so  arranged  as  to  admit  of  the  Cn-  lMX»kM  for  regis- 

,        ,  _        ,  .  .  tratlonof 

tenng,  under  the  name  oi  each  street  or  avenue  in  each  election  name*  and 
district,  and  the  number  of  each  dwelling  in  any  such  street  or  To  contain  tnt 
avenue,  if  there  be  a  number  thereto,  and  if  there  be  no  num-  anaNo.oVcacu 
her,  under  such  other  delinite  description' of  the  location  of  the  Dion  of  nil 
dwelling-place  as  shall  enable  it  to  be  readily  ascertained,  found,       !.",>!- - '" 
and  located,  of  the  names  of  all  male  persons  resident  in  each  nli^mwi  oT 
dwelling  in  each  of  said  districts  who  shall  apply  for  registra-  whnt8lze- 
tion.    Such  register  shall  be  ruled  in  parallel  columns,  in  which, 
opposite  to  and  against  the  name  of  every  applicant,  shall  been 
tered  the  Avoids  and  figures  hereinafter  provided  in  this  chapter, 
and  shall  be  of  such  size  as  to  contain  not  less  than  seven  hun- 
dred names,  and  so  prepared  as  that  they  may  be  used  at  each 
election  in  the  city  and  county  of  New  York,  until  such  time  as 
is  in  this  chapter  provided  for  the  succeeding  general  registra- 
tion, and  shall,  on  the  inside,  be  in  appearance  and  form  as  fol- 
lows, to  wit  : 


When  used. 


612 


BOOKS  OF  REGISTRATION  . 


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DUTIES  OK  CHIKK  OF  Ill  ltKAr  ol    KU"( "('IONS.  618 
S  1S47.  It  shall  not  he  lawful  for  the  said  I)  »ard  to  alt.-r  or  «-•«  ;•• 

°  as  ninrnilivl 

change  cither  the  nuinher  or  boundaries  of  any  election  district,  ^^^ff1' " 
save  in  such  years  as  by  law  the  said  city  and  county  is  redis-  it.-i^tri.-iii.^ 
tricted  by  assembly  districts,  and  in  such  years  as  the  usual  and 
customary  enumeration  of  citizens  in  the  city  and  county  of 
New  York  is  had  and  taken,  when  as  early  as  the  first  day  of 
September  in  any  such  year  a  general  redisricting  of  the  city 
shall  be  made  by  assembly  districts,  upon  the  basis  of  the  regis- 
tration of  voters  for  that  year  last  preceding  the  time  of  such  re 
districting,  in  which  members  of  congress  shall  have  been 
chosen.  Such  redisricting  shall  be  made  in  such  manner  that 
each  election  district  shall  contain  as  near  as  practicable  two 
hundred  and  fifty  voters  on *the  basis  of  such  registration.  On 
or  before  the  fifteenth  day  of  August,  one  thousand  eight  hun- 
dred and  eighty-two,  and  in  every  second  year  thereafter,  said 
board  of  police  may  divide  such  election  districts,  and  such  only 
as  by  the  registration  of  voters  of  the  two  preceding  years  shall 
be  found  to  have  had  an  average  registration  of  more  than  four 
hundred  voters.  But  in  any  such  division  of  any  such  district, 
one  portion  of  the  district  shall  retain  the  original  numerical 
designation,  and  the  other  portion  shall  take  the  number  follow- 
ing the  highest  numbered  district  in  the  assembly  district  of 
which  it  forms  a  part.  No  election  district  shall  be  in  part  within 
two  congressional  districts. 

§  1S48.  It  shall  be  the  duty  of  the  chief  of  the  bureau  of  elec-  SpC^5,,1°' 
tions  to  receive,  file,  and  preserve  in  his  office  all  resolutions,  chipfofburi.au 

'         '  r  'of  elections  to 

orders,  rules,  and  regulations  of  said  board  of  police,  pertaining  keep  certain 

'  '  o  l  )  r  tr>   papers  and  pro 

to  or  in  any  wise  affecting  the  conduct  of  the  affairs  of  his  bu-  n?8£  "ooksand 
reau;  to  prepare  and  furnish  all  necessary  registers,  books,  maps,  s,n,ioner> 
forms,  oaths,  certificates,  blanks,  and  instructions  for  the  use  of 
the  inspectors  of  election  and  the  board  of  county  canvassers;  to 
provide  for  the  furnishing  of  such  officers  therewith  and  with  all 
necessary  supplies;  to  have  and  retain  the  custody  of  all  regis-  J° ^ndTetp 
ters  and  copies  thereof  provided  for  in  this  chapter,  all  oaths  of  P~r^c^*' pa' 
office  and  of  removal,  and  all  records,  papers,  and  certificates  of 
every  kind  and  nature  pertaining  to  the  affairs  of  his  bureau, 
the  conduct  of  any  registration  of  electors,  revision  thereof,  or 
of  any  election;  and  to  have  charge  of  the  fitting  up  of  all  poll- 
ing places.    The  said  chief  shall,  for  any  revision  of  any  general  SJ^oSffi 
registration,  issue  to  each  of  the  inspectors  of  election,  in  each  cai"'M 
election  district  in  the  city  and  county  of  New  York,  one  of  the 
registers  of  said  district  in  use  therein  at  the  preceding  election, 
and  returned  to  and  filed  by  him  in  his  office. 

§  1849.  The  chief  of  the  bureau  of  elections  shall  have  the  ,d  s» 
right,  subject  to  the  approval  of  the  board  of  police,  to  appoint  a  chiefSerk. 
chief  clerk,  who  shall  receive  a  salary  not  exceeding  two  thou-  Ssxlarr 


614 


INSPECTORS  OF  ELECTION. 


Hoard  to  fur- 
nish other  cleri- 
cal force  from 
among  patrol- 
men. 


Id.  $13. 
Inspectors  of 
elections  and 
poll-clerks  ap- 
polnted.etc,  by 
board  of  police. 
See  (W  X.  Y.W.I; 
a  Hun.2-.tt,  5  T. 
&  0.  67H:  57 
How.  4-15. 
Four  inspec- 
tors to  each  dis 
trict,  two  of 
each  party. 
Commissioners 
of  police  of  mi- 
nority party  lo 
name  inspect- 
On  for  each 
district, 
yualillcatlons. 


Manner  of  ap- 
pointment. 


OftUi  of  office. 


Certificate  of 
appointment. 


Form  of. 


sand  dollars  per  annum.  Such  other  clerical  assistance  as,  in  the 
judgment  of  said  board,  shall  be  necessary  and  proper  for  the 
faithful  performance  by  the  bureau  of  elections  of  the  duties  in 
this  chapter  imposed,  shall  be  furnished  by  said  board  by  detail 
from  among  the  patrolmen  under  its  command. 

§  1850.  All  inspectors  of  election  and  poll-clerks  in  the  city 
and  county  of  New  York  shall  hereafter  be  selected  and  appoint- 
ed by  the  board  of  police,  who  shall  also  have  power  to  make  all 
necessary  removals  and  transfers,  and  fill  all  vacaneies  which 
may,  from  any  cause,  arise.  It  shall  be  the  duty  of  the  said 
board  of  police  annually  in  the  months  of  August  and  Septem- 
ber in  each  succeeding  year,  for  each  election  district  insaidcity 
and  county,  to  select  to  serve  as  .inspectors of  election,  four  pep- 
sons  (two  of  whom,  on  State  issues,  shall  be  of  different  politi- 
cal faith  and  opinions  from  their  associates,  and  those  appointed 
to  represent  the  party  in  political  minority  on  State  issues  in  the 
said  city  and  county,  to  be  named  solely  by  such  commissioner, 
or  such  of  the  commissioners  of  police  in  said  board  as  are  the 
representatives  of  such  political  minority),  who  shall  be  citizens 
of  the  United  States  and  of  the  State  of  New  York,  of  good 
character,  and  able  to  read,  write,  and  speak  the  English  lan- 
guage understandingly,  qualified  voters  in  said  city  and  county, 
and  not  candidates  for  any  office  to  be  voted  for  by  the  electors 
of  the  district  for  which  they  shall  be  selected;  but  no  person 
shall  be  required  to  be  a  resident  or  voter  in  the  election  district 
for  which  he  shall  be  appointed  an  inspector.  The  person  so 
selected  shall  be  notified,  examined  as  to  their  qualifications,  and 
if  approved,  shall  each  take  and  subscribe  before  the  chief  of  the 
bureau  of  elections  or  the  chief  clerk  thereof,  within  twenty 
days  from  the  date  of  notice  of  appointment,  the  following  oath 
of  office: 

'  %  .  residing  at  No.  in 

the  city  of  New  York,  do  solemnly  swear  (or  affirm)  that  I  will 
support  the  constitution  of  the  United  States  and  of  the  State  of 
New  York;  and  that  I  will  faithfully  discharge  the  duties  of  the 
office  of  inspector  of  elections  for  the  election  district 

of  the  assembly  district  of  the  city  of  New  York, 

according  to  the  best  of  my  ability:  and  that  I  am  a  citizen  of 
the  United  States  and  of  the  State  of  New  York,  a  qualified 
voter  in  the  city  and  county  of  New  York,  and  not  a  can- 
didate for  any  office  to  be  voted  for  by  the  electors  of  the  district 
for  which  I  am  appointed  an  inspector."' 

Whoever  shall  be  nominated,  approved,  and  sworn  into  office 
as  an  inspector  of  election,  shall  receive  a  certificate  of  appoint- 
ment from  the  board  of  police,  said  certificate  to  be  in  such  form 
as  shall  be  prescribed  by  the  said  board,  and  to  specify  the  assem- 


I'OLI.-CLKRKS. 


Gl«r) 


Term  of  office. 


lti'lll.H  llU  fl  .'III 

Office;  muniKT 


bly  and  election  districts  in  and  for  which  the  person  to  whom 
the  same  is  issued  is  appointed  to  serve,  ami  the  dato  of  expira 
tion  of  his  term  of  office.  The  inspectors  of  election,  appointed 
under  the  provisions  of  this  chapter,  shall  hold  office  for  one 
year,  unless  sooner  removed  for  want  of  the  requisite  qualifica- 
tions, or  for  cause,  in  cither  of  which  cases  such  removal,  unless  "f  pi'"'''< "'" 
made  while  the  inspector  is  actually  on  duty  on  a  day  of  regis- 
tration, revision  of  registration,  or  election,  and  for  im- 
proper conduct  as  an  election  officer,  shall  only  he  made 
after  notice  in  writing  to  the  officer  sought  to  be 
removed,  which  notice  shall  set  forth  clearly  and  dis- 
tinctly the  reasons  for  his  removal.  Provided  that  any  in- 
spector of  election  who  shall  at  any  time  be  appointed  to  fill  a 
vacancy,  which  fact  shall  be  stated  in  his  certificate  of  appoint-  JSrto^mec?. 
ment,  shall  hold  office  onlv  during  the  unexpired  term  of  his  prod-  S™*"™- 

"  °  *  li  i  '     No  Inspector  or 

ecessor:  and  that  no  inspector  of  election  or  poll-clerk  shall  he  poii-cjerktoi* 

,  L  r  transferred. 

transferred  from  one  election  district  to  another  after  he  has  en- 
tered upon  the  performance  of  his  duties. 

§  1S51.  Any  person  applying  to  register  or  offering  to  vote,  ccmpjBo&,,M' 
or  who  is  registered,  may,  on  any  day  of  any  general  registra-  ^gjj^on0' 
tion,  revision  of  registration  or  of  election,  be  challenged  by  any  Xnen><i. 
qualified  voter  in  the  city  and  county  of  New  York,  and  either 
of  the  inspectors  of  election,  in  any  election  district  in  said  city 
and  county,  may,  at  any  authorized  meeting  of  the  board,  and 
one  of  them  shall  administer  to  any  person  so  challenged  the 
oath  or  oaths  provided  by  law  to  test  the  qualification  of  dial-  o^utobead- 
lenged  electors;  and  either  of  said  inspectors  may,  at  any  such  ,,lin  sei(H 
meeting,-administer  to  any  applicant  for  registration  the  oath 
or  oaths  provided  in  this  chapter  to  be  administered  to  and  taken 
by  any  such  applicant,  and  may  also  administer  to  any  elector  of  witnesses, 
the.  election  district  who  may  be  offered  as  a  witness  to  prove 
the  qualification  of  any  person  claiming  the  right  to  be  registered 
or  to  vote,  the  following  oath:  "You  do  swear  or  affirm  that  Form  of  onl!' 
you  are  an  elector  of  this  election  district,  that  you  will  fully  and 
truly  answer  all  such  questions  as  shall  be  put  to  you  touching 
the  place  of  residence  and  other  qualifications  as  an  elector  of 
the  person  (name  to  be  given"!  now  claiming  the  right  to  be 
registered  as  a  voter  in  this  district." 

§  1852.  Two  persons  of  different  political  faith  and  opinions  comph8w5'515 
on  State  issues,  and  possessing  the  other  qualifications  required  apSototed!*01" 
by  this  act  of  inspectors  of  election,  shall  be,  in  all  respects, 
similarly  named,  selected,  notified,  examined,  appointed,  com- 
missioned, and  sworn  as  poll-clerks  in  and  for  each  election  dis- 
trict in  the  city  and  county  of  New  York.    They  shall  hold  office  Term  of  ofnee 
for  the  same  period  of  time  and  upon  the  same  conditions  as  are 


C1C 


SALARY   Of   1NS1'F.(  TO]:-,   AND   I'OJ.J.  (  l.KRKS. 


Id.  jUi. 

Vacancies  in 
office  of  Inspec 
tors  and  poll 
clerks, 
filled. 


Id.  $17. 

hh  amended 

IH73,  ch.  m,  $.'!. 

Compensation 

of  Inspectors 

■ad  poll-clerks, 


Id.  $1S. 
Persons  notl- 
lled  of  appoint- 
ment must 
uppear  before 
chief  of  bureau 
of  elections. 


To  serve  unless 
excused. 


Penalty  for 
refusing. 


Failure  to  per- 
form duties 
deemed  a 
refusal. 


above  prescribed  for  inspectors  of  election,  and  shall  MO0ir«j  a 
like  certificate  of  appointment . 

g  1 658.  Whenever,  from  any  cause,  there  shall  exist  a  vacancy 
in  the  office  of  inspector  of  election  or  poll -clerk,  the  person  ap- 
pointed to  fill  such  vacancy  shall  he  named  l>y  such  commis- 
sioner, or  such  of  the  commissioners  of  said  board  of  police  or 
his  successors  or  their  successors,  as  named  the  inspector  or 
poll-clerk  in  whose  place  any  such  person  is  designated. 

§  1854.  Inspectors  of  election  and  poll-clerks  appointed  in  pur- 
suance of  the  provisions  of  this  chapter  shall  each  be  entitled  to 
receive  seven  dollars  and  fifty  cents  per  day  for  each  day's  ser- 
vice at  any  registration,  revision  of  any  registration  or  election, 
which  compensation  shall  be  paid  on  the  certificate  of  the  chief 
of  the  bureau  of  elections  as  to  the  period  of  service;  but  no  pay- 
ment shall  be  made  to  any  person  as  an  inspector  of  election  or 
poll-clerk  who  shall  not  have  taken,  subscribed,  and  filed  the 
oath  or  affirmation  required  herein,  and  who  shall  not,  during 
the  period  of  his  service,  have  fully  complied  with  all  the  require- 
ments of  law  in  any  wise  relating  to  his  duties,  and  the  acting 
of  any  such  person,  in  either  of  said  capacities;  without  having 
taken,  subscribed,  and  filed  the  said  oath  or  affirmation,  shall  be 
deemed  to  be,  and  punished  as  a  misdemeanor.  Inspectors  of 
election  and  poll  clerks,  during  the  time  they  shall  hold  such 
office,  shall  be  exempt  from  the  performance  of  military  and 
jury  duty. 

§  1855.  Each  and  every  person  selected  and  notified  by  the 
board  of  police  as  its  choice  for  the  office  of  inspector  of  election, 
shall,  on  the  receipt  of  notice  thereof,  appear  within  ten  days 
thereafter,  before  the  chief  of  the  bureau  of  elections,  for  the 
purpose  of  examination,  and,  if  found  qualified,  shall,  unless  ex- 
cused by  said  board,  by  reason  of  ill-health,  or  other  good  and 
sufficient  cause,  be  bound  to  serve  as  such  officer  at  every  elec- 
tion for  the  term  of  one  year  from  the  date  of  his  appointment, 
and  in  case  of  neglect  or  refusal  to  comply  with  the  above  re- 
quirements, or  to  serve  or  act,  shall  be  liable  to  a  penalty  of  one 
hundred  dollars,  recoverable  by  the  said  board  by  civil  action,  in 
any  court  of  record,  in  the  name  of  the  treasurer  of  the  board, 
and  for  the  use  and  benefit  of  the  police  fund;  and  a  failure  on 
the  part  of  any  such  person  to  present  himself  for  examination, 
or  to  comply  with  any  of  the  requirements  of  this  chapter  pre- 
liminary to  receiving  his  certificate  of  appointment  within  the 
time  prescribed,  or  to  attend  on  the  day  of  any  registration  or 
revision  of  registration,  or  the  day  of  any  election  during  said 
term,  unless  prevented  by  sickness  or  other  sufficient  cause,  the 
burden  of  proof  of  which  shall  be  upon  the  delinquent,  shall  be 
deemed  a  refusal  within  the  meaning  of  this  section. 


■ 


KKGISTRATION  OF  VOTERS.  017 

§  185G.  The  inspectors  of  election  in  each  election  district  in  oS^ac?"'1* 
the  city  and  eoimty  of  New  York,  while  discharging  any  of  the  inspector* to 
duties  imposed  upon  them  by  this  chapter,  shall  have  full  i'-t".Mi" phio'.-V' 

*  ,  ,       ,  i     t  i       /.   i    of  n'jfifiratlon 

authont  v  to  preserve  order  and  enforce  obedience  to  their  lawtul      i  ,,( 

....         ...  election. 

command-;  at  and  around  the  place  01  resist  ration,  revision  oi  Cfi 

gistration,  or  election,  during  the  time  of  any  registration,  revision 
of  registration,  election,  or  canvass,  estimate,  or  return  of  votes; 
to  keep  the  access  to  such  place  open  and  unobstructed;  to  pre- 
vent and  suppress  riots,  tumults,  violence,  disorder,  and  all  other  s"r•l"•'w•,  rlo,h 
improper  practices,  tending  to  the  intimidation  or  obstruction  of 
voters,  the  disturbance  or  interruption  of  the  work  of  registra- 
tion, revision  of  registration,  or  voting,  or  the  canvass,  estimate, 
or  return  of  votes,  and  to  protect  the  voters,  challengers,  and  SdSmJ°tor" 
persons  designated  to  watch  the  canvass  of  any  ballots,  from  in-  l""f?eni 
timidation  or  violence,  and  the  registers,  polM)ooks,  boxes,  and 
ballots  from  violence  and  fraud;  and  to  appoint  or  deputize,  if  aSumtS1* 
necessary,  one  or  more  electors  to  communicate  their  orders  and  nss|" 
directions,  and  to  assist  in  the  enforcement  thereof. 

£  1857.  Hereafter  there  shall,  in  the  city  and  county  of  New  KPnerai 
York,  be  a  general  registration  of  the  qualified  voters  resident  SPSS? a°Mt0 
hi  each  election  district  in  said  city  and  county  at  the  times  herein- 
below  provided,  and  then  only:  On  Tuesdav  four  weeks,  the  on  what  days. 

Xfnipor&ry 

Wednesday  of  the  third  week,  and  the  Friday  and  Saturday  of  provisions 

the  second  week  preceding  the  day  of  the  November  election,  in 

each  year.    For  each  and  every  election  held  in  the  city  and 

county  of  New  York,  other  than  such  as  ahove  designated  in 

this  section,  there  shall  be  a  revision  of  the  general  registration  ^tration'for 

had,  as  provided  in  this  chapter,  which  revision  shall  be  made  on  other  elections, 

the  Friday  and  Saturday  of  the  second  week  preceding  the  day 

of  each  and  every  such  election. 

§  1858.  The  inspectors  of  election  appointed  pursuant  to  the  inspectors  of 
provisions  of  this  chapter  shall,  at  the  times  in  this  chapter  de-  fueet'on  9haU 
signated  for  a  general  registration,  meet  in  their  respective  elec- 
tion districts,  at  the  places  which,  as  provided  in  this  chapter, 
shall  he  designated  therein  for  such  meetings,  and  at  such  times 
in  each  election  district  the  said  inspectors  of  election  shall 
openly  and  publicly  do  and  perform  the  following  acts,  viz. : 

h  They  shall  organize,  as  a  board,  by  selecting  one  of  their  *£,wloorKan 
number  to  act  as  chairman:  but  in  case  of  failure  to  so  organize 
within  fifteen  minutes  after  the  time  fixed  for  the  meeting,  the 
chairman  shall  he  selected  by  lot. 

2.  They  shall  receive  the  applications  for  registration  of  such  c£ion?io?reK- 
male  residents  of  their  several  election  districts  as  then  are,  or  p^reon°"whT 
on  the  day  of  election  next  following  the  day  of  making  such  a^piyDally 
applications,  would  be,  entitled  to  vote  therein,  and  who  shall 
personally  present  themselves,  and  such  only. 


tils 


DUTIES  OF  INSPECTORS  OE  ELECTION. 


Remain  in  ses- 
sion from  H  a. 
M.  to  '.)  p.  M. 


Form  of  oath. 


Examine  each 
applicant. 


Enter  In  regis- 
ter  name  and 
No.  of  street. 


Proceedings  if 
more  than  one 
family  in  a 
house. 


To  enter  No.  of 
room  or  rooms 
occupied. 
Name  of  appli- 
cant, how  en- 
tered. 


Nativity. 


Color. 


Term  of  resi- 
dence. 


Naturalization, 
how  desig- 
nated, date  of. 


3.  They  shall  remain  in  session  on  each  of  said  days,  between 
1 1 ie  hours  of  eight  o'clock  in  the  morning  and  ohm  o'clock  in 
evening,  and  shall  administer,  to  all  persons  who  personally 
apply  to  register,  the  following  oath  or  aflirmation,  viz.:  "You 
do  solemnly  swear  (or  affirm)  that  you  will  fully  and  truly 
answer  all  such  questions  as  shall  he  put  to  you,  touching  your 
place  of  residence,  name,  place  of  birth,  your  qualifications  as 
an  elector,  and  your  right  as  such  to  register  and  vote  under  the 
laws  of  this  Slate." 

4.  They  shall  then  examine  each  applicant  as  to  his  qualifi- 
cations as  an  elector,  and,  unless  otherwise  provided  herein,  shall 
immediately,  and  in  I  lie  prosenco  of  the  applicant,  enter  in  the 
registers  to  he  made  ami  furnished  as  provided  in  this  chapter, 
the  statements  and  acts  below  set  forth,  and  in  the  manner  fol- 
lowing, viz.:  First.  Under  the  column  "residence,"  the  name 
and  number  of  the  street,  avenue,  or  other  location  of  the 
dwelling,  if  there  be  a  number,  but  if  there  shall  not  be  a 
number,  such  clear  and  definite  description  of  the  place 
of  said  dwelling  as  shall  enable  it  to  be  readily  as- 
certained, fixed,  and  determined ;  and  if  there  shall  be 
more  than  one  house  at  the  number  given  by  the  applicant 
as  his  place  of  residence,  in  which  house  he  resides,  and 
if  there  be  more  than  out?  family  residing  in  said  house,  either 
the  door  on  which  he  reside-,  every  floor  below  the  level  of  the 
ground  being  designated  as  the  basement,  the  first  floor  on  or 
above  such  level  as  the  first  floor,  and  each  floor  above  that  as 
the  second,  or  such  other  floor  as  it  may  be,  or  the  number 
or  location  of  the  room  or  rooms  occupied  by  the  applicant  and 
whether  front  or  rear.  Second.  Under  the  column  "address," 
the  name  of  the  applicant,  giving  the  surname  and  Christian 
name  in  full  ;  but  the  names  of  all  perons  residing  in  the  same 
dwelling  to  follow  each  other,  and  to  be  under  the  street  and 
house  number,  or  other  description,  as  provided  of  the  dwelling. 
Third.  Under  the  column  of  "sworn."  the  word  "  yes "  or 
"no,"  as  the  fact  shall  be.  Fourth.  Under  the  column  of 
"  nativity,"  the  State,  country,  kingdom,  empire,  or  dominion 
as  the  fact  shall  be  stated  by  the  applicant.  Fifth.  Under  the 
column  of  "  color,."  the  words  "  white  "  or  "  colored,"  as  the 
fact  shall  be.  Sixth.  Under  the  subdivisions  of  the  general 
column  of  "  term  of  residence,"  the  periods  by  months  or  years 
stated  by  the  applicant,  in  response  to  the  inquiries  made  for 
the  purpose  of  ascertaining  his  qualification  and  filling  such 
column.  Seventh.  Under  the  column  of  "  naturalized,"  the 
words  "yes  "  or  "no,"  or  "native,"  as  the  fact  shall  be  stated. 
Eighth.  Under  the  column  of  "  date  of  papers,"  the  date  of 
naturalization,  if  naturalized,  as  the  same  shall  appear  by  the 


REGISTRATION  OF  VOTERS.  Gl'J 

evidence  of  citizenship  submitted  or  presented  by  the  applicant 

in  compliance  with  the  requirements  of  this  chapter.  Ninth. 

Under  the  column  of  "  court,"  the  designation  of  the  court  in  arwM*«owfc 

which,  if   naturalized,  such  naturalization  was  done,  as  the 

same  shall  appear  by  the  evidence  of  citizenship  submitted  or 

presented  by  the  applicant  in  compliance  with  the  requirements 

of  this  c  hapter.     Tenth.     Under  the  column  of    "  qualified  g^J^Sg,. 

voter,*'  the  words  "yes"  or  "no,"  as  the  fact  shall  appear  and  JgJjgSJtlg* 

he  determined  by  at  least  three  of  the  board  of  inspectors  of  , 

election,  it  being  however,  required  of  them  to  designate  as  a 

qualified  voter  any  male  person  who,  being  otherwise  qualified, 

shall  not  at  the  time  of  making  the  application  be  of  age,  pro-  c*»ni *f ori 

vided  the  time  when  such  applicant  shall  be  of  the  age  of  twen-  |;^oro  ,  k'cUo1' 

ty-one  shall  be  subsequent  to  the  date  of  his  making  application, 

and  not  later  than  the  day  of  the  election  immediately  following 

such  time  of  applying.    Eleventh.    Under  the  column  of  '"date  D*$i?,uaJ3?u' 

r  1  »  cation,  now  • 

of  application,"  the  month,  day,  and  year  when  the  applicant  entered, 
presented  himself  and  was  adjudged  a  qualified  voter  in  the 
election  district. 

§  1S59.  On  the  days  and  at  the  times  in  this  chapter  desig-  ch^rs,^, 

nated  for  any  revision  of  any  general  registration,  the  duly  Inspectors  to 

qualified  inspectors  ofc  elections  shall  meet  in  "their  respective  s'ionof  rt^is- 

,       .        , .  .   ••  .  ,  ....  i  j.1    tcrs  and  re- 

election  districts,  at  the  places  which,  m  accordance  with  the  <-<^  u,  aM.;, 
requirements  of  this  chapter,  shall  have  been  provided  Car  such  son's0"!,.,,1.  ' 

.  .       i  i>  i      names  are  not 

meetings,  and  shall  openly  and  pubhclv  do  and  peiform  the  pntneregia- 

"  fc  r  ters,  who  on 

following  acts,  namelv  :  Each  and  every  of  the  duties  and  re-  next  election 

°  '  j    .  j  (lay  would  be 

inurements  set  forth  in  subdivisions  one  and  three  of  section  y/tcrsmthe 

l  district. 

eighteen  hundred  and  fifty-eight  of  this  act.  They -hall  in  each  Proceeding  if 
election  district  receive  the  applications  for  registration  of  such  movedintothe 

,  .,  district  since 

male  residents  of  the  election  district,  whose  names  are  not  then  lastregtetra- 
borne  upon  the  registers  thereof,  as  qualified  voters  therein,  as 
shall  personally  present  themselves,  and  who,  on  the  day  of 
election  next  ensuing,  would  be  entitled  to  vote  therein  ,  and 
as  to  all  applications  made  to  them  shall  proceed  therewith  in 
the  manner  provided  in  subdivision  four  of  section  eighteen 
hundred  and  fifty-eight  of  this  act,  provided  that  if,  upon  the 
examination,  as  in  this  chapter  provided  for,  of  any  applicant 
for  registration,  it  shall  appear  that  he  has,  since  the  last  day  of 
any  general  registration  of  voters  or  revision  thereof,  in  the 
said  city  and  county  of  New  York,  moved  into  or  become  a 
resident  of  said  election  district,  the  said  inspectors  shall  inquire 
from  where  such  applicant  removed  or  came  from  ;  and  if  it 
shall  appear  that  such  removal  was  from  a  place  within  the  said 
city  and  county,  they  shall  inquire  if,  in  the  election  district  in 
which  he  resided  at  the  time  of  the  last  preceding  general  regis- 
stration  (naming  such  time),  or  in  which  he  has  resided  at  any 


<12<i  REGISTRATION  OF  VOTERS. 

time  subsequent  thereto,  he  has  been  registered,  or  has  applied 
^compiled0  ^or  registration  ;  and  if  he  shall  swear  that  he  has  not,  then 
wlth-  the  said  inspectors  shall  proceed  \vi(h  said  application  as  with 

that  of  any  other  person  who  may  apply  to  them  ;  but  if  he 
shall  swear  that  he  has  been  so  registered,  the  said  inspectors 
shall,  before  further  proceeding,  require  him  to  present  to  them 
a  certificate  of  removal,  as  provided  for  in  this  ehapter,  so  that 
his  name  shall  not  be  upon  the  registers  of  two  election  districts; 
•  and  upon  the  presentation  to  any  board  of  inspectors  of  any 
Certificate  of    certificate  of  removal,  tb<'  said  board  shall  treat  the  person  pre- 

removal,  eflVct  .         ,  .  .  ,    ,  .  .  ,.    .  .         -  . 

of.  sentmgthe  same  in  the  manner  provided  in  subdivision  four  of 

section  eighteen  hundred  and  fifty-eight  of  this  art,  for  ap- 
plicants for  registration, 
oom c soa8'*88'      §  IWOi  Any  person  who  shall  at  any  time,  as  provided  in 
Persons  remov-  this  chapter,  have  personally  applied  to  the  inspectors  of  elec- 
^weiling: to"'     tion  in  anv  election  district  of  the  city  and  countv  of  New 

another  to  M>    _       ,     _  .  .  ,  ,      ,  .         ,  . 

sonaiiy apply    York  for  registration,  and  shall  liave  in  the  registers  therof 

to  the  board  of  "  ,        i  %         *  % 

inspectors,  been  entered  as  n  quahtiod  voter,  and  who  shall  at  any  time 
prior  to  the  close  of  any  general  registration,  or  revision  of 
registration,  have  removed  from  the  dwelling-place  under 
whic  h  he  shall,  as  a  resident,  be  borne  upon  the  registers,  may, 
upon  any  day  provided  in  this  chapter  fof  meetings  of  the  in- 
spectors of  election,  other  than  the  day  of  any  election,  person- 
ally appear  before  the  said  inspectors  in  the  election  district  in 
which  he  resided  at  the  time  his  name  was  entered  upon  the 
said  registers,  during  the  hours  in  this  chapter  provided  for 
their  sessions,  and  publicly  take  and  subscribe,  before  one  of 
said  inspectors,  the  following  oath  or  affirmation,  which  shall 
be  known  as  an  oath  of  removal : 

Form  of  oath        "  j?  residing  at  number  in  the 

election  district  of  the  assembly  district 

of  the  city  and.  county  of  New  York,  do  solemnly  swear  (or 
affirm  i  that  I  am  duly  entered  in  the  registers  of  said 

election  district,  from  said  residence  as  a  qualified  voter,  and  that 
1  have  removed  my  place  of  residence  to  number 

in  the  election  district  of  the  assembly  district 
of  said  city  and  county,  and  I  do  hereby  request  that  the  proper 
entries  and  records  be  made  as  the  same  are  provided  for  by 
law,  and  that  a  certificate  of  removal  be  furnished  me  at  this 
time." 

b^ttebtu**^       Upon  such  oath  or  affirmation  being  made  and  subscribed  as 
of  elections.     herein  provided,  it  shall  be  the  duty  of  the  said  inspectors  to 
carefully  preserve  the  same,  and  file  within  twenty-four  hours 
after  the  close  of  any  general  registration,  or  revision  of  regis- 
casetobe      tration,  in  the  bureau  of  elections.    And  upon  any  such  person 
so  taking  and  subscribing  said  oath  of  removal,  the  said  inspec- 


REGI8TBATI0K  of  VOtEBRS.  621 

tors  of  election,  if  B%tjsfied  of  the  identity  of  the  person  making 
the  same  with  the  person  he  claims  to  he,  as  the  description  of 
said  last-mentioned  person  shall  appear  on  the  resistors,  and  if 
not  satisfiod  therewith,  shall  at  once,  by  a  police  officer  present, 
or  hy  any  one  whom  said  hoard  shall  especially  authorize,  make 
an  examination  and  inquiry  at  the  place  of  residence  of  said 
person,  as  the  same  shall  he  entered  upon  the  registers  as  to  the 
fact  of  the  removal  of  such  person  from  said  dwelling-place,  S^^J&Tfc 
when  if  his  removal  therefrom  shall  he  found  hy  the  report  of  ^'eJjtoDe 
such  person  to  be  a  fact,  shall  immediately  proceed  to  strike  made- 
from  said  registers  the  name  of  such  person  by  entering  in  each 
of  the  registers,  opposite  to  and  against  the  name  of  any 
such  person,  and  in  the  column  headed  "  why  disqualified,"  the 
word  "removed;"  in  the  column  headed  "date  of  erasing  name," 
the  month,  day  and  year  of  such  striking  from  said  registers 
such  name;  and  in  the  column  headed  "remarks,"  the  words 
"  transferred  to,"  together  with  the  number  of  the  election  and 
assembly  districts  to  which  such  person  shall,  in  his  oath  of  re- 
moval, state  he  has  removed,  and  the  initial  letters  of  the  name 
of  the  inspector  who  shall  in  each  of  said  registers  make  such 
entries;  and  shall,  through  the  name  of  any  such  person,  as  the 
same  shall  appear  on  said  registers,  and  there  only,  draw  a  lino 
as  indicative  that  such  name  is  erased  from  the  registers  of  that 
election  district,  and  the  name  of  any  such  person  so  found 
stricken  and  erased  from  said  registers,  shall,  as  to  his  name  and 
residence  at  the  place  in  said  registers  entered  under  the  column 
of  "residence,"  be  thereafter  considered  by  the  bureau  of  elec- 
tions, all  inspectors  of  election,  and  all  other  election  officers  to 
be  stricken  from  the  registers  of  that  election  district,  and  shall 
be  treated  as  if  never  entered  thereon.    If  the  dwelling  place  to  Ke e,lt.r>' of  th,; 

°  1  name  in  sam; 

which  any  such  person  shall  have  removed,  be  within  the  bound-  district  register, 
aries  of  the  same  election  district  as  was  his  former  residence,  as 
stated  in  the  registers  of  said  election  district,  the  said  inspec- 
tors shall  in  said  registers,  under  the  number  or  other  descrip- 
tion of  the  dwelling-place  to  which  such  person  has  removed, 
enter  his  name,  and  in  the  several  columns,  opposite,  and  against 
the  same,  such  words  and  figures,  as  prior  to  the  striking  from 
or  erasing  of  the  name  of  such  person  in  the  manner  in  this 
section  above  provided,  were  in  the  column  similarly  headed 
and  opposite  to  and  agaiust  the  name  of  each  person  as  upon  in  case  of  re- 
said  registers,  it  appeared  under  the  dwelling-place  from  which  "hodistrict 
he  shall  have  declared  he  has  removed;  and  if  the  dwelling-place  mspeotors of ^ 
to  which  any  such  person  shall  have  removed,  shall  be  within  to  issue  cerao- 

.  r  cate  of 

the  boundaries  of  any  other  election  district  than  was  the  resi-  removal 
dence,  under  which  he  was  previously  entered  on'saidj  registers, 
the  said  inspectors  of  election  shall  fill  up.  sign,  and  deliver  to 


•  ■.22 


KKfJISTHATION  oF  VOTERS. 


such  person  a  certificate,  which  shall  be  -known   as  a  cer- 
tificate of  removal,  and  shall  be  in  th"  words  and  figures  follow 
ing,  to  wit : 

"certificate  of  removal. 

c&cato.         "  Pp^wg  place  of  the  election  district, 

assembly  district  city  of  ,\cw 

York,  IS  To  the  board  of  inspectors 

of  election,  election  district, 

assembly  district. 

"  This  is  to  certify  that  the  name  of 

heretofore  residing  at 
in  this  election  district,  has  bcon  by  Ub,  the 
inspectors  of  election  in  this  district,  stricken  from  the  registers 
of  this  district  and  the  proper  erasures  made  upon  the  oath  of 
removal,  and  at  the  request  of  said  above-mentioned  person;  and 
that  upon  the  registers  of  this  election  district  wen  < -1  it . -red  as  to 
him  the  following  statements: 

Name  Residence 

Sworn  Nativity 

Color  Term  of  residence 

Assembly  district  County 

State  Naturalized 

Date  of  papers  Court' 

Qualified  voters  Date'of  application 


[?oT>,ch.G75,iij,       §  1S01 .  The  inspectors  of  election  in  each  election  district  shall, 
inspectors  of    011  eacn       of  any  general  registration,  before  adjourning,  enter  in 
teMn^p'uwrc    oacn  °f  two  books  prepared  for  that  purpose,  one  of  which  shall  be 
-election  bu-    known  as  a  public  copy  of  the  registers,  and  the  other  of  which 
regi'steTa'ii  en-  shall  be  known  as  the  election  bureau  copy  of  the  registers,  all  such 
tries  of  that     names  an(j  residences,  and  all  such  data,  information,  andstate- 
Kooksof  regis-  ments  as  during  the  day  have  been  entered  by  the  inspectors  of 
{weueachTay.  election  in  the  registers  provided  in  this  chapter.  And  the  whole 
six  books  shall,  on  each  of  said  days,  after  the  completion  of  such 
copies  of  the  registers,  be  carefully  compared  throughout,  so  that 
each  of  the  registers  and  the  copies  thereof  shall,  in  every  re- 
spect, agree  with  each  other,  and  contain  the  name  and  residence 
of  each  person  who  shall  have  applied  for  registration,  and  the 
facts  respecting  him,  as  the  same  shall  have  been  stated  by  him 
and  entered  in  the  registers,  as  provided  in  this  chapter.  The 
said  inspectors  shall,  on  the  last  day  of  any  general  registration. 


KKtilsTUATIoN    OK  VOTKKS. 


Certify  each  of  said  copies  in  the.  saint)  manner  as  if  it  WOT8  an  Eart «py to be 
original,  and  within  forty  eight  hums  after  their  adjournment  on 

said  last  day  of  any  such  general  registration  shall  lile  the  dec-  m*i 
tion  bureau  copy  of  the  registers  with  the  chief  <>f  the  bureau  of 

elections  at  his  office,  where  the  same  shall  be  carefully  pre- 
served. And  the  said  inspectors  shall,  on  the  last  day  of  any  re-  £^^3$, 
vision  of  registration,  before  adjourning,  make  a  copy  of  the  bemfde  tob« 
registers  as  they  shall  then  be  made  up  for  the  election  next  ,'",,l,'.k  !,„1'i';M" 
ensuing,  which  copy  shall  be  marked  and  known  as  a  public  "' 
copy,  and  shall  be  certified  as  a  copy  of  the  original  registers  as 
then  existing  for  the  election  next  ensuing;  and  they  shall  also  iV^T',.1  ',. 
make,  fill,  and  certify,  in  blanks  to  be  prepared  and  furnished  for  |JjP" 
that  purpose,  tire  name  and  all  such  other  particulars  as  shall  be  S^SaSSnEo™ 
entered  against  or  opposite  to  the  name  of  any  person  which,  hav-  10-'' 
ing  been  once  entered  upon  their  registers,  shall  have  been,  on  the 
days  of  any  such  revision  of  registration,  for  any  reason  stricken 
therefrom,  as  provided  in  this  chapter,  together  with  the  name 
and  all  such  other  particulars  as  shall  be  entered  against  or 
opposite  to  the  name  of  any  person  who  shall,  on  any  such  day 
of  revision,  have  been  added  by  them  to  the  said  registers;  and 
said  blanks  so  filled  up  and  certified,  shall,  within  forty-eight 
hours  after  the  close  of  any  revision  of  registration,  be  left  by  Jobeiefta* 

J  °  J    bureau  of 

one  of  said  inspectors  at  the  bureau  of  elections;  and  it  shall  be  elections. 

the  duty  of  the  chief  of  the  bureau  of  elections  to  immediately 

enter,  or  cause  to  be  entered,  in  the  election  bureau  copy  of  the  Entries  to  bo 

registers  of  each  election  district,  on  file-  in  his  office,  all  the  "bureiwjco^ 

proper  and  necessary  entries  requisite  to  make  said  copy  conform 

to  said  registers,  and  be  always  a  copy  thereof, 

§  1SG2.  The  inspectors  of  election  in  each  election  district  in  ^8,(^,'fl\, 
said  city  and  county  of  New  York  on  each  day  of-  any  general  Registers  at 
registration,  or  revision  of  registration,  and  before  adjourning,  registration 

.    v.  ,      „    i  •  ,  i  i  •      j,  day  to  be  ruled 

shall,  on  each  of  the  registers,  and  on  each  copy  or  copies  there-  orr  after  the 
•  *  •■         '-i-iin  ii?     -i-i      -i    'ast  name  en- 

of,  as  in  this  chapter  it  is  provided  shall  on  each  of  said  davs  be  terad  to  prevent 

'  r  1  -ii-i.il  fa'se  entries, 

made  or  kept,  draw  in  ink  immediately  below  the  last  name 

entered  underneath  each  dwelling  place  and  below  the  last  writ- 
ten words  and  figures  entered  opposite  to  or  against  such  last 
name  in  each  column,  save  that  of  residence,  a  heavy  line  as 
indicative  of  the  fact  that  the  entering  of  names  on  the  said 
registers  for  the  day  mentioned  in  the  column  headed  <;date  of 
application,"  and  opposite  to  or  against  the  name  of  the  last  per- 
son entered  under  any  dwelling  place,  there  ceased. 

§  1S63.  The  inspectors  of  election  in  each  election  district  in  id.  §so. 
the  city  and  county  of  New  York,  shall,  in  a  place  to  be  provided  ml^'mm0 
therefor  on  each  of  the  registers  required  in  this  chapter,  fill  up,  cates' 
date,  and  each  sign  with  his  name  and  place  of  residence  the 
appropriate  and  proper  certificate,  which  shall  be  either  printed 


624 


(  KKTIFICATE  OF  INSPECTORS  OF  ELECTION. 


or  written,  and  for  a  general  registration  shall  be  in  the  words 
IteSsraJ1  and  figures  following,  to  wit :  "  We,  the  undersigned  inspector; 
registration.     0f  election,  in  the  election  district  of  the 

assembly  dist  rict  of  the  city  and  county  of  New  York, 
do  jointly  and  severally  certify  that  at  the  general  registration  of 
voters  held  in  the  said  election^listrict,  on  the 
days  of  and  the  days  of 

in  the  year  there  were  regis- 

tered by  us  as  qualified  voters  in  the  said  election  district,  the 
names  which  in  this  book  arc  entered  as  of  said  days,  and  that 
the  number  of  such  registered  qualified  voters  was  and  is 

'Dated  New  York,  ,18  . 


Form  of 
revision  of 


And  for  a  revision  of  any  general  registration,  said  certificate 
regisu-rs.        shall  be  in  the  words  and  figures  following,  to  wit:  "  VkVe,  the 
undersigned  inspectors  of  elections,  in  the 

election  district  of  the  assembly  district  of  tho 

city  and  county  of  New  York,  do  jointly  and  severally  certify 
that  at  the  revision  of  the  last  general  registration  of  voters  held 
in  said  election  district,  on  the  days  of 

in  the  year  of  ,  there 

were  by  us  added  to  the  registered  qualified  voteis  of  said  elec- 
tion district,  the  names  which  in  the  registers  are  so  entered  as 
of  the  said  days,  and  that  such  number  was  and  is 

,  and  that  there  were  stricken  from  the  registered 
qualified  voters  of  said  election  district,  the  nanus  which  in  the 
register  appear  on  said  days  to  have  been  stricken  off  and  erased 
in  the  manner  prescribed  by  law,  and  that  such  number  was 
and  is  ,  leaving  the  total  number  of 

registered  qualified  voters  in  said  election  district  for  the  next 
ensuing  election  ,  which  is  the  num- 

ber of  names  now  borne  in  this  book  as  sweh  qualified  voters  for 
such  election. 

"  Dated  New  York.  .IS  . 


ch.  tto 
Conip.  812 


§  1864.  The  inspectors  of  election  in  each  election  district  in 
the  city  and  county  of  New  York  shall,  after  making  and  sign- 
ing either  of  the  aforesaid  certificates,  retain  and  carefully  pre- 


DLTIl-S  OK  INSI'KCTOlfS  ON   ELECTION  DAY.  trj:, 

serve  all  the  said  registers  provided  for  in  this  chapter— each 

JllS|M Tic. I  ,  |.i 

spector  retaining  the  hook  which  lie  made,  or  of  which  Ik;  had 
the  custody  and  care  on  the  days  of  any  registration,  or  revision  • 
of  regifltrtion-  for  their  use  on  the  clay  of  the  next  ensuing  elec- 
tion.   The  public  copy  of  the  registers  they  shall,  at  the  clc  SO  of  Public  cow  •  << 
their  proceedings  on  each  day  ok  any  general  registration,  and  luStowtoS 
upon  the  determination  of  their  proceedings  on  the  last  day  of  MM'""'  '' 
any  revision  of  registration,  leave  suspended  in  the  place  where 
such  registration  or  revision  of  registration  was  conducted, 
where  it  shall  be  and  remain  until  the  next  meeting  of  the  rid 
inspectors,  whether  such  meeting  he  for  the  purpose  of  registra- 
tion, revision  of  registration,  or  election,  to  the  end  that  the 
same  may  be  inspected  and  copied  by  any  elector  in  said  cit  y  and 
county.  But  on  the  day  of  any  election  the  said  inspectors  "shall 
take  possession  of  said  public  copy,  and  the  chairman  shall  dtapoaod 
closely  retain  the  same  throughout  the  said  day,  returning  it  to  °f' 
the  chief  of  the  bureau  of  elections,  as  provided  in  this  chapter, 
for  the  return  of  the  registry  kept  by  him,  and  with  said  regis- 
ter; and  said  copy  shall  Jbe  by  the  said  chief  of  the  bureau  of 
elections  retained  and  preserved  and  filed  in  said  bureau. 

§  1S65.  It  shall  be  tne  duty  of  the  inspectors  of  election  in  isa.ch.  roe, 
each  election  district,  on  each  day  of  general  registration  or  re-  inspector*, 
vision  of  registration,  and  before  adjourning,  to  copy  from  the 
registers  the  names  and  residences  of  all  persons  registered  upon 
that  day,  so  that  the  names  of  those  persons  having  the  same 
residence  shall  appear  together  in  the  form  and  maimer  follow- 
ing, namely: , 

List  of  voters  registered  in  the  election  district,  of  Fon'1 

the         assembly  district,  of  the  city  and  county  of  New  York, 
on  the  .   day  of  ,  eighteen  hundred  and 


duties  of,  to 

copy  names. 

etc." 


Residence. 

Xauie. 

141  East  32d  street  

Hill,  John  H. 
Stevenson,  Benj.  K. 
Denison,  Wm.  M. 
Harrison,  George  E. 
Williams,  James  S. 

i,          tt  it 

tt 

143          "  "   

»« 

And  they  shall  append  thereto  a  certificate  signed  by  each  of  oeraflcat. 
them,  in  the  words  and  figures  following,  namely:    "We,  the  f 
undersigned  inspectors  of  election,  in  the  election  dis- 

trict, of  the  assembly  district,  of  the  city  and  county 

of  New  York,  do  jointly  and  severally  certify  that  the  list  here- 


DUTIES  OP  INSPECTORS  ON  BtECTION  DAY. 


unto  annexed  Is  a  true  and  correct  copy  of  the  Dames  and  resi< 
dences,  upon  the  registers,  of  all  persons  who  have  been  regis - 
h  n  'I  by  us  as  qualified  voters  in  the  said  election  district,  this 
day  of  ,  in  the  year 


SiSffiS*  And  it  shall  he  the  duty  of  the  chairman  of  the  hoard  of  in- 
spectors  of  election,  in  each  election  district,  to  deliver  such  list, 
copy,  and  certificate,  prepared  in  the  manner  herein  prescribed, 
immediately  upon  the  completion  thereof,  to  the  captain  of  the 
police  precinct  in  which  the  election  district  is  situated;  and  it 
urereameto  shall  be  the  duty  of  such  captain  to  deliver  the  same,  "without 
glyBecortu  delay,  and  within  twelve  hours  after  the  close  of  each  day  of 
general  registration  or  revision  of  registration,  to  the  supervisor 
Of  the  City  Record.  It  shall  be  the  duty  of  the  chief  of  the 
bureau  of  elections  to  prepare  and  furnish  to  the  inspectors  of 
elections  in  each  election  district  the  necessary  blanks  and  foims 

PenaJtj  tor      as  prescribed  in  this  section.    Any  inspector  of  election  who 

violation  or  *  *  * 

ibis nd  shall  neglect  or  refuse  to  comply  with  the  recmirements,of  this 

ection.  shall  be  liable  toa  penalty  of  one  hundred  dollars,  recov- 
erable by  the  board  of  police  by  civil  action,  in  any  court  of 
record,  in  the  name  of  the  treasurer  of  the  board,  and  for  tho 
use  and  benefit  of  the  police  fund. 

i872,cb.875,S2a  1SGC.  The  inspectors  of  election  in  each  election  district  of 
i  oueieo- '   the  city  and  county  of  New  York,  shall,  on  the  day  of  any  elec- 

No  vote  to  be    tion  therein,  have  with  them  at  the  polling-place  in  said  district 

name  found  on  the  registers  provided  for  in  this  chapter.  They  shall  each  make 
use  of  one  of  said  registers  for  guidance  on  said  day,  and  no 
vote  shall  be  received  from  any  person  whose  name  shall  not  be 
found  by  at  least  three  of  them  to  be  upon  at  least  three 

thVnameof  *nc  sa^   registers   as  a    qualified  voter.    The  chairman 

anCnomS°be  °f  sa*&  inspectors  in  each  election  district  shall,  if  pres- 
ent, and  if  absent,  then  one  of  the  other  inspectors  shall, 
upon  any  person  offering  to  vote,  announce  in  a  loud,  clear,  and 

xo  vote  to  bo    (]istinct  manner  the  name  of  such  person,  and  no  ballots  shall  be 

received  until  .  *  ' 

fiwuheuame    received  by  either  of  the  [inspectors,  or  deposited  in  any  of  the 
on  registers,     ballot-boxes  until  at  least  three  of  the  said  inspectors  shall,  as 
hereinabove  provided,  have  examined  and  found  the  name  and 
residence  of  such  person  and  have  declared  the  same,  and  that 
"ived'slnspee-  such  person  is  entered  as  a  qualified  voter;  when,  if  the  vote  of 
the^iames'on^  sa^  person  is  received,  at  least  three  of  the  inspectors  shall 
the  registers,     write  in  the  appropriate  colu  in  ii  bearing  the  heading  "voted,*' 
and  opposite  to  the  name  and  i-esidence  of  such  person,  the 


DUTIKS  OK  INSI'KCTOIiS  ON  KLKCTION  DAY.  6l'7 

Word  "ves."    Jt  shall  be  the  duty  of  cadi  Of  the  inspectors  to  fomectonto 
J  j  i  note  votes 

note  on  the  register  hi  his  possession,  in  a  suitable  and  separate  r^!toSli^i0 
part  thereof,  the  name  and  residence  of  each  and  every  person,  SmVnanu* of' 
if  any,  whose  vote  shall  he  received  in  contravention  of  the  pro-  "" 
visions  of  tin's  section,  and  the  name  of  the  inspector  or  inspec: 
tors,  if  any,  who  shall  so  receive  or  deposit  in  the  ballot  boxes, 
or  either  of  them,  any  such  vote;  and  it  shall  further  be  the  ,i 
duty  of  each  of  the  inspectors,  immediately  on  the  dose  of  the  cntuMond' 
polls  on  the  day  of  election,  to  compare  the  said  registers  as  I',/!.',1.!.,1;,'!!,'.;"" 
kept  by  them,  as  herein  provided,  and  attach  to  i  hem  a  certifi- 
cate in  writing  that  the  same  are  correctly  checked,  and  within 
twenty-four  hours  after  the  completion  of  the  canvass  of  the 
v<»tcs  cast  in  the  election  district  in  which  they  served,  to  leave 
said  registers  at  the  office  of  the  chief  of  the  bureau  of  elections, 
whose  duty  it  shall  be  to  file  and  preserve  the  same,  a--  provided 
in  this  chapter.    And  in  no  election  district  in  the  said  city  and  1 ' 

county  shall  any  inspector,  who  has  custody  or  charge  of  either  twBratuSIf 
of  the  registers  in  this  chapter  provided  for,  ever  permit  said  SuwSwsS^*0 
register  to  leave  his  possession  from  the  time  of  receiving  custody 
of  the  same  until  he  shall  file  the  same,  as  provided  in  this  chap- 
ter, save  in  the  event  of  his  resignation  or  removal,  and  the  ap- 
pointment as  provided  in  this  chapter  of  his  successor,  when  he 
Bhall  promptly  surrender  and  turn  over  the  same  to  him. 

§  1867.  The  chief  of  the  bureau  of  elections  shall,  from  time  compVs?'120' 
to  time,  and  at  all  times,  have  full  power  and  authority  to  make  Chief  of  eiec 

1  -  tion  bureau  to 

or  cause  to  be  made,  such  full,  complete,  and  accurate  copies  as  copyandkeep 

'  '  r         '  r  records  of 

he  shall  deem  necessarv,  of  therecordsof  the  names,  residences,  deathsoi 

j }  '  ,  '  voters, 

age,  date,  and  cause  of  death  of  each  male  person  who  shall  die 
in  the  city  and  county  of  New  York,  as  the  facts  in  respect  to 
such  death  shall  be  furnished  to,  or  the  said  records  shall  be  kept 
by,  the  register  of  records,  in  the  department  of  police,  or  board 
of  health  in  the  city  of  New  York,  and  shall  keep,  preserve,  and 
file  in  his  office  all  such  copies  of  said  record. 

§  1868.  It  shall  be  the  duty  of  the  chief  of  the  bureau  of  elec-  JJ*8"^  J 
tions,  from  time  to  time,  as  he  shall  obtain  the  names  and  facts  J£™^fT*tuec^ 
as  to  death  provided  in  .the  preceding  section,  to  so  arrange  the  f,'?^^'^  "y 
names  of  all  male  persons  twenty-one  vears  of  age  and  upward,  dwtricta.  with 

r  »  •/  c3  i  7    resirlenees.  etc. 

who,  by  his  records,  appeared  to  have  died  subsequently  to  the 
passage  of  this  act,  as  that  alphabetical  lists  by  assembly  dis- 
tricts, With  residences,  ages,  and  a  full  statement  of  all  particu- 
lars may,  at  any  time,  be  made  therefrom;  .and  from  the  names  to  furnish  copy 
and  facts  so  arranged,  to  have  prepared  and  made,  or  printed,  tor*0  lnspec' 
and  to  cause  to  be  delivered  to  each  inspector  of  elections  in  each 
election  district  in  the  city  and  county  of  New  York,  on  or  be- 
fore the  organization  of  the  board  of  inspectors  in  each  district 
on  the  first  day  of  any  revision  of  registration,  an  alphabetical 


028 


DUTIES  OF  CHIEF  OV  HUJiKAU  OF  ELECTIONS. 


To  be  called  the 
"record  of 
deaths." 


Inspectors  to 
attach  "record 
of  deaths"  to 
registers. 


itegliitt-r.-i  i"  be 
corrected  by 
"record  of 

deulllS." 


is-, 2.  di  d:,.  531, 
Comp.  81 1. 
Chief  of  bureau 
to  prepare  an- 
other "record 
of  deaths." 


Called  ''addi- 
tional record  of 
deaths." 
To  furnish  copy 
to  each  inspec- 
tor to  be  at- 
tached to 
registers. 
On  opening  of 
polls  the  regis- 
ters to  be  cor- 
rected by  "ad- 
ditional record 
of  deaths." 


187-2,  eh.  t::>, 
§32.  Comp.  61! 


record  of  the  male  persons  twenty-one  years  of  age  and  upward, 
who,  in  the  assembly*  district  in  which  »the  election  district  in 
which  the  inspector  is  to  serve,  since  the  third  day  prior  to  the 
day  of  the  last  preceding  election,  and  within  at  least  five  days 
prior  to  any  such  first  day  of  revision  of  registration,  have  died. 
Said  record  shall  he  known  and  designated  as  a  record  of  deaths; 
and  it  shall  he  the  duty  of  each  of  the  inspectors  of  election  in 
each  election  district,  upon  the  receipt  of  such  record,  to  securely 
attach  the  same  to  the  inside  of  the  register  in  his  custody,  to  the 
end  that  it  may  he  preserved;  and  on  the  first  day  of  any  meeting 
of  the  inspectors  of  election  in  any  election  district,  held  for  the 
purpose  of  a  revision  of  registration,  it  shall  he  the  duty  of  each  in- 
spector, ;is  soon  as  the  organization  of  the  hoard  of  inspectors  is 
<  ompleted,  to  examine  the  register  in  his  custody,  and  as  to  the 
name  of  every  person  upon  said  registers,  who  by  said  reoord  of 
deaths,  shall,  hy  a  coincidence  in  respect  to  said  name  and  facts, 
appeared  to  have  deceased,  and  opposite  to  and  against  every 
such  name,  to  enter,  in  the  column  headed  "why  disqualified," 
the  word  "dead, "in  the  column  headed  "date  of  erasing  name,"' 
the  month,  day,  and  year  of  such  erasing,  and  in  the  column 
headed  "remarks,"  the  words  "stricken  from  registers,"'  adding 
against  each  such  entry  made  in  the  column  of  "remarks,"  the 
initial  letters  of  the  name  of  the  inspector  making  such  entry, 
and  through  the  name  of  every  person  so  stricken  from  the 
registers,  and  then  only,  shall  draw  a  line  as  indicative  that 
such  name  is  erased  from  the  register  of  that  election  district. 

§  1SC9.  It  shall  further  he  the  duty  of  the  chief  of  the  hureau 
of  elections  to  prepare  hy  assembly  districts,  in  the  manner  set 
forth  in  the  preceding  section,  an  additional  record  of  such 
deaths  as  shall  have  occurred  subsequent  to  the  date  of  the  rec- 
ord of  deaths  provided  for  in  the  preceding  section,  and  within 
at  least  three  days  prior  to  the  day  of  any  such  local  election  held 
in  the  city  of  New  York.  Said  record  shall  he  known  and  des- 
ignated as  an  additional  record  of  deaths,  and  a  copy  thereof 
shall,  on  or  before  the  opening  of.  the  polls  in  each  election  dis- 
trict on  the  day  of  any  such  local  election,  be  furnished  to  each 
inspector,  who  shall  securely  attach  the  same  to  the  inside  of 
his  register,  to  the  end  that  it  may  be  preserved,  and  he  have 
the  same  during  the  day  of  election  with  him  at  the  polling- 
place,  and  on  the  opening  of  the  poll  shall  proceed  to  make  the 
same  examination,  entries,  letters,  and  lines  as  to  the  name  of 
any  registered  person  found  upon  said  additional  record  of 
deaths,  as  is  provided  for  in  the  preceding  section  in  the  case  of 
the  name  of  a  registered  person  found  on  the  record  of  deaths. 

§  1870.  The  record  of  deaths,  and  the  additional  record  of 
deaths,  provided  for  in  this  chapter  and  furnished  to  each  in- 


REGISTRY  ami  POLLING  PLACES. 


029 


Bpector,  shall  bo  loft  by  him  with  tho  chief  of  tho  bureau  of  elec- 
tions at  the  time  and  in  the  manner  provided  for  the  return  of 
tho  register  used  by  him  on  the  day  of  any  local  election,  and 
with  such  register. 

§  1871.  From  and  after  tho  passage  of  this  act,  it  shall  bo  the 
duty  of  each  of  the  clerks  of  the  courts  of  oyer  and  terminer 
and  general  and  special  sessions,  to  prepare,  and  on  or  before  the 
fifth  day  of  each  and  every  month,  to  file  with  the  chief  of  the 
bureau  of  elections  a  certified  record  containing  the  name,  resi- 
dence, and  age  of  each  and  every  person  convicted  in  each  of 
said  courts  respectively  of  an  offense  punishable  by  death  or  im- 
prisonment in  a  State  prison,  during  the  month  immediately  pre- 
ceding, stat  ing  the  alias  or  aliases  of  every  such  person,  if  known  ; 
the  offense  with  which  charged  ;  tho  action  of  the  court ;  and  if 
sentenced,  tho  sentence  imposed,'  and  whether  confined  in  a 
State  prison  or  a  penitentiary.  Any  clerk  of  either  of  said  courts 
who  shall  fail,  neglect,  or  refuse  to  comply  with  the  provisions 
or  requirements  of  this  section  shall,  for  each  and  every  such 
offense,  be  deemed  guilty  of  a  misdemeanor. 

§  1ST2.  Any  person  who  is  a  qualified  voter  in  the  city  and  coun- 
ty of  New  York  may,  upon  any  day  of  registration,  or  revision  of 
registration,  or  of  election,  challenge  and  contest  the  right  of 
any  person  to  be  registered  in  any  election  district,  or  to  vote  at 
any  poll  in  the  said  city  or  county, or  may  require  tho  name  of  any 
registered  person  to  be  marked  for  challenge,  and  on  any  such 
day  or  days  shall  be  entitled  to  be  heard  by  the  inspectors  of 
election  in  any  election  district  in  relation  to  corrections  of  or  ad- 
ditions to  their  registers. 

§  1S73.  Hereafter  the  board  of  pojice  of  the  city  of  New 
York  shall  designate  and  appoint  the  place  of  registry  and  poll- 
ing-place in  each  of  the  election  districts  of  the  city  and  county 
of  New  York,  and  shall  hire  all  such  places;  and  cause  the 
same  to  be  fitted  up,  warmed,  lighted,  and  cleansed,  and  the 
work  of  registation  shall  be  carried  on  at  the  places  so  desig- 
nated for  such  purposes.  But  in  each  election  district  such  place 
shall  be  in  the  most  public,  orderly,  and  convenient  portions  of 
the  district,  and  no  building  or  part  of  building  shall  be  desig- 
nated or  used  as  a  place  of  registry,  revision  of  registration,  or 
polling-place,  in  which,  or  in  any  part  of  which,  spirituous  or 
intoxicating  liquor  is  sold,  or  has  been  sold  within  sixty  days 
next  preceding  the  time  of  using  the  same  ;  and  no  place  shall 
be  designated  or  used  for  any  such  purpose  without  the  same 
shall  be  well  lighted  with  gas — unless  there  shall  be  no  place  in 
the  district  obtainable  which  is  so  lighted — and  the  unoccupied 
space  allowed  in  front  of  the  ballot  boxes,  in  any  polling-place, 
shall  be  equivalent  to  a  room  at  least  twelve  feet  square. 


•  Reoord  of 

•  l.-uihu."  and 
"additional  [-.-• 
ord  of  deaths,' 

in  )„■  Died  vtth 

thief  of  l.i  1 1 .  if 


M.  (33. 

Qan  of  courts 
to  make  month 
Jy  reports  to 
chief  of  Imrean 
of  persons  con- 
victed of  crimes 
punishable 
with  death  or 
imprisonment 
In  State  prison. 


Neglect  a 
misdemeanor. 


Id.  |84. 

Qualified  voters 
may  challenge 
right  to  register 
or  votn, 


Id.  (30. 

Board  of  police 
to  designate, 
hire,  and  tit  up 
all  polling- 
places. 
Location  of 
polling-places. 


Not  in  any 
building  where 
liquor  Is  sold,  or 
has  been  sold 
within  CO  davs 


630 


POWERS  OF  ELECTION  ♦OFFICERS. 


1874,  ch.  0«1,  i 

Beg  titration  of 

VOttTH 


wcompT8i(i.  1S7J-  At  every  election  held  in  the  city  and  county  of  New 

Eaoh political    York,  each  political  party  shall  have  Che  right  to  designate. 

party  to  have,  ,  -  *  .  Jl 

.  haik-nKcra  at   place,  and  keep  a  challenger  at  each  place  of  registration,  revis- 

places  of  regis-    .  e         .  .  .  1  "  ' 

eWHoi.'"''1  10,1  registration,  and  voting,  who  shall  he  assigned  suc  h  posi- 
tion immediately  adjoining  the  inspectors  of  election  as  will  en- 
able him  to  see  each  person  as  he  offers  to  register  or  vote,  and 
who  shall  be  protected  in  the  discharge  of  his  duty  hy  the  in- 
spectors of  election  and  the  police.  Each  polititical  party  may 
remove  any  challenger  appoint"  d  by  it,  and  all  vacancies  which, 
from  any  cause,  shall  arise,  shall  he  hHed  hy  the  same  party, 
power,  and  authority  as  conferred  the  original'apjiointment. 
urawnded  §  1875.  No  person  who  is  registered  in  one  election  district 

shall  register  or  cause  himself  to  he  registered  in  another  district 
while  any  prior  registration  remains  unerased,  or  ill  any  other 
manner  than  is  in  this  chapter  provided  ;  hut  if  in  the  event  of 
any  revision  of  any  general  registration  in  any  portion  of  the 
city  and  county  of  New  York,  any  person  shall  present  himself 
before  any  hoard  of  registration  for  the  purpose  of  being  regis- 
tered as  a  voter,  and  it  shall  appear  that  the  name  of  such  per- 
son is  borne  upon  the  registry  of  any  election  district  other  than 
that  in  which  he  shall  at  the  time  of  such  revision  make  appli- 
cation for  registration,  and  that  since  the  day  of  the  preceding 
election  or  registration  he  has  removed  from  the  district  in 
which  he  was  then  registered  to  the  district  in  which  he 
shall  at  the  time  of  any  such  revision,  apply  for  registration, 
and  it  shall  also  appear  that  there  is  no  meeting  of  the  board  of 
inspectors  in  the  district  in  which  his  name  shall  be  borne  upon 
the  registry  for  the  purpose  of  revision,  then  and  in  such  event 
oath  of         the  oath  of  removal  may  be  made  before  any  member  of  the 

removal,  before  ...  . 

whom  made  board  of  inspectors  in  any  district  to  which  he  shall  have  removed, 
and  the  person  so  appearing  at  any  such  revision  of  registration 
shah1  be  entitled  to  all  the  rights  and  privileges  to  which  he 
would  be  entitled  were  the  registration  a  general  registration, 
and  the  said  person  making  an  original  application  for  registra- 
tion. 

ld  S38-  §  1S7C.  For  all  powers,  authority,  and  duties  in  this  chapter 

Concurrence  of  .,     .    «  _         ,  ,     ,,        ..  .     -  . 

majority  of  prescribed  for  or  conferred  upon,  and  all  action  required  of  m- 
required.  spectors  of  election,"  or  of  a  board  of  said  inspectors  of  election, 
save  where  such  authority  or  action  is  specifically  allowed  to 
each  of  said  inspectors,  the  concurrence  or  assent  of  a  majority 
of  all  the  inspectors  of  election  in  any  election  district  must  in 
all  cases  be  obtained, 
w.  $8».  §  1877.  The  several  offices  of  inspectors  of  election  and  poll- 

polfnrlerks  heki  clerks,  in  this  chapter  named  and  created,  are  and  shall  be  in  all 
dtetrictrtHwrs.  courts  and  proceedings  deemed  and  held  respectively  to  be  elec- 
tion district  offices,  and  it  shall  be  the  duty  of  the  said  inspect- 


Pi  »LLr LISTS, 


•  631 


ors  of  elections  and  poll-clerks  respectively,  or  of  a  majority  of 

the  said  inspectors,  to  be  in  constant  attendance  during  the  hours  1 10 

and  times  fixed  for  the  discharge  of  their  several  duties. 

§  187S.  All  data  and  statistics,  and  all  registers,  poll-hooks,  jJJc^JV 
and  records  of  every  kind  and  nature  which,  under  this  chapter,  taKbtan, 

J  1  books,  paper*. 

or  under  any  law  of  this  State,  or  which  in  compliance  with  any  {jjjjjgjjj^*0 
direction,  resolution,  or  order  of  the  hoard  of  police  of  the  city 
of  New  York,  are  or  may  he  required  to  he  made,  ascertained,  or 
kept  by,  or  returned  to  or  filed  with  cither  the  chief  of  the  bu- 
reau of  elections  or  the  register  of  records,  in  the  hoard  of  health, 
shall  at  all  times,  during  office  hours,  be  open  to  the  inspection, 
examination,  comparison,  and  copying  of  any  ptizen  or  elector, 
free  of  any  charge  whatsoever. 

1879.  Any  inspector  of  election,  poll-clerk,  or  other  officer  of  elec. 

of  elections,  oi  any  challenger  appointed  in  compliance  with  the  ^nJui'JS^T* 
provisions  of  this  chapter,  or  any  person  designated  as  provided  SSftomSta 
in  this  chapter  to  be  present  at  the  canvass  of  any  ballots,  shall  f,''"/"  ,.tc.,  into 
at  any  time  between  the  Tuesday  five  weeks  preceding  the  day  ^tai«catl"n  of 
of  any  general  or  local  election  held  in  the  city  or  county  of  New 
York,  and  ten  days  after  the  first  official  promulgation  by  the 
board  of  county  canvassers  of  the  canvass,  declaration,  and 
certificate  of  the  result  of  any  such  election,  have  full  power  and 
authority  to  make  a  thorough  and  effective  canvass  of  the  elec- 
tion district  in  and  for  which  he  has  been  or  was  designated  to 
serve  and  act,  upon  any  day  of  registration,  revision  of  registra- 
tion, or  election,  and  to  make  full  inquiry  respecting  any  and 
every  male  resident  of  any  dwelling,  building,  or  other  place  of 
abode  in  any  such  election  district,  his  age,  term  of  residence, 
and  qualification  as  a  voter;  but  the  power  and  authority  by  this  ^!w^tht«M 
section  conferred  upon  any  inspector  of  election,  poll-clerk,  or  ofofflce 
other  officer  of  election,  or  any  challenger  or  person  designated 
to  watch  the  canvass  of  ballots,  shall  wholly  cease  upon  his  re- 
signation or  removal  from  the  office  or  position  to  which  he  was 
appointed,  or  for  which  he  was  designated. 

§  1SS0.  If  at  any  time  a  special  election  shall  be  held  in  any  ^4S- 
portion  of  the  citv  and  county  of  New  York,  the  same  revision  provisions 

1  '  ■  .  omitted. 

of  registration  shall  be  had  and  made  for  any  such  portion  of  Special  election 
said  city  and  county,  and  at  the  same  intervals  of  time  and  the^^nuae 
times  preceding  the  day  of  any  such  special  election,  and  in  the  for  local  elec- 
same  maimer  as  if  the  said  election  was  a  local  election  in,  for,  out  city, 
and  throughout  the  said  city  and  oounty,  and  each  and  every  of 
the  provisions  of  this  chapter  not  inconsistent  with  the  terms  of 
this  section,  shall  apply  with  as  full  fouce  and  effect  to  any  such 
special  election  or  revision  of  registration  therefor  as  if  the  same 
was  for  a  local  election  in,  for  and  throughout  the  said  city  and 
county. 


632  # 


POLL-LISTS. 


Mi  W- 

Street  numbers 
to  im  altered 
only  between 
1st  May  and  isi 
( >ctober. 


1KT2,  ch.875,  $44, 
Coinp.  818. 
Registered  per 
sons  not  voting 
to  lie  nun  ki-d 
on  registers. 


Number  of  per 
sons  voting  to 
bo  nscertnined 
nnd  pro- 
claimed. 


Id.  {45. 

Toll-list  books 
to  be  kept. 
What  to  con- 
tain. 


Id.  <U). 


§  188J.  Hereafter  it  shall  not  be  lawful  for  any  of  the  author- 
ities, officers,  or  agents  of  the  city  or  county  government,  in  the 
city  and  county  of  New  York,  to  number  or  renumber  any 
street,  avenue,  alley,  lane,  road,  or  way  in  the  city  or  county  of 
New  York,  or  to  in  any  wise  change  or  alter  any  such  number, 
save  between  the  first  day  of  May  and  the  first  day  of  October 
of  any  year. 

§  1882.  In  each  election  district  in  the  city  and  county  of  New 
York  it  shall  be  the  duty  of  the  inspectors  of  election  to  imme- 
diately, after  the  close  of  the  polls  on  the  day  of  any  election, 
before  proceeding  with  the  canvass  of  the  ballots  in  any  box, 
and  while  the  poll-«lerks  arc  canvassing  their  books,  to  write  in 
ink  opposite  to  and  against  tho  name  of  each  person  entered  in 
their  registers,  who  is  not  shown  by  said  registers  to  have  voted, 
and  in  the  column  headed  "voted,"  the  word  "no,"  so  that  the 
said  column  may  be  wholly  filled  up,  and  the  said  inspectors 
shall  then  compare  the  said  registers,  make  them  agree,  and 
ascertain  the  number  of  persons  who  by  them  are  shown  to  hare 
voted  at  that  poll  that  day;  and  when  they  have  made  compari- 
son and  ascertained  such  fact,  the  chairman  of  the  board  of  in- 
spectors, or,  in  his  absence,  the  inspector  acting  as  such,  shall 
announce  the  same  in  a  loud  voice. 

§  1SS3.  The  poll-clerk  at  each  poll  in  the  city  and  county  of 
New  York  shall  keep  in  ink  a  poll-list,  in  books  to  be  prepared 
and  furnished  for  that  purpose,  and  shall  contain  a  column 
headed  "  residence,"  a  column  headed  "  name  of  voter,"  and  as 
many  additional  columns  as  there  are  boxes  kept  at  the  elec- 
tion. The  headings  of  the  additional  columns  shall  correspond 
respectively  with  the  names  and  numbers  of  the  boxes  so  kept. 

§  1S84.  The  poll-books  referred  to  in  the  preceding  section 
shall  be  in  form  as  follows: 


Form  of  poil- 
book. 


POLL-LIST  OF  VOTERS. 

.ELECTION  DISTRICT  ASSEMBLY  DISTRICT. 


(Here  put  in  ad- 
ditional columns.) 


xo. 

RESIDENCE.  • 

NAME  OK  VOTER 

REMARKS. 

« 

I'OU. -LISTS. 


Tlio  residence  of  each  elector  voting  shall  be  entered  bj  each 
poll-clerk  in  the  column  of  his  poll-list  headed  "  residence,"  and 
the  name  of  each  such  elector  in  tin;  column  headed  "name  of 
voter,*'  and  opposite  the  residence  and  name  of  any  such  elector 
in  each  additional  column  provided  for  in  the  preceding  section, 
and  corresponding  in  its  heading  with  the  name  and  number  of 
a  box  in  which  a  ballot  of  the  elector  shall  have  been  deposited, 
shall  be  written  a  check  or  mark  similar  to  the  letter  V,  and  in 
each  such  additional  column  corresponding  in  its  heading  with 
the  name  and  number  of  box  in  which  no  ballot  of  the  elector 
shall  have  bean  deposited,  shall  bo  written  the  word  "  no  "  In 
the  column  of  "remarks,"  opposite  the  name  of  each  person 
challenged,  shall  he  noted  the  [oath  or  oaths  offered  and  taken 
by  any  such  person. 

§  1SS5.  As  soon  as  the  poll  of  an  election  shall  have  been 
finally  closed,  the  inspectors  of  election,  in  their  several  elec  tion 
districts,  shall  immediately,  and  at  the  place  of  the  poll,  proceed 
to  canvass  the  votes.  Such  canvass  shall  be  public,  and  shall 
not  be  adjourned  or  postponed  until  it  shall  have  been  fully  com- 
pleted, and  the  several  statements  hereinafter  required  to  be 
made  by  the  inspectors  shall  have  been  made  out  and  signed 
by  them.  No  vote  shall  be  received,  nor  shall  any  ballot  be 
counted  or  canvassed,  nor  shall  any  statement  of  votes,  an- 
nouncement, or  proclamation,  in  this  chapter  required,  be  made 
at  any  time  when  the  main  entrance  to  the  room  in  which  the 
election  is  held  shall  be  closed  in  such  a  manner  as  to  prevent  in- 
gress and  egress,  but  the  said  inspectors  may  station  one  or  more 
officers  at  such  entrance  to  exclude  disorderly  persons;  nor  shall 
any  such  duties  be  performed  unless  at  least  six  persons,  if  so 
many  claim  that  privilege,  are  allowed  to  be  present,  and  so 
near  that  they  can  see  whether  the  duties  of  the  said  inspectors 
are  faithfully  performed.  Each  candidate  for  any  office,  to  be 
tilled  at  the  election,  may,  by  a  certificate  in  writing,  signed  by 
him,  designate  one  person  for  each  election  district  in  which  he 
is  a  candidate,  to  be  present  at  the  canvass  of  the  ballots  con- 
taining the  names  of  the  persons  designated  for  that  office.  The 
inspectors  of  election  and  the  police  or  other  officers  attending  at 
such  electioii  district  specified  in  said  certificate,  shall  make  a 
passage  for  such  person  to  the  said  inspectors,  and  the  said  in- 
spectors shall  permit  him  to  be  present  at  the  canvass  of  all  the 
ballots  in  the  box  containing  the  ballots  for  the  office  specified  in 
the  said  certificate,  and  so  nyar  to  them  that  he  can  see  that 
such  canvass,  and  the  statement  required  of  the  votes  found  in 
each  box,  are  correctly  made.  And  no  inspector  of  election,  or 
board  of  inspectors,  or  police  or  other  officer,  shall  allow  such 
person  to  be  molested  or  removed  during  the  canvass  of  such 


wimt  enl  i  Im 
to  ho  made 

til'  I'  ll! 


1ST2,  ch.075.tfT, 
Com)).  819. 
At  close  of  poll 
votes  to  be  can- 
vassed in  pub- 
lic ami  mcboul 
n'l  lournmenl 
until  com- 
pleted. 

No  vote  to  be 
received  or 
counted  while 
entrance,  is 
closea  or 
obstruct'.' 


Number  to  w i; 
uess  canvpss. 


Each  candidate 
may  deslpiiat- 
a  witness. 


To  be  pro- 
tected. 


634 


CANVASSING  THE  BALLOT  BOXES, 


Id.  SI*. 

Canvas*,  bow 
to  commence. 


Musi  be  public- 
ly announced. 


Id,|40.  • 
Hoxes  to  bo 
opened  nnd 
canvassed. 

Order  of 
canvass. 


1872.  Ch.675,  §50, 
C'omp.  &.D. 
First  duty  on 
opening  box. 

Number  of 
votes  compared 
» Itb  poll-list. 


Id.  $31. 

Ballots  found  in 
the  wrong  box, 
how  treated. 


Id.  iSS. 

Proceedings  In 
cose  ot  excess 
of  ballots. 


Id.  {53. 


ballots,  or  until  sucli  Btatement  has  been  made,  completed,  and 
signed,  unless  he  shall  be  personally  guilty  of  fraudulent  or  dis 
orderly  conduct. 

§  1380.  The  canvass  shall  connivence  by  a  comparison  of  the 
poll-lists,  from  the  commencement,  and  a  correction  of  any  mis- 
takes that  may  be  found  therein,  and  such  comparison  shall  he 
continued  until  the  poll  lists  agree  as  to  the  number  of  ballots 
deposited  in  each  box;  when  they  have  been  made  to  agree,  ono 
of  the  inspectors  shall  publicly  announce,  in  a  loud  voice,  the 
number  of  ballots  deposited  in  each  box  as  shown  by  the  poll- 
lists. 

§  1S.37.  The  boxes  shall  tlien  be  opened,  and  the  ballots  therein 
canva-sed,  in  the  order  prescribed  in  this  section,  and  the  can- 
vass of  the  ballots  found  in  one  box  shall  be  completed  before 
another  box  is  opened,  The  boxes  shall  be  canvassed  in  the  fol- 
lowing order; 

1.  President. 

2,  State. 

o.  Congress. 
Senate. 
Assembly. 
City. 
Justices. 
Judiciary. 
City  and  County. 
^  1SSS.  When  a  box  is  opened,  the  ballots  contained  therein 
shall  be  taken  out  and  counted  unopened,  except  so  far  as  to  as- 
certain that  each  ballot  is  single.    If  two  or  more  ballots  shall 
be  found  so  folded  together  as  to  present  the  appearance  of  a 
single  ballot,  they  shall  be  destroyed,  if  the  whole  number  of 
ballots  exceeds  the  whole  number  of  votes,  as  shown  by  the  poll- 
lists,  and  not  otherwise. 

§  1S£9.  No  ballot  properly  indorsed,  found  in  a  box  different 
from  that  designated  by  its  indorsement,  shall  be  rejected,  but 
shall  be  counted  in  the  same  manner  as  if  found  in  the  box 
designated  by  such  indorsement;  provided  that  the  counting  of 
such  ballot  or  ballots  shall  not  produce  an  excess  over  the 
number  of  ballots  deposited  in  the  box,  as  shown  by  the  poll- 
lists. 

§  1S90.  If  a  greater  number  of  ballots  shall  be  found  in  a  box 
than  is  required  by  the  correspondent  columns  of  the  poll-lists, 
all  the  ballots  shall  be  replaced  in  the  box,  and  one  of  the  said 
inspectors  to  be -designated  by  the  board  shall,  without  seeing  the 
same,  and  with  his  back  to  the  box,  publicly  draw  out  and  de- 
stroy as  many  ballots  unopened  as  shall  be  equal  to  such  excess. 

§  1891.  The  board  shall  then  proceed  to  canvass  and  estimate 


CANVASSING  THK  VOTES. 


C.3:. 


the  Votes  in  the  following  manner:  The  said  inspectors  shall  open  Vnamoi  ■  . 

"  11  —Trig 

the*  ballots,  and  place  those  which  contain  the  same  names  to-  B»iiouu>be 

'  1  _  o|»ene<l,  liow 

got  her,  so  that  the  Beveral  kinds  shall  be  in  separate  piles  or  on  ' 

1    zs'l.       r\         i!  11         ••!  •  1    11  •  «       ,  1     11     Order  and  man 

separate  tins,    (die  ot  the  said  inspectors  shall  then  take  tic  ■erofo 

kind  of  ballots  which  appears  to  ho  the  greatest  in  nnniher  and  inspectors 
count  them  by  tens,  carefully  examining  each  name  on  each  of 
said  ballots.    Such  inspector  shall  then  pass  the  ten  ballots  to 
the  inspector  sitting  next  to  him,  who  shall  count  them  in  the 
same  manner,  and  lie  shall  thchi  pass  them  to  the  third  inspector, 
who  shall  also  count  them  in  the  same  manner.    The  third  in- 
spector shall  then  call  the  names  of  the  persons  named  in  the 
ballots,  and  the  offices  for  which  they  arc  designated,  and  the 
poll-clerks  shall  tally  the  votes  for  each  of  such  persons.    The  poU-derkq 
fourth  inspector  shall  watch  the  proceedings  of  the  other  inspec-  Fourth  ins*** 
tors  and  the  poll-clerks,  and  at  his  option  may  perform  the  same    **  utJ  °r 
duties  in  respect  to  the  canvass  as  are  prescribed  for  the  third  in- 
spector, or,  in  case  of  the  absence  of  a  poll-clerk,  may  perform 
his  duties.    When  the  counting  of  each  kind  of  ballots  shall  be 
completed,  the  poll-clerks  shall  compare  their  tallies  together 
and  ascertain  the  total  number  of  ballots  of  that  kind  so  can- 
vassed, and  when  they  agree  upon  the  number,  one  of  them 
shall  announce  it,  in  a  loud  voice,  to  the  inspectors.    The  kind 
of  ballots  which  appear  to  be  next  greatest  in  number,  and  after- 
wards each  of  the  other  kinds  of  ballot?  in  succession  shall  then 
be  canvassed  in  the  same  manner.     The  ballots  containing  toli-cierksto 
names  partly  from  one  kind  of  ballots  and  partly  from  another,  ^Eli',*'''' 
being  those  usually  called  split  tickets,  and  those  from  which  the  ^'^ronier 
name  of  a  person  proper  to  be  voted  for  on  such  ballots  has  been  °f  ca"V;i-  ■ 

Split  tickets. 

omitted  or  erased,  usually  called  scratched  tickets,  shall  then  be  etc 
canvassed  separately  by  one  of  the  inspectors  sitting  between  two 
of  the  other  inspectors,  which  inspector  shall  call  each  name  to  scratched  tick 
the  poll-clerks,  and  the  office  for  which  it  is  designated,  the  Suhj  whom  ' 
other  inspectors  looking  at  the  ballot  at  the  same  time,  and  the 
poll-clerks  making  note  of  the  same.  When  all  the  ballots  found 
in  the  box  have  been  canvassed  in  this  manner,  the  poll-clerks  roii-cierkscom- 
shaU  compare  their  tallies  together  and  ascertain  the  total  mini-  Announce  nim? 
ber  of  votes  received  by  each  candidate,  and  when  they  agree  candwmeVn 
upon  the  numbers,  one  of  them  shall  announce,  in  a  loud  voice,  ticket, 
to  the  inspectors,  the  number  of  votes  received  by  each  candi- 
date, on  each  of  the  kinds  of  ballots  containing  his  name,  the 
number  received  by  him  on  the  split  and  scratched  tickets,  and 
the  total  number  of  votes  received  by  him.    If,  after  the  ballots 
in  any  box  have  been  opened  or  canvassed,  the  whole  number  of 
them  shall  be  found  to  exceed  the  whole  number  of  votes  re- 

,  .  Proceedings  In 

quired  bv  the  corresponding  columns  of  the  poll-lists,  the  said  case  of  < 
inspector  shall  return  all  the  ballots  into  the  box,  and  shall  thor-  box. 


STATEMENT  OF  RESULT  OF  CANVASS. 


18T2,  ch.CTS,  |64, 
Comp.  821. 


A  baljoi  of  -li 
kind  to  be 
pasted  on  each 
Ktatement,  and 
certificate  to  be 
made  thereon. 


Proceedings  if 
only  one  of  u 
kind  of  ballot  is 
found.  * 
If  two  only, 
llallots  rejected 
as  defective  to 
be  pasted  to 
statement. 


I872,ch.675,  {55, 
Comp.  828. 
Unchanged. 
When  ballots  in 
any  box  arc 
canvassed .  pro- 
clamation to  be 
made. 


Proclamation 
evidence  of 
result. 

187-i,  eh.  621,  C3. 
Comp.  632. 
Statement  of 
result,  inspec- 
tors to  maije, 
etc. 


oughly  mingle  the  same,  and  one  of  the  inspectors  to  be  desig- 
nated by  the  board  shall,  without  seeing  the  same  and  with  his 
back  to  the  box,  publicly  draw  out  of  such  box  so  many  of  such 
ballots  as  shall  be  equal  to  the  excess,  which  shall  be  forthwith 
destroyed;  but  if  the  ballots  have  been  canvassed,  the  votes  for 
the  persons  named  therein  shall  first  be  deduct*  d  from  the  votes 
enterod  for  such  person  ou  the  tallies. 

§  1892.  The  canvass  of  the  ballots  found  in  any  box  shall  be 
completed  by  ascertaining  how  many  ballots  of  the  same 
kind  corresponding  in  respect  to  the  names  of  the  persons 
thereon  and  the  offices  for  which  they  are  designated,  have  been 
received;  and  the  result  being  found,  the  said  inspectors  shall 
securely  paste  or  attach  to  each  statement  of  such  canvass  here- 
inafter directed  to  be  made  one  ballot  of  each  kind  found  to 
have  been  given  for  the  officers  to  be'ehosen  at  such  election;  and 
they  shall  slate  in  words  at  full  length,  immediately  opposite 
such  ballot,  and  written  partly  on  such  ballot  and  partly  on 
the  paper  to  which  it  shall  be  pasted  or  attached,  the  whole 
number  of  all  the  ballots  that  were  received  which  correspond 
with  the  one  so  pasted  or  attached,  so  that  one  of  each  kind  of 
the  ballots  received  at  such  election  for  the  officers  then  to  be 
chosen  [shall  be  pasted  or  attached  to  such  statement  of  such 
canvass,  if  only  one  ballot  of  any  kind  shall  be  found  in  the 
box,  it  shall  be  pasted  or  attached  to  the  statement  to  be  deliv- 
ered to  the  clerk  of  the  board  of  aldermen,  and  if  only  two  bal- 
lots of  any  kind  are  found  in  the  box,  one  shall  be  pasted  or 
attached  to  the  statement  to  be  delivered  to  the  clerk  of  the 
board  of  aldermen,  and  the  other  to  the  statement  to  be  deliv- 
ered to  the  county  clerk.  They  shall  also  paste  or  attach  all  the 
ballots  rejected  by  them  as  being  defective  in  whole  or  in  part, 
to  the  statement  [to  be  delivered  to  the  clerk  of  the  board  of 
aldermen. 

§  1S03.  When  the  canvass  of  the  ballots  found  in  any  box 
^hall  have  been  completed,  and  the  poll-clerks  shall  have  an- 
nounced to  the  inspector  the  total  number  of  votes  received  by 
each  candidate,  the  chairman  of  the  board  of  inspectors  of  elec- 
tion, or.  in  his  absence,  the  inspector  acting  as  such,  shall  pro- 
claim in  a  loud  voice  the  total  number  of  votes  received  by  each 
of  the  persons  voted  for  upon  the  ballots  found  in  that  box,  and 
the  office  for  which  they  are  designated,  and  such  proclamation 
shall  be  prima  facie  evidence  of  the  result  of  the  canvass  of  such 
ballots. 

§  ISO!.  The  inspectors  shall  immediately  after  such  procla- 
mation deliver  to  a  patrolman  on  duty  at  the  polling-places  a 
statement  subscribed  with  their  names,  which  shall  be  forthwith 
conveyed  by  the  said  patrolman  to  the  station-house  of  the  pre- 


STATEMENT  OF  RESULT  OF  CANVASS. 


cinct  where  the  polling-place  is  located  ;  and  the  captain  or  ser- 
geant in  charge  shall  immediately  transmit,  hy  telegraph  or 
otherwise,  the  result  of  such  statement  to  the  superintendent  of  SSfSHSSLft 

,  '  .  Redelivered  SO 

police.  Such  statement  shall  contain  the  total  numher  of  votes 
in  such  ballot-box,  and  the  number  of  votes  found  therein  for 
each  and  every  candidate.  The  captain  or  sergeant  in  command 
shall  immediately  deliver  said  statement  to  the  chief  of  the 
hureau  of  elections,  whose  duty  it  shall  be  to  file  and  preserve 
the  same. 

0  1S9.>.  The  said  inspectors  shall  make  triplicate  statements  co^aa5, *3C- 
of  the  result  of  the  canvass  and  estimate  of  the  votes.    Each  of  Triplicate 

.  .  statements  to 

the  statements  shall  contain  a  caption,  stating  the  day  on  which,  bemade. 

and  the  numher  of  the  election  district,  and  assembly  district, 

and  the  city  and  county  in  relation  to  which  such  statement 

shall  be  made,  and  the  time  of  opening  and  closing  the  polls  of 

such  election  district.    It  shall  also  contain  a  statement  showing 

the  whole  number  of  votes  given  for  each  person,  designating  Certified  and 

"  1  o  o  subscribed  on 

the  office  for  which  the}'  were  given,  which  statement  shall  he  fach Bheet  h>\ 

J  Inspectors  and 

written,  or  partly  written  and  partly  printed,  in  words  at  length;  pou-cierk. 
and  at  the  end  thereof  a  certificate  that  such  statement  is  correct 
in  all  respects;  which  certificate  and  each  sheet  of  paper  form- 
ing part  of  the  statement  shall  he  subscribed  by  the  said  inspec-  inspectors  de- 

•  dining  to  ■*  ii 

tors  and  poll-clerks.    If  any  inspector  or  poll-clerk  shall  decline  to  8tat° 

1  ,  reasons. 

to  sign  any  return,  he  shall  state  his  reasons  therefor  in  writing, 

and  a  copy  thereof  signed  by  him  shall  be  enclosed  with  each 

return.  Each  of  the  statements  shall  be  inclosed  in  an  envelope, 

which  shall  then  be  securely  sealed  with  wax,  and  each  of  the 

inspectors  and  each  of  the  poll-clerks  shall  write  his  name  across 

every  fold  at  which  the  envelope,  if  unfastened,  could  be  opened, 

and  across  the  seals  thereon.    One  of  the  envelopes  shall  be  statements  to 

directed  on  the  outside  to  the  clerk  of  the  board  of  aldermen,  seVied,°and' 

another  to  the  county  clerk,  and  the  third  to  the  chief  of  the  ^whom*' 

bureau  of  elections.    Each  set  of  tallies  shall  also  be  inclosed,  !iir!*:ted-  . 

'   Tallies  Inclosed 

securely  sealed,  and  signed  in  like  manner,  and  one  of  the  en-  and  directed  to 

mayor  and 

velopes  skall  be  directed  on  the  outside  to  the  chief  of  the  bureau  chief  of  bureau 

■  of  elections. 

of  elections,  and  the  other  to  the  mayor.  On  the  outside  of 
every  envelope  shall  be  indorsed  whether  it  contains  the 
statement  or  the  tallies,  and  for  what  election  and  assembly 
district. 

§  1S9G.  Within  twenty-four  hours  after  the  several  state-  id.  jsr. 
ments  shall  have  been  subscribed,  one  of  the  said- inspectors  shall  atyuWuatttim^'1 
deliver  to  the  clerk  of  the  board  of  aldermen  the  statement  di-  ^allme^to 
rected  to  him;  another  inspector  shall  deliver  to  the  county  clerk 
the  statement  directed*to  him;  and  a  third  inspector  shall  deliver 
to  the  chief  of  the  bureau  of  elections  the  statement  directed  to 
him.    One  of  the  poll-clerks  shall  deliver  to  the  mayor  the  tal- 


be  made. 


DISPOSITION  OF  POLL-LISTS  AND  II  ALLOTS. 


tallica,  by 
whom  to  be 
delivered. 

1872,ch.07.->. 
Comp.  tiXi. 
Poll-lists  to  be 
certified  anil 
Sled  with 
county  clerk, 
and  bureau  "f 
elections. 


Id.  {50.; 
Remaining 
ballots 
destroyed. 


Id.  SCO. 

Deliveries,  how 
made. 


Receipts  to  be 
given. 


Receipts  to  be 
tiled  with 
comptroller. 


Id.  SGI. 

Envelopes  filed 
with  clerk  of 
board  of  super- 
visors to  be 
opened. 


id.  §Ci. 

Filed  with 
county  clerk. 


Id.  SC3. 

Board  ofcounty 
canvassers, 
duty  of. 
How  per- 
formed 


Id.  SW. 


lies  directed  to  him,  and  the  other  poll-dork  shall  deliver  to  (ho 
chief  of  the  bureau  of  elections  the  tallies  directed  to  him. 

§  1897.  The  poll-lists  kept  at  such  election  shall  he  certified, 
in  writing,  hy  both  poll-clerks,  to  he  a  true  and  correct  list  of 
the  vote  cast  at  the  said  election,  in  their  respective  election 
districts,  and  within  twenty-four  hours  of  the  close  of  the  can- 
vass shall  ho  filed  hy  such  poll-dorks,  the  one  in  the  office  of  the 
county  clerk,  the  other  in  the  office  of  the  chief  of  the  hnreau 
of  elections,  and  shall  he  there  preserved! 

§  1898.  The  remaining  ballots  not  so  pasted  or  attached  to 
said  statements,  as  hereinbefore  provided,  shall  ho  destroyed, 
and  the  hoard  of  inspectors  shall  he  dissolved. 

§  1899.  In  case  any  officer  to  whom  any  of  the  papers  in  the 
preceding  sections  are  directed  to  he  delivered  shall  he  absent 
from  his  office,  the  same  may  ho  delivered  to  the  person  author- 
ized in  such  case  to  attend  to  his  official  duties,  and  the  officer 
or  person  to  whom  any  envelope  containing  any  statement  or 
tally,  or  to  whom  any  register,  or  copy  thereof,. or  poll-list  shall 
be  delivered  as  in  this  chapter  provided,  shall  give  a  receipt 
therefor,  to  the  inspector  or  poll-clerk  from  whom  the  same  is 
received,  and  such  receipt  shall  he  filed  hy  said  inspector  or  poll- 
clerk  in  the  office  of  the  comptroller,  hefore  any  payment  for 
his  services'shall  he  made. 

§  1900.  The  envelopes  delivered  to  the  clerk  of  the  hoard  of 
aldermen  shall  "he  kept  sealed,  and  shall  not  he  opened  until  the 
same  are  produced  hefore  the  hoard  of  county  canvassers,  when 
they  shall  he  opened  for  the  canvassing  of  the  returns,  and, 
when  so  opened,  the  presiding  officer  of  the  said  board  shall 
mark  each  separate  sheet  of  the  statements  with  the  initials  of 
his  name. 

§  1901.  The  envelopes  delivered  to  the  county  clerk  shall  be 
kept  sealed  and  unopened  until  the  same  shall  he  required  to  be 
opened  by  the  board  of  county  canvassers,  or  other  lawful 
authority,  and,  when  so  opened,  the  officer  or  person  opening  the 
same  shall  mark  each  separate  sheet  of  the  statement  with  the 
initials  of  his  name. 

§  1902.  The  board  of  aldermen  of  the  city  of  New  York  shall 
he  the  board  of  county  canvassers  ;  and  it  shall  be  their  duty  to 
finally  canvass,  declare  and  certify  the  result  of  every  election 
hereafter  held  in  the  city  and  county  of  I\ew  York.  Such  can- 
vass, declaration,  and  certification  shall  he  made  and  conducted 
under  the  existing  provisions  of  law,  not  inconsistent  with  this 
chapter,  so  far  as  the  same  are  applicable. 

§  1903.  If  at  any  general  registration  of  voters,  or  at  any 
meeting  of  inspectors  of  election  held  for  such  purpose  or  for  a 
revision  thereof  as  provided  in  this  chapter,  any  person  shall 


IWI.sk  RBGTTRATION. 


falsely  personate  an  elector  or  other  person,  and  register  or  at  ^iSjrSwiS 
tempt  or  offer  to  register  in  the  name  of  such  elector  or  other 


person  ;  or  if  any  person  shall  knowingly  or  fraudulently  regis-  ^\mmZ,tan 
tor,  or  offer  or  attempt,  or  make  application  to  register,  in  or  SE£5;3rto$JS 
under  the  name  of  any  other  person,  or  in  or  under  any  false,  'SJSwri^M 
assumed,  or  fictitious  name,  or  in  or  under  any  name  not  his      "'/;,! \\™Zi-' 
own  ;  or  shall  knowingly  or  fraudulently  register  in  two  election  ^^h^v/n^" 
districts;  or  having  registered  in  one  district,  shall  fraudulently  St^r^Sr 
attempt  or  offer  to  register  in  another  ;  or  shall  fraudulently  [lonnm^™?0' 
register,  or  attempt  or  offer  to  register  in  any  election  district      ' is  * relonv 
not  having  a  lawful  right  to  register  therein  ;  or  shall  knowingly 
or  willfully  do  any  unlawful  act  to  secure,  registration  for  him- 
self or  any  other  person ;  or  shall  knowingly,  willfully,  or 
fraudulently,  hy  false  personation  or  otherwise,  or  by  any  un- 
lawful means  cause  or  procure,  or  attempt  to  cause  or  procure, 
the  name  of  any  qualified  voter  in  any  election  district  to  be 
erased  or  stricken  from  any  register  of  the  voters  of  such  dis- 
trict, made  in  pursuance  of  this  chapter,  or  otherwise  than  is  in 
this  chapter  provided  ;  or  by  force,  threat,  menace,  intimidation, 
bribery,  .reward,  or  offer  or  promise  thereof,  or  other  unlaw  fid 
means,  prevent,  hinder,  or  delay  any  person  .having  a  lawful 
right  to  register  or  to  bo  registered,  from  duly  exevcising  such 
right ;  or  who  shall  knowingly,  willfully,  or  fraudulently  com- 
pel or  induce,  or  attempt  or  offer  to  compel  or  induce,  by  such  « 
means,  or  any  unlawful  means,  any  inspector  of  election  or 
other  officer  of  registration,  in  any  election  district,  to  register 
or  admit  to  registration  any  person  not  lawfully  entitled  to  reg- 
istration in  such  district,  or  to  register  any  false,  assumed,  or 
fictitious  name,  or  any  name  of  any  person,  except  as  provided 
in  this  chapter ;  or  shall  knowingly,  or  willfully,  or  fraudulently 
interfere  with,  hinder,  or  delay  any  inspector  of  election  or 
other  officer  of  registration  in  the  discharge  of  his  duties,  or 
counsel,  advise,  or  induce,  or  attempt  to  induce  any  such  in- 
spector or  other  other  officer  to  refuse  or  neglect  to  comply  with 
or  to  perform  his  duties,  or  to  violate  any  law  prescribing  or 
regulating  the  same ;  or  shall  aid,  counsel,  procure,  or  advise 
any  voter,  person,  inspector  .of  election,  or  other  officer  of  reg- 
istration, to  do  any  act  by  law  forbidden,  or  in  this  chapter  con- 
stituted an  offense,  or  to  omit  to  do  any  act  by  law  directed  to 
be  done,  every  such  person  shall,  upon  conviction  thereof,  be 
adjudged  guilty  of  a  felony,  and  shall  he  punished  by  imprison- 
ment in  a  State  prison  not  less  than  one  nor  more  than  five  How 
years. 

§  1904.  If,  at  any  election  hereafter  held  in  the  city  and  ^£^'5<a 
county  of  New  York,  any  person  shall  falsely  personate  any 
elector  or  other  person,  and  vote,  or  attempt  or  offer  to  vote  in 


r,m 


OFFENCES  (7NDEB  THE  BLECTIOIi  LAWS. 


STuoMBd£nl  01  uP°n  *nc  nanie  °f  6UCh  elector  or  other  person  ;  or  shall  vote 
cinr.-d  Monies.  or  attempt  to  vote  in  or  upon  the  name  of  any  other  person, 
whether  living  or  dead,  or  in  or  upon  any  false,  assumed,  or 
fictitious  name,  or  in  or  upon  any  name  not  his  own ;  or  shall 
knowingly,  willfully,  or  fraudulently  vote  more  than  once  for  any 
candidate  forth©  same  office,  except  as  authorized  by  law,  or  shall 
vote  or  attempt  or  offer  to  vote  in  any  election  district  without 
having  a  lawful  right  to  vote  therein,  or  vote  more  than  once, 
or  vote  in  more  than  one  election  district,  or  having  once  voted, 
shall  vote,  or  attempt,  or  offer  to  vote  again  ;oS  shall  knowingly, 
willfully,  or  fraudulently  do  any  unlawful  act  to  secure  a  right, 
or  an  opportunity  to  vote  for  himself  or  for  any  other  person, 
or  shall  hy  force,  threat,  menace,  intimidation,  bribery,  or  re- 
ward, or  offer  or  promise  thereof,  or  otherwise,  unlawfully, 
cither  directly  or  indirectly,  influence  or  attempt  to  influence, 
any    elector    in    giving  his    vote,   or   prevent    or  hinder, 
or   attempt    to    prevent    or    hinder,    any    qualified  voter 
from  freely  exercising  the  rights  of  suffrage,  or  by  any  such 
means  induce,  or  attempt  to  induce,  any  such  voter  to  refuse 
to  exeicise  any  such  right;  or  shall  by  any  such  means,  or 
otherwise,  compel  or  induce,  or  attempt  to  compel  or  induce, 
any  inspector  of  election  or  other  officer  of  election,  in  any 
election  district,  to  receive  the  vote  of  any  person  not  legally 
'qualified  or  entitled  to  vote  at  the  said  election  in  such  district ; 
or  shall  knowingly,  willfully,  or  fraudulent!}'  interfere  with,  de- 
lay, or  hinder  in  any  manner  any  inspector  of  election,  poll- 
clerk,  or  other  officer  of  election,  in  the  discharge  of  his  duties: 
or  by  any  of  such  means,  or  other  unlawful  means,  knowingly, 
willfully,  or  fraudulently  counsel,  advise,  induce,  or  attempt  to 
induce,  any  inspector  of  election,  poll-clerk,  or  other  officer  of 
election,  whose  duty  it  is  to  ascertain,  proclaim,  announce,  or 
declare  the  result  of  any  such  election,  or  to  give  or  make  any 
certificate,  document,  report,  return,  or  other' evidence  in  rela- 
tion thereto,  to  refuse  or  neglect  to  comply  with  his  duty,  or  to 
violate  any  law  regulating  the  same,  or  to  receive  the  vote  of 
any  person,  in  airy  election  district,  not  entitled  to  vote  therein, 
or  to  refuse  to  receive  the  vote  of  any  person  entitled  to  vote 
therein  ;  or  shall  aid,  counsel,  or  advise,  procure,  or  assist  any 
voter,  person,  or  inspector  of  election,  or  other  officer  of  elec- 
tion, to  do  any  act  by  law  forbidden,  or  in  this  chapter  constitu- 
ted an  offense,  or  to  omit  to  do  any  act  by  law  directed  to  be 
done,  every  such  person  shall,  upon  conviction  thereof,  be  ad- 
judged guilty  of  a  felony,  and  shall  be  punished  for  each  and 
How  punished,  every  such  offense,  by  imprisonment  in  a  State  prison  for  not 
less  than  one  nor  more  than  five  years! 


OKKKNCKS  I'NDKK    II I K   KI.KCTION  LAWS 


till 


Huw  punished. 


$  1!H)5.  If  any  poll-clerk,  or  any  inspector  of  election,  per-        'J.  ''' 
forming  the  duties  of  poll  clerk,  shall  willfully  keep  a  false  poll-  certain  «ct>bj 

°  1  *  *  |XlU-('llTkH 

list,  or  shall  knowingly  insert  in  hi-- pull  list  am  false  statement ,  .i.-.i»r.-.i  t<.  i»- 

'  °  J  -  1  *  fi-lnllleH. 

or  any  name  <>r  statement,  or  any  check,  letter,  or  mark,  except 

as  in  this  chapter  provided,  he  shall,  upon  conviction  thereof,  be 
adjudged  guilty  of  a  felony,  and  shall  he  punished  by  imprison- 
ment in  a  State  prison  for  not  less  than  one  nor  more  than  five 
years. 

§  1906.  Every  inspector  of  election  who  shall  wilfully  ex    \ *  ..f 
chide  any  vote  duly  tendered,  knowing  that  the  person  offering  j'E'^™  nl'.'-s. 
the  same  is  lawfully  cut itled  to  vote  at  such  election,  or  shall 
willfully  receive  a  vote  from  any  person  who  has  been  duly 
challenged  in  relation  to  his  right  to  vote  at  such  election,  with- 
out exacting  from  such 'person  such  oath  or  other  proof  of  quali- 
fication as  may  be  required  bylaw,  or  who  shall  willfully  omit 
to  challenge  any  person  offering  to  vote,  whom  he  knows  or 
suspects  not  to  be  entitled  to  vote,  and  who  has  not  been  chal- 
lenged by  any  other  person,  shall,  upon  conviction  thereof,  be 
adjudged  guilty  of  a  felony,  and  shall  be  punished  by  imprison-  IIow  P" 
ment  in  a  State  prison  for  not  more  than  two  years. 

5j  li»07.  Every  inspector  of  election,  member  of  any  board  of  cS^ip'tee5'*68' 
canvassers,  messenger,  poll-clerk,  or  other  officer  authorized  to  certain  acts of 

'  °     '  r  1  any  officer  of 

take  part  in  or  perform  any  duty  in  relation  to  any  canvass  or  y,'',':,',',;,'.1,.',^ 
official  statement  of  the  votes  cast  at  any  election,  who  shall  board  otam- 

J  '  vassers  <lc- 

willfully  make  any  false  canvass  of  such  votes,  or  who  shall  clared  felonie8- 
make,  sign,  publish,  or  deliver  any  false  return  of  such  election, 
or  any  false  certificate  or  statement  of  the  result  of  such  elec- 
tion, knowing  the  same  to  be  false, or  who  shall  willfully  deface, 
destroy,  or  conceal  any  statement  or  certificate  intrusted  to  his 
care  or  custody,  shall,  on  conviction  thereof,  be  adjudged  guilty 
of  a  felony,  and  shall  be  punished  by  imprisonment  in  a  State  How  Punished- 
prison  not  less  than  two  nor  more  than  five  years. 

5;  1908.  If  any  person  other  than  an  inspector  of  election  w- sea- 
shall  at  any  such  elegtion  knowingly  and  willfully  put,  or  cause  h^'xh^n^ 
to  be  put,  any  ballot  or  ballots,  or  other  paper  having  the  sem-  ins  from  or 

.-,  ,    .    ,  ,  ,  r    ,     ..        „        ,  adding  ballots 

blance  thereof,  into  any  box  used  at  such  election  for  the  recep-  to  baiiot-box 
tiou  of  votes;  or  if  any  such  inspector  shall  knowingly  and  will  felonies, 
fully  cause  or  permit  any  ballots  to  be  in  said  box  at  the  open- 
ing of  the  polls  and  before  voting  shall  have  commenced;  or 
shall  knowingly  and  willfully,  or  fraudulently  put  any  ballot 
or  other  paper  having  the  semblance  thereof  into  any  such  box 
at  any  such  election,  unless  the  same  shall  be  offered  by  an 
elector,  and  his  name  shall  have  been  found  and  checked  upon 
the  register,  as  hereinbefore  provided;  or  if  any  such  inspector, 
or  other  officer  or  person,  shall  fraudulently,  during  the  canvass 
of  ballots,  in  any  manner  change,  substitute,  or  alter  any  ballot 


OFFENSES  UNDER  THE  ELECTION  LAWS. 


How  punished, 


Id.  §70. 
Fruuduient. 
corrupt  una 
willful  neglect 
of  duty  de- 
clared a  felony. 


How  punished. 


Id.  $71. 


Election  offi- 
cers stealing, 
destroying, 
mutilating, 
removing, 
secreting,  or 
altering,  or 
erasing,  or  per- 
mitting others 
to  do  so,  de- 
clared felonies. 


How  punished. 


1878.  ch.675,  §7«. 
Co  nip.  tS27. 
Same  acts  by 
persons  not 
officers,  de- 
clared felonies. 


How  punished. 


Id.  §73. 

False  swearing 

declared 

perjury. 


taken  from  the  box  then  being  canvassed,  or  from  any  box 
which  has  not  been  canvassed,  or  shall  remove  any  ballot  or 
semblance  therefrom,  or  add  any  ballot,  or  semblance  thereof, 
to,  the  ballots  taken  from  the  box  then  being  canvassed,  or  from 
any  box  which  has  not  been  canvassed,  every  such  person  shall, 
upon  conviction  thereof,  be  adjudged  guilty  of  felony,  and  shall 
be  punished  by  imprisonment  in  a  State  prison  for  not  less  than 
one  nor  more  than  five  years. 

§  1909.  If  any  inspector  of  election,  poll-clerk,  or  other  officer 
of  registration,  revision,  election,  or  canvass,  of  whom  any  duty 
is  required  in  this  chapter,  or  by  the  general  election  laws  of 
this  State  iso  far  as  the  same  are  consistent  with  the  provisions 
of  this  chapter),  shall  be  guilty  of  any  willful- neglect  of  such 
duty,  or  of  any  corrupt  or  fraudulent  conduct  or  practice  in  the 
execution  of  the  same,  he  shall,  on  conviction  thereof,  be  ad- 
judged guilty  of  a  felony,  and  shall  be  punished  by  imprison- 
ment in  a  State  prison  for  not  less  than  one  nor  more  than  five 
years. 

§  1910.  Every  inspector  of  election,  poll-clerk,  or  other  officer 
or  person  having  the  custody  of  any  record,  register  of  votes  or 
copy  thereof,  oath,  return  of  votes,  certificates,  poll  list,  or  any 
paper,  document,  or  evidence  of  any  description  in  this  chapter, 
directed  to  be  made,  filed,  or  preserved,  who  is  guilty  of  steal- 
ing, willfully  destroying,  mutilating,  defacing,  falsifying,  or 
fraudulently  removing  or  secreting  the  whole  or  any  part  there- 
of, or  who  shall  fraudulently  make  any  entry,  erasure,  or  alter- 
ation therein,  except  as  allowed  and  directed  by  the  provisions 
of  this  chapter,  or  who  permits  any  other  person  so  to  do,  shall, 
upon  conviction  thereof,  be  adjudged  guilty  of  a  felony,  and 
shall  be  punished  for  each  and  every  such  offense  by  imprison- 
ment in  a  State  prison,  not  exceeding  five  years,  and  shall,  in 
addition  thereto,  forfeit  his  office. 

§  1911.  Every  person  not  an  officer,  such  as  is  mentioned  in 
the  last  preceding  section,  who  is  guilty  of  any  of  the  acts  speci- 
fied in  said  section,  or  who  advises,  procures,  or  abets  the  com- 
mission of  the  same,  or  any  of  them,  shall,  upon  conviction 
thereof,  be  adjudged  guilty  of  a  felony,  and  for  each  and  every 
such  offense  shall  be  punished  by  imprisonment  in  a  State 
prison,  not  exceeding  five  years. 

§  1912.  Any  person  who  shall  be  convicted  of  willful  and  cor- 
rupt false  swearing  or  affirming  in  taking  any  oath  or  affirmation 
prescribed  by  or  upon  any  examination  provided  for  in  this 
chapter,  or  upon  being  challenged  as  unqualified  upon  offering 
to  register  or  vote,  shall  be  adjudged  guilty  of  willful  and  cor- 
rupt perjury. 


OFFENSES  UNDER  THE  ELECTION  LAWS. 


643 


i  1913.  Every  person  who  shall  willlullv  and  corruptly  mstl-  ,d  i-4 
Kate,  advise,  induce,  or  procure  any  person  CO  swear  or  allirm         to nwear 
falsely,  as  aforesaid,  or  attempt  or  oiler  so  to  do,  shall  be  ad-  subornation  of 

<•  perjury. 

judged  guilty  of  subornation  of  perjury,  and  shall,  upon  con- 
victiOD  thereof,  suffer  the  punishment  directed  by  law  in  cases 
of  willful  and  corrupt  perjury. 

§  1914.  If  any  person  shall  fraudulently  change  or  alter  the  "rt*7e„din  to 
ballot  of  any  elector,  or  substitute  one  ballot  for  another,or  fraud-  ^^\\^^T 
uleutly  furnish  any  elector  with  a  ballot  containing  more  than  olArod 
the  proper  number  of  names,  or  shall  intentionally  practice  any 
fraud  upon  any  elector  to  induce  him  to  deposit  a  ballot  as 
his  vote,  and  to  have  the  same  thrown  out  and  not  counted,  or 
to  have  the  same  counted  for  a  person  or  candidate  other  than 
the  person  or  candidate  for  whom  such  elector  intended  to  vote, 
or  otherwise  defraud  him  of  his  vote,  every  such  person  shall, 
on  conviction  thereof,  be  adjudged  guilty  of  a  felony,  and  shall, 
if  an  inspector  of  election,  poll-clerk,  or  other  officer  of  election, 
be  punished  with  imprisonment  in  a  State  prison  not  less  than 
two  nor  more  than  five  years;  and,  if  not  such  inspector,  poll- 
clerk,  or  other  officer  of  election,  shall  be  punished  by  imprison-  how  punished, 
ment  in  a  State  prison  for  not  less  than  one  nor  more  than  five 
years. 

§  1915.  If  any  person  who  shall  have  been  convicted  of  ^j^. 
bribery,  felony,  or  other  infamous  crime  under  the  laws  of  this  [0lv0te0unlSf 
State,  shall  thereafter  vote  or  offer  to  vote  at  any  election  in  the  ESuty'of1' 
city  and  county  of  New  York,  without  having  been  pardoned  "lony 
and  restored  to  all  the  rights  of  a  citizen,  he  shall,  upon  convic- 
tion thereof,  be  adjudged  guilty  of  a  felony,  and  for  each  and 
every  such  offense,  shall  be  punished  by  imprisonment  in  a  How  punished. 
State  prison  for  not  less  than  one  nor  more  than  three  years. 

§  1916.  If  any  person  shall  willfully  disobey  any  lawful  com-  c^mp  hfc>85' srr* 
mand  of  an  inspector  of  election,  or  of  any  hoard  of  inspectors  uw°fuTcomanr 
of  election  given  in  the  execution  of  his  or  their  duty  as  such,  at  orainsP^ct>orUtl 
any  election,  he  shall,  upon  conviction  thereof,  be  adjudged  n^nfefnor. 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  imprison- 
ment in  a  penitentiary  for  not  less  than  thirty  days  nor  more 
than  one  year,  or  by  a  fine  of  not  less  than  two  hundred  and 
fifty  nor  more  than  one  thousand  dollars,  or  by  both  such  fine  How  punished, 
and  imprisonment. 

§  1917.  If  at  any  general  registration  of  voters,  or  revision  w  s78 
thereof,  or  on  any  day  of  election,  or  during  the  canvass  of  th  6  derly  acts  at 
votes  cast  thereat,  -  any  person  shall  cause  any  breach  of  the  frauonand6^ 
peace,  or  use  any  disorderly  violence,  or  threats  of  violence,  Monies01*"*1 
whereby  any  such  registration,  revision,  election,  or  canvass 
shall  .be  impeded  or  hindered,  or  whereby  the  lawful  proceed- 
ings of  any  inspector  of  election,  or  board  of  inspectors  of 


61-4 


OFFENSES  UNDER  THE  ELECTION  LAWS. 


How  punished. 


Id.  S79. 

Illli-rfiTcllir 
with  election 

Olllceis  III  |MT- 

formunce.  of 
duty,  or 
to  or  from  such 
duties,  or 
threats  or 

ttttetll|lts, 

declared  mis 
dcmi-am  ,rs 


How  punished. 


1872,ch.675,  §80, 
Comp.  829. 
Willful  neglect 
or  refusal  to 
perform  duties 
or  inspector 
declared  a 
misdemeanor. 


How  punished. 


election,  or  poll  clerk,  or  other  officer  of  such  election,  or 
challenger,  or  person  designated  to  he  present  at  the  canvass  of 
any  ballots,  as  hereinbefore  provided,  are  interfered  with,  every 
such  person  shall,  upon  conviction  thereof,  be  adjudged  guilty 
of  a  felony,  and  upon  conviction  thereof,  shall  be  punished  by 
imprisonment  in  a  State  prison  for  not  less  than  one  nor  more 
than  five  years. 

8  1918.  If  any  person  knowingly  or  willfully  obstruct, 
hinder,  assault,  or  by  bribery,  solicitation,  or  otherwise,  inter- 
fere with  any  inspector  of  election,  poll-clerk,  challenger,  or 
person  designated  as  provided  in  this  chapter  to  be  present  at 
the  canvass  of  any  ballots  in  the  performance  of  any  duty  re- 
quired of  him,  or  which  he  may  by  law  be  authorized  or  per- 
mitted to  perform;  or  if  any  person,  by  any  o£the  means  before 
mentioned,  or  otherwise  unlawfully,  shall,  on  the  day  of  regis- 
tration, revision  of  registration,  or  of  election,  hinder  or  prevent 
any  inspector  of  election,  poll-clerk,  challenger,  or  any  person 
designated,  as  pr<>\  i « I  *  ■<  1  in  this  chapter,  to  be  present  at  the  can- 
vass of  ballots,  in  his  free  attendance  and  presence  at  the  place 
of  registration,  or  of  election  in  the  election  district  in  and  for 
which  he  is  appointed  or  designated  to  serve,  or  in  his,  full  and 
free  access  and  egress  to  and  from  any  such  place  of  registration, 
revision  of  registration,  or  of  election;  or  to  and  from  any  room 
where  any  such  registration,  revision  of  registration,  or  election 
or  canvass  of  votes,  or  of  making  any  returns  or  certificates 
thereof,  may  be  had-,  or  shall  molest,  interfere  with,  remove,  or 
eject  from  any  such  place  of  registration,  or  poll  of  election,  or 
of  canvassing  ballots  cast  thereat,  or  of  making  returns  or  certifi 
cates  thereof,  any  such  inspector  of  election,  poll-clerk,  chal- 
lenger, or  person  designated  as  provided  in  this  chapter  to  watch 
the  canvass  of  any  ballots,  save  as  otherwise  provided  in  this 
chapter,  or  shall  unlawfully  threaten,  or  attempt,  or  offer  so  to  do, 
every  such  person  shall  be  guilty  of  a  misdemeanor,  and  on  con 
viction  thereof,  shall  be  punished  by  imprisonment  in  a  peni- 
tentiary for  not  less  than  six  months  nor  more  than  one  year, 
or  shall  be  fined  not  less  than  five  hundred  nor  more  than  two 
thousand  dollars,  or  both. 

§  1919.  Any  inspector  of  election  who  shall  willfully  neglect, 
or  when  called  on,  shall  willfully  decline  to  exercise  the  powers 
conferred  on  him  in  this  chapter,  for  any  of  the  purposes  set 
forth  in  section  eighteen  hundred  and  fifty  six  of  this  act,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  punished  by  imprisonment  in  a  penitentiary  for  not  less 
than  thirty  days  nor  more  than  one  year,  or  by  a  fine  of  not  less 
than  two  hundred  and  fifty  nor  more  than  one  thousand  dollars, 
or  by  both  such  fine  and  imprisonment. 


OFFKNSKS  I'NDKK   I  UK  KLKCTION  LAW  S. 


045 


§  1920.  H  any  personshall,  upon  the  day  of  any  such  election, 
orbefore  the  canvass  of  votes  is  completed,  steal,  Or  willfully  break 
or  destroy  any  ballot-box  used,  or  intended  to  be  used,  at  such 
election,  or  shall  willfully  or  fraudulently  conceal,  secrete,  or 

remove  any  such  box  from  the  custody  of  th.'  inspectors  of  elec- 
tion, or  shall  alter,  deface,  injure,  destroy  or  conceal  any  ballot 
which  has  been  deposited  in  any  ballot-box  at  such  election, 
which  has  not  been  already  counted  and  canvassed,  or  any  poll- 
list  used,  or  intended  to  be  used  at  such  election,  or  any  report, 
return,  certificate,  or  other  evidence  in  this  chapter  required,  or 
provided  for,  shall  on  conviction  thereof,  be  adjudged  guilty  of 
a  felony,  and  shall,  for  each  and  every  such  offense,  be  punished 
by  imprisonment  in  a  State  prison  for  not  less  than  two  nor  more 
than  five  years. 

§  1921.  If  in  any  election  district,  at  any  general  registration 
of  voters  or  revision  thereof,  or  at  any  election  hereafter  held'in 
the  city  and  county  of  New  York,  any  inspector  of  election  or 
poll-clerk  shall  knowingly  or  willfully  admit  any  person  to  regis- 
tration, or  make  any  entry  upon  any  register  of  voters  or  poll- 
book,  or  receive  any  vote,  or  proceed  with  the  canvass  of  ballots, 
or  shall  consent  thereto,  unless  a  majority  of  all  the  inspectors 
of  election  in  said  election  district  are  present  and  concur,  he 
shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  misde- 
meanor, and  shall  be  punished  by  imprisonment  in  the  county 
jail  not  less  than  thirty  nor  more  than  sixty  days,  or  fined 
not  less  than  one  hundred  nor  more  than  one  thousand 
dollars,  or  by  both  such  fine  and  imprisonment.  If  any  inspector 
of  election  in  any  election  district  shall,  without  urgent  neces- 
sity, absent  himself  from  the  place  of  registration  or  the  polls  in 
said  district,  upon  any  day  of  registration  or  election,  whereby 
less  than  a  majority  of  all  the  inspectors  in  such  election  district 
shall  be  present  during  the  hours  of  registration,  election,  or 
canvass  of  ballots,  he  shall,  upon  conviction,  be  adjudged  guilty 
of  a  misdemeanor,  and  shall  be  punished  by  imprisonment  in  the 
county  jail  not  less  than  sixty  days  nor  more  than  six  months, 
or  shall  be  fined  not  less  than  five  hundred  nor  more  than  one 
thousand  dollars,  or  both. 

§  1922.  It  is  hereby  made  the  especial  duty  of  the  district 
attorney  of  the  county  of  New  York  to  immediately  prosecute 
all  complaints  which  may  be  made  of  a  violation  of  any  of  the 
provisions  of  this  chapter,  or  of  the  election  laws  of  the  State,  to 
final  judgment;  and  the  court  before  which  any  conviction  for 
such  violation  shall  be  had,  shall  not,  in  any  case,  suspend  sen- 
tence or  judgment  for  more  than  ten  days;  but  no  indictment 
for  such  violation  shall  be  brought  to  trial  unless  the  com- 
plainant (if  any),  if  he  can  be  found,  shall  have  at  least  two 


Id.  {81. 

fHf  lint  or 
destroying, 

■earaubf  oif 

removing  lull- 
lot  boxee  or 

lilllliits  JXlll 

list*.  ri'iMirt, 

return,  oernfl 

I'lltl',  I'll'  .  lie 

clared  a  felony. 


How  punished. 


Id.  $82. 

Inspectors  and 
poll-clerks 
admitting 
persons  to 
registration 
willfully  and 
unlawfully, 
guilty  of  a  mis- 
demeanor. 


How  punished. 


Absence  from 
duty  except 
from  urgent 
necessity,  a 
misdemeanor. 


How  punished. 


Id.  $83. 
District  attor- 
ney to  prose- 
cute all  com- 
plaints of  viola- 
tions of  this  " 
chapter  to  final 
judgment. 
Judgment  not 
to  be  suspended 
more  than  10 
days. 


046 


OFFENSES  UNDKR  THE  ELECTION  LAWS. 


1872,ch.«7S,  $84, 
Comp.  830. 
Keeping  bal- 
lots, elec- 
tioneering, and 
distributing 
tickets  in  poll- 
ing places, 
declared  a 
misdemeanor. 


How  punished. 


Id.  $85. 

Havingdistllled 
or  spirituous 
liquors  in 
polling  places, 
declared  a 
misdemeanor. 


Id.  $86. 

Irregularities  in 
holding  elec- 
tions. 


Id.  $87. 
Effect  of  cer- 
tain acts. 


Id.  $88. 
New  rule  of 
evidence. 


Id.  $89. 
Meaning  of 
word  election 
as  used  in  this 
chapter. 


days'  notice,  in  writing,  from  the  said  district  attorney,  of  the 
day  when  he  intends  to  try  the  same. 

§  1!)23.  It  shall  he  unlawful  for  any  inspector  of  election, 
poll-clerk,  challenger,  or  person  designated  as  provided  in  this 
chapter  to  be  present  at  the  canvass  of  any  ballots  in  any  dis- 
trict, during  the  election  or  canvass  of  ballots,  to  have  or  keep 
any  ballots  behind  the  boxes  or  within  the  polling-place,  or  for 
them  or  any  person  or  persons  within  the  polling-place  to  elec- 
tioneer, distribute  tickets  or  ballots,  or  engage  in  any  political 
discussion.  Any  violation  of  this  section  shall  be  a  misde- 
meanor, and  shall  be  punished  by  imprisonment  in  the  county 
jail  for  not  less  than  ten  nor  more  than  ninety  days,  or  by  a  fine 
of  not  less  than  one  hundred  nor  more  than  one  thousand 
dollars,  or  both. 

£  l!i24.  Whoever,  during  the  sitting  of  any  board  of  inspec- 
tor* of  election  in  any  ^election  district  in  the  city  and  county  of 
New  York,  whether  held  for  the  purposes  of  registration,  re 
vision  of  registration,  reception  or  canvass  of  votes,  or  of  making 
return  thereof,  shall  bring,  take,  order,  or  send  into,  or  shall 
cause  to  be  taken,  brought,  ordered,  or  sent  into,  or  shall  at- 
tempt to  bring,  take,  or  send  into  any  place  of  registration,  or 
revision  of  registration,  or  of  election,  any  distilled  or  spirituous 
liquors  whatever,  or  shall  at  any  such  time  and  place  drink  or 
partake  of  any  such  liquor,  shall  be  deemed  and  held  to  be  guilty 
of  a  misdemeanor. 

§  1925.  Irregularities  or  defects  in  the  mode  of  noticing,  con- 
vening, holding,  or  conducting  an  election,  authorized  by  law, 
shall  constitute  no  defense  to  a  prosecution  for  a  violation  of  the 
provisions  of  this  chapter. 

§  1926.  Every  act  which,  by  the  provisions  of  this  chapter  or 
the  general  election  laws,  is  made  criminal  when  committed 
with  reference  to  the  election  of  a  candidate,  is  equally  criminal 
when  committed  with  reference  to  the  determination  of  a  ques- 
tion submitted  to  electors  to  be  decided  by  votes  cast  at  an  elec- 
tion. 

§  1927.  Upon  any  prosecution  for  procuring,  offering,  or  cast- 
ing an  illegal  vote,  the  accused  may  give  in  evidence  any  fact 
tending  to  show  that  he  honestly  believed,  upon  good  reason, 
that  the  vote  complained  of  was  a  lawful  one,  and  the  jury  may 
take  such  facts  into  consideration  in  determining  whether  the 
acts  complained  of  were  willfully  done  or  not. 

§  1928.  The  word  election,  as  used  in  this  chapter,  shall  be 
construed  to  designate  only  elections  had  within  the  city  and 
county  of  New  York,  for  the  purposes  of  enabling  electors  to 
choose  some  public  officer  or  officers,  under  the  laws  of  this 
State  or  the  United  States,  or  to  pass  upon  any  amendment, 


ADVERTISEMENT  OK    ELECTION  DISTRICTS,  ETC.  047 

law,  or  other  public  act  or  proposition  submitted  to  vote  by 
law. 

5$  192!>.  The  boundaries  of  all  election  districts,  and  the  lo<  a    '•>  " 

«  'as  amended 

tion  of  all  places  of  registration,  revision  of  registration,  or  poll-  |HTri- oh  *«. R 

ii-  it  "i  i-l- <     J  J*        iv  "Cinvmwni" 

mg  places  shall  he  public]  v  ad  vert  ised  on  the  day  preceding  tlie  f<.r  "c-an»M§;" 

1  *  .  .  .         .  ,    °.  " and  In  the 

tirst  day  of  any  general  registration  or  revision  of  registration,  j-uy  ij^-oni" 
and  on  each  day  of  registration,  revision  of  registration,  or  day  n„undari.:s <»r 
of  election,  and  on  such  day  or  days  only.    The  official  canvass,  tn^u""tc. to 
immediately  upon  its  completion  and  declaration  by  the  board  of  "  *'  "r  * 
county  canvassers,  shall  be  publicly  advertised  for  one  day  only. 
All  advertising  provided  for  in  this  section  shall  be  done  in  two 
daily  newspapers  only,  published  in  the  city  of  New  York,  to  be 
designated  by  the  hoard  of  police,  and  in  the  City  Record,  and 
all  matter  advertised  shall  be  prepared  and  furnished  the  jour- 
nals in  which  it  is  to  be  inserted,  free  from  unnecessary  verbiage 
or  repetition;  and  in  the  publication  of  any  official  canvass,  all 
numbers  shall  be  printed  in  numerals  only,  and  the  statement  or 
declaration  shall  be  put  in  tabular  form. 

§  1830.  The  legal  compensation  of  all  inspectors  of  election  ^p"^5-*91- 
and  poll-clerks  and  other  officers  of  election,  the  cost  and  ex-  Expenses  of 

e     -it  ii-         elections  to  be 

peases  ol  all  necessary  election  notices,  posters,  maps,  advertise-  a  county 
nients,  registers,  books,  blanks,  and  stationery,  the  rent  and  cost  same  manner 
of  fitting  up,  warming,  lighting,  cleaning,  and  safe-keeping  of     of  oou^ty811 
all  places  of  registration,  revision  of  registration,  and  polling- 
places,  of  furnishing,  repairing,  and  carting  ballot-boxes,  and  of 
all  supplies  of  every  kind  and  nature  for  all  elections  in  the  city 
of  New  York  shall  be  a  city  charge,  and  shall,  upon  proper  cer- 
tificates and  vouchers,  be  paid  *in  the  same  manner  as  by  law 
provided  for  the  payment  of  other  expenses  of  the  said  city  of 
New  York.    The  board  of  aldermen  of  the  said  city  of  New        of  alder. 
York  shall  yearly  levy  upon  the  estates,  real  and  personal,  of  the  "vy1  th/early 
said  city  and  county  of  New  York,  the  amounts  estimated  to  be  quired  u>pay 
required  to  pay  the  expenses  of  the  registration,  or  revision  of  Ii2ct^.0f 
registration,  and  of  all  elections  which  may  be  held  in  said  city 
and  county  during  the  year. 

§  1931.  The  sheriff  or  clerk  of  the  county  of  New  York,  who  1w2.ch.i80.s14, 
shall  receive  a  notice  of  an  election,  shall,  without  delay,  deliver  i86o.ch.48o, 
a  copy  of  such  notice  to  the  board  of  aldermen,  and  each  alder-  Du™Pof^heriiT 
man  of  said  city.    He  shall  also  cause  a  copy  of  such  notice  to  ifee^n&m. 
be  published  once  in  each  week  until  the  election  therein  speci- 
fied, in  such  newspapers  in  said  county,  not  exceeding  fifteen  in 
number,  having  the  largest  circulation  in  the  city  and  the 
county. 


t;is 


FAST  DRIVING  AND  INCUMBERING  THE  STREETS. 


18.fi,  ch.  11,  $5, 
Comp.  857. 
Fast  driving  or 
riding,  how 
punished. 


1813,  ch.  86, 
«1»8.  19«, 
Comp.  864. 
Carriages  to 
take  right  Hide 
of  rood. 
Penalty. 


Who  liable  for 
penalty. 


1871,  ch.  745,  Jl, 
Comp.  857. 
Weight  of 
loads  and 
width  of  tires. 


Id.  S2. 

Loaded  vehi- 
cles to  be 
weighed,  when 
required. 


CHAPTER  XXV. 
Various  Subjects  of  Municipal  or  Local  Reoulation. 
Title  \.—The  Streets. 

§  1932.  Any  person  who  shall  drive  or  ride  any  horse 
through  any  street,  lane,  alley,  or  puhlic  place  within  the  city 
of  .Now  York,  with  greater  speed  than  at  the  rate  of  five  miles 
in  an  hour,  shall  he  deemed  guilty  of  disorderly  conduct,  and 
upon  conviction  thereof  hy  any  magistrate,  either  upon  the  con- 
fession of  the  party  or  competent  testimony,  may  he  fined  for 
such  offense  any  sum  not  exceeding  ten  dollars  ;  and,  in  default 
of  payment  of  such  tine,  may  he  committed  to  prison  hy  such 
magistrate  until  the  same  he  paid  ;  but  such  imprisonment  shall 
not  exceed  ten  days. 

§  1933.  In  all  cases  of  persons  meeting  each  other  in  any 
street  or  road  in  the  city  of  New  York,  in  carriages,  wagons, 
carts,  or  sleighs,  each  person  so  meeting  shall  go  to  that  side  of 
the  street  or  road  on  his  right,  so  as  to  enable  the  carriages, 
wagons,  carts,  or  sleighs  so  meeting  to  pass  each  other,  under 
the  penalty  of  five  dollars  for  every  offense,  to  be  recovered  by 
an  action,  with  costs  of  suit,  in  any  court  having  cognizance 
thereof,  by  any  person  suing  for  the  same.  The  proprietor  of 
the  carriage,  wagon,  or  sleigh  neglecting  or  refusing  to  turn  to 
the  right  as  above  directed,  shall  be  considered,  if  present  at  the 
time  of  such  meeting,  as  the  person  committing  the  said  of- 
fense, and  if  absent,  then  the  driver  thereof  shall  be  so  con- 
sidered. 

§  1934.  No  person  shall,  at  any  time*  pass,  drive,  carry  on  or 
over  the  Southern  Boulevard  more  than  four  thousand  pounds 
(not  including  vehicle)  at  one  load,  on  any  vehicle  on  wheels, 
whose  rims  or  tires  are  less  than  five  inches  in  width.  Any  per- 
son violating  the  provisions  of  this  section  shall  be  liable  to  a 
penalty  of  ten  dollars  for  each  offense,  to  be  recovered  in  the 
name  of  the  mayor,  aldermen,  and  commonalty  in  any  district 
court. 

§  1935.  The  owner,  agent,  or  driver  of  any  loaded  vehicle 
upon  wheels,  running  upon  the  said  Southern  Boulevard,  having 
rims  or  tires  less  than  five  inches  in  width,  shall,  upon  being  re- 
quired by  the  authority  having  charge  of  said  Southern  Boule- 
vard, permit  such  loaded  vehicle  to  be  weighed  at  the  expense  of 


PAST  DRIVING  AND  INCUMBERING  THE  STREETS. 


(ihd  city  upon  any  scales  erected  upon  the  Line  of  said  Boule- 
vard to  ascertain  it' it  exceed  the  weight  permitted  by  law  to  be 
driven  or  carried  over  said  road;  and,  upon  refusal  to  do  so. 
such  owner,  agent,  or  driver  shall  be  liable  to  a  penalty  of  five 
dollars  for  each  offense,  to  he  recovered  in  the  same  manner. 

§  193G.  No  person  or  persons  shall  t  brow,  cast,  or  lay  any  wa^ch. «rr, 
ashes,  offal,  vegetables,  garbage,  dross,  cinders,  shells,  straw,  8>mp.85«, 
shavings,  dirt,  tilth,  or  rubbish  of  any  kind  whatever  in  any  thiwingaahet 
gutter,  street,  lane,  alley,  or  in  any  public  place  in  the  city,  violations,  ho* 
The  willful  violation  of  any  of  the  provisions  of  this  section  : 
shall  be  and  is  hereby  declared  to  be  a  misdemeanor,  and  shall  be 
punishable  by  a  fine  of  not  less  than  one  dollar  nor  more  than 
ten  dollars,  or  by  imprisonment  for  a  term  of  not  less  than  one 
or  more  than  five  days. 

§  1937.  Every  person  who  shall  willfully  throw,  expose,  or  i«o, ch. 19, n, 
place,  or  who  shall  willfully  cause,  or  procure  to  be  thrown,  Throwing  c« 
eXpOSed,  Or  placed,  in  Or  UpOh   any   street,   highway,  OF   public  tastT^'u^de 
place  in  the  city  of  New  York,  open  for  the  passage  of  animals,  «»»»w. 
any  nails,  pieces  of  metal,  glass,  or  other  substance  or  thing 
which  might  maim,  wound,  lame,  cut.  or  otherw  ise  injure  any 
animal,  shall  be  guilty  of  a  misdemeanor. 

§  1938.  Every  person  who  shall  throw,  expose,  or  place,  or  w  is. 
who  shall  cause  or  procure  to  be  thrown,  exposed,  or  placed  in 
or  upon  any  such  street,  highway,  or  public  place,  except  upon 
the  curves,  crossings,  or  switches  of  railroad  tracks,  any  salt, 
saltpeter,  or  other  substance  for  the  purpose  of  dissolving  any 
snow  or  ice  which  may  have  fallen  or  been  deposited  thereon, 
shall  be  guilty  of  a  misdemeanor. 

jj  1939.  No  procession  or.  parade  shall  use  any  street,  upon  the  ik^cIlmo, $1, 
surface  of  which  is  a  railway  track  or  tracks,  by  marching  upon  xo  procession 
the  said  track  or  tracks  ;  and  a  free  passage  of  cars  upon  railway  teV^fwIth 
tracks  shall  not  be  interfered  with  by  the  formation,  halt,  or  care  upon  rail- 
march  of  any  such  procession  or  parade,  or  of  the  persons  how  to  cross 
composing  it-    Whenever  any  procession  shall  find  it  necessary  ,ail,vav  ,ra.ck9- 
to  march  across  a  railway  track,  the  portion  of  said  procession 
which,  in  so  marching,  is  likely  to  stop  the  passage  of  any  car  or 
cars  upon  said  track,  shall  come  to  a  halt  in  order  to  permit  said 
car  to  proceed. 

§1910.  All  processions  or  parades  occupying  or  inarching  w.fs 
upon  any  street,  to  the  exclusion  or  interruption  of  other  citizens  andpr"'-."'!.'1^ 
in  their  individual  right  of  use  thereof  (excepting  the  national  ceptujwn  e: 
guard  and  the  police  and  fire  departments),  are  forbidden,  unless 
written  notice  of  the  object,  time,  and  route  of  such  procession 
or  parade  be  given  by  the  chief  officer  thereof,  not  less  than  six 
hours  previous  to  its  forming  or  marching,  to  the  police 
authorities  of  the  city ;   and   it   may  be  lawful    for  said 


notice,  etc. 


650 


I'ROCKSSIONS  AM)  I'AKADKS. 


Escort  to  bo 

f  urnushed 


Id.  IS, 

ns  amrndrd 
I860,  ch.  42,  $l. 
Forbidden  on 

Sunday. 


Fireworks,  etc. 
prohibited. 


Id.  |i 


Penalty 


18G0,  ch.  10, 
Comp.  1842. 
Railroads  In 
pity  of  Nr w 
York. 

I")  Barb,  «*; 

50  How.  121; 

51  Barb.  285,909; 
K  Rot  .481, 


1«79,  ch.  523, 
Pomp.  197T. 


police  authorities  to  designate  to  such  procession  or  parade  how 
much  of  the  ivt  in  width  it  can  occupy,  with  especial  reference 
to  crowded  thoroughfares,  through  which  said  procession  may 
move' ;  and  when  so  designated,  the  chief  officer  of  taid  procession 
<>r  parade  shall  he  responsible  that  the  designation  is  obeyed;  and 
it  shall  be  the  duty  of  the  police  authorities  to  furnish  such  escort 
aa  maybe  necessary  to  protect  persons  and  property  and  maintain 
the  public  peace  and  order. 

£  1041.  All  processions  or  parades  on  Sunday,  in  any  street  or 
public  place  of  the  city,  excepting  only  funeral  processions 
engaged  in  the  actual  burial  of  the  dead,  and  processions 
to  and  from  any  place  of  worship  in  connection  with  a 
religious  service  there  celebrated,  an-  forhidden ;  and  in  no 
Mich  excepted  case  shall  there  he  any  music,  fireworks, 
discharge  of  cannon  or  fire-arms,  or  other  disturbing  noise  ; 
provided  that  in  any  military  or  grand  army  of  the  republic 
funeral,  music  may  he  played  while  escorting  the  body  to  and 
1 1 oin  such  places,  but  such  music  shall  not  be  played  within  one 
block  of  any  place  of  worship  where  worship  is  being  celebrated. 

1!»42.  Every  person  willfully  violating  any  provision  of 
the  three  preceding  sections  shall  be  guilty  of  a  misdemeanor, 
punishable  with  a  fine  not  exceeding  twenty  dollars,  or  imprison- 
ment not  exceeding  ten  days,  or  both,  at  the  discretion  of  the 
court. 

§  104S.  It  shall  not  be  lawful  to  lay,  construct,  or  operate 
any  railroad  in,  upon  or  along  any  or  either  of  the  streets  or 
avenues  of  the  city,  wherever  such  railroad  shall  commence  or 
end,  except  under  the  authority  and  subject  to  the  regulations 
and  restrictions  which  the  legislature  may  have  granted  since 
the  thirteenth  day  of  January,  eighteen  hundred  and  sixty, 
or  may  hereafter  grant  and  provide.  This  section  shall  not  be 
deemed  to  affect  the  operation,  as  far  as  laid,  of  any  railroad  at 
such  date  constructed  and  duly  authorized.  Nor  shall  it  be  held 
to  impair,  in  any  manner,  any  valid  grant  for  or  relating  to 
any  railroad  in  said  city,  existing  on  the  first  day  of  January, 
eighteen  hundred  and  sixtv. 

§  1044,  It  shall  not  be  lawful  to  grant,  use,  or  occupy  for  the 
purposes  of  an  elevated  railroad  any  portion  of  the  following 
named  streets  and  places,  that  is  to  say,  Second  avenue  below 
Twenty-third  street,  Xassau  street,  Printing  House  square,  so 
called,  south  of  Frankfort  street,  Park  row,  Broadway  south  of 
Murray  street,  Broad  street,  and  Wall  street.  But  nothing 
herein  contained  shall  be  construed  to  take  away  any  right 
given  by  the  report  of  the  rapid  transit  commissioners,  so  called, 
or  any  existing  right  to  cross  at  an  elevation  any  of  said  streets, 
or  to  affect  any  act  passed  before  Juno  nineteenth,  eighteen 


RAlLROA&S  IN  TttE  BTREET8. 


hundred  and  seventy-nine,  restricting  the  right  t<>  use  or  occupy 
any  of  said  streets. 

§  1945.  It  shall  not  be  lawful  for  any  company  organizod  !';,';  ;, 
under  the  provisions  of  chapter  six  hundred  and  six  of  the  laws 
of  eighteen  hundred  and  seventy-five,  or  under  any  other  act  ;■< jjjctej n..  eer 
passed  hefore  June  eighteenth,  eighteen  hundred  and  seventy-  N  Y 
five,  to  construct  a  steam  railway  upon  St.  Nicholas  avenue,  or 
those  streets  or  avenues  in  said  city  commonly  known  as  boule- 
vards, except  to  cross  the  same,  under  such  regulations  as  shall 
he  imposed  by  the  commissioners  provided  for  by  said  act,  and 
every  such  company  shall  be  bound  by  the  restrictions  and  lim 
itations  as  to  its  route  and  as  to  its  mode  of  construction,  which 
shall  be  established  by  the  commissioners  appointed  under  the 
acts  from  which  its  powers  were  derived,  as  far  as  such  restric- 
tions and  limitations  are  consistent  with  the  provisions  of  said 
chapter  six  hundred  and  six  of  the  laws  of  eighteen  hundred 
and  seventy-five.    The  provisions  of  this  section  shall  not  be 
deemed  to  apply  to  any  horse  street  railway  existing  on  June 
eighteenth,  eighteen  hundred  and  seventy-five  and  theretofore 
authorized  to  bo  constructed. 

§  1940.  It  shall  not  be  lawful  for  commissioners  appointed  cS^ia?'*4' 
pursuant  to  the  provisions  of  chapter  six  hundred  and  six  of  the  ?Jg5Ti!' 'in- 
laws of  eighteen  hundred  and  seventy-five  or  the  amendments 
thereof  to  locate  the  route  or  routes  of  any  railway  over,  under, 
through  or  across  Broadway  or  Fifth  avenue,  below  Fifty-ninth 
street,  Fourth  avenue  above  Forty-second  street,  in  the  city  of 
New  York,  nor  over,  under,  through  or  across  such  portions  of 
streets  and  avenues  as  are  already  legally  designated  for  the 
main  line  of  or  occupied  by  an  elevated  or  underground  railway, 
in  actual  operation,  nor  over,  under,  through  or  across  such  as 
are  contained  in  public  parks,  nor  over,  under,  through  or  across 
such  as  are  occupied  by  buildings  belonging  to  the  county,  or  to 
this  State,  or  to  the  United  States. 

§  1947.  No  stage  or  omnibus  route,  or  authority  to  run  stages  com^aBa0' 5! 
or  omnibuses  in  said  city,  shall  hereafter  be  granted  by  the  com-  common  coim- 
mon  council,  unless  a  majority  of  the  owners  of  property  upon 
the  street  or  streets,  avenue  or  avenues,  in  or  upon  which  any 
such  route  or  privilege  is  to  be  operated,  shall,  before  the  com- 
mon council  act  on  the  subject,  first  consent  in  writing  thereto. 

§  1948.  Before  any  route  for  the  running  of  omnibuses  or  J^iphei* ,sU 
stages  shall  be  established  or  allowed  to  be  operated  in  said  city,  Licensing  of 

•  •  i         -i      t         i  f  r  ominous  and 

except  as  provided  in  section  nineteen  hundred  and  fifty-one,  Ihe  stages, 
application  therefor  shall  be  made  in  writing  to  the  mayor  of 
said  city,  specifying  the  route  proposed  to  be  established  and  the 
number  of  stages  or  omnibuses  proposed  to  be  run  thereon  ;  and 
unless  the  said  mayor  shall  communicate  such  application  to  the 


OMNIBUS  AND  BTA(«K  ROUTKS. 


1857.  ch.ftlO,  J?, 
Comp.  titS. 
Who  to  run 

BtagCM. 


18M,eh.M2,  $15 
i  Somp,  Btt, 
Consent,  when 
und  how 

terminated. 


ni.  |ic. 

Sta^o  routes 
established 
before  April  1. 
1854. 


1854,  ch.  142, 
$17,  Conip.  802. 
Regulations. 

1813,eh.  86,  $206. 
Comp.  864. 
Penalty  for 
injuring  lamps, 
windows, 
knock<  rs,  etc. 


common  council,  with  hie  approval  thereof,  and  a  majority  of 
tlie  members  elected  to  such  hoard  shall,  after  receiving  such 
communication  and  approval,  vote  in  favor  thereof,  no  such 
route  shall  he  established  or  operated  ;  and  upon  such  favorahle 
action,  such  route  may  he  established  and  operated  accordingly, 
and  the  ownership  thereof  may  be  transferred. 

§  1949.  Any  stage  route  or  privilege  hereafter  granted  hy  the 
common  council  shall  he  disposed  of  at  public  auction,  in  the 
mannci  now  provided  by  law  for  the  disposal  of  the  franchises 
of  said  city,  to  the  bidder  who  will  give  the  largest  sum  per  an 
num,  with  adequate  security,  to  the  corporation  of  said  city,  for 
the  right  or  privilege. 

g  1950.  No  consent  or  authority  given,  pursuant  to  the  pro- 
visions of  the  last  section  hut  one,  shall  he  terminated  or  altered 
unless  by  the  concurrence  of  the  votes  of  two-thirds  of  all  the 
members  elected  to  the  common  council,  nor  unless  the  mayor 
shall  approve  and  certify  his  approval  thereto,  except  that  his 
approval  is  not  necessary  to  an  alteration  or  extension  of  route 
of  any  company  organized  under  chapter  one  hundred  and  forty- 
two  of  the  laws  of  eighteen  hundred  and  fifty-four ;  and  when 
such  authority  or  consent  shall  be  terminated  or  altered,  without 
the  consent  of  the  proprietors  of  the  route,  they  shall  he  entitled 
to  receive  compensation  from  the  corporation  of  said  city  for  the 
damages  sustained  by  them  thereby,  provided  that  such  action 
is  not  in  consequence  of  the  violation  on  the  part  of  the  proprie- 
tors of  such  route  of  the  provisions  of  law,  or  of  such  regulations 
as  the  said  common  council  may  lawfully  impose  upon  such  pro- 
prietors. 

§  1951.  The  provisions  contained  in  the  preceding  section  shall 
apply  to  all  routes  for  omnibuses  or  stages  established  on  or  be- 
fore April  fourth,  eighteen  hundred  and  fifty-four,  in  said  city  ; 
and  licenses  then  in  force  for  omnibuses  or  stages  therein,  and 
any  such  routes  or  licenses  established  or  in  force  shall  he  deemed 
to  have  the  approval  and  consent  hereinbefore  provided  for,  and 
have  the  same  effect  as  if  made  or  granted  pursuant  to  the  pre- 
ceding provisions,  and  may  be  transferred  by  the  owners  thereof 
and  operated  accordingly.  The  corporation  of  said  city  shall  be 
entitled  to  demand  and  receive  license  fees  at  the  then  existing 
artes,  and  to  take  the  necessary  means  to  collect  the  same. 

§  1952.  It  shall  not  be  lawful  to  run  stages  or  omnibuses  in 
said  city  except  in  conformity  "with  the  four  preceding  sections. 

§  1953.  If  any  person  shall  willfully  break,  take  down,  or 
carry  away  any  glassdamp  hung  or  fixed  in  any  of  the  streets 
of  the  city  of  New  York,  or  extinguish  the  lights  therein,  or  be 
aiding  or  abetting  in  the  same,  or  shall  willfully  break  or  deface 
any  glass,  window,  porch,  knocker,  or  other  fixture  in  the  said 


HKK.VKINt «  STI5KKT  I. AMI'S,  KT(  . 


city,  and  shall  bo  thereof  convicted  before  the  recorder,  or  bo- 
fore  either  of  the  police  justices,  either  by  the  confession  of  the 
party  or  by  tbo  oath  of  one  or  more  credible  witness  or  -wit- 
nesses, he  or  she  shall,  for  every  such  offense,  pay  a  fine  not  c.\ 
feeding  twenty-five  dollars,  one-half  to  be  paid  to  the  person  or 
persons -who  shall  prosecute  for  the  same  to  effec  t.    Upon  re-  *••»*• 

r  '  1  On  refllRAl  of 

fusal  of  payment  of  such  fine,  it   shall  and  mav  be  lawful  for  i^v>»;-nt 

r    J  '  J  offender  to  bo 

such  recorder  or  justice,  before  whom  such  conviction  -ball  take  committed  to 

J  '  l>eiiltt-ntlaiy 

place,  to  commit  such  offender  (o  the  penitentiary,  there  to  re- 
main without  bail  for  the  space  of  t  wo  months,  or  until  such 
fine  and  costs  are  paid:  and  if  any  such  offense  shall  be  com- 
mitted by  any  apprentice  or  servant,  such  forfeiture  shall  be 
paid  by  his  or  her  master  or  mistress,  or  in  default  thereof  such  rorsarWat. 
apprentice  or  servant,  shall  be  committed  to  such  penitentiary 
in  manner  aforesaid. 

§  1954.  It  shall  and  may 'be  lawful  to  and  for  any  sheriff,  ^amSu 
deputv  sheriff,   marshal,  or  member  of  the  police  force,  who  offenders 

L      "  '  1  whose  names 

shall  see  anv  person  commit  anv  of  the  mischiefs  or  trespasses  are  unknown. 

J   *  -  1  may  be 

aforesaid,  if  such  person  or  persons  shall  be  unknown  to  such  <J*taiue<i. 
sheriff,  deputy  sheriff,  marshal,  or  member  of  the  police  force, 
to  seize,  secure,  and  detain  such  offender  so  unknown  to  him  as 
aforesaid,  until  he  can  discover  the  name  of  such'  offender,  or 
until  the  next  morning  [it  the  offense  shall  be  committed  in  the 
night  time  and  the  offender  shall  refuse  to  discover  his  or  her 
name),  when  such  offender  shall  be  brought  before  the  recorder 
or  one  of  the  police  justices,  who  on  conviction  of  such  offender 
shall  proceed  against  him  or  her  in  the  manner  hereinbefore  di- 
rected; and  further,  in  case  any  person  shall  commit  any  or  sherut  etc., to 

*        .         '  '  .  _  .      ,  "         K've  informa- 

eithor*>f  the  offenses  aforesaid  m  the  presence  of  such  sheriff ,  tionor 

offenses. 

deputy  sheriff,  marshal,  or  member  of  the  police  force,  then 
every  such  sheriff,  deputy  sheriff,  marshal,  or  member  of  the 
police  force,  shall  forthwith  give  information  thereof  to  such 
recorder  or  either  of  the  police  justices,  in  order  that  such  of- 
fender may  be  convicted  thereof  and  punished. 

§  1955.  Neither  the  two  preceding  sections,  nor  anything 
therein  contained,  shall  bar  or  preclude  any  person  or  persons  vWnJvoUr 
from  recovering  his,  her,  or  their  damages  against  any  other  damages, 
person  or  persons  who  shall  be  guilty  of  any  of  the  mischiefs 
or  trespasses  aforesaid,  but  the  same  may  be  recovered  in  the 
same  manner  as  if  they  had  never  bee;i  passed. 

§  1950.  Every  person  who  shall  or  may  be  present  when  any  ia.  5210. 
of  the  mischiefs  or  trespasses  in  the  three  preceding  sections  Iramedsuito. 
mentioned  shall  be  committed,  shall  be  deemed  to  be  guilty 
thereof,  and  be  subject  to  the  penalties  inflicted  therein,  al- 
though he  or  she  shall  not  be  aiding,  abetting,  or  assisting  there- 
in, unless  such  person  shall  give  evidence  whereby  to  convict 


554 


BREAKING  STREET  EAMl'S,  ETC 


1*!;),  ch.  88, 

§an,  Comp.  wv> 

Informer  not 
liable,  for 
penalty 


1887,  ch  bOO, 
i'J7,  Comp.  M7. 
No  ob  truc- 
Uodh  around 
lauding  of 
malreanes  of 
llurlim  bridge 


1681,  ch.  310. 
Owners  may 
lay  out  parts, 
etc. 


Not  to  be  ex- 
pense to  city. 


1881,  ch.  280, 

sii.  3. 

Upon  railroad 
company 
tiling  bond  to 
pay  half  the 
co6t,  city  to 
construct  iron 
bridge. 


Plans,  eto. 


the  person  or  persons  really  guilty  thereof,  or  unless  he  or  she 
shall  declare  upon  oath  that  lie  or  she  came  there  accidentally, 
and  that  he  or  she  doth  not  know  who  the  offender  or  offend- 
ers is  or  are. 

§  1957.  If  two  or  more  persons  shall  have  been  jointly  con- 
cerned in  committing  any  of  the  offense  s  aforesaid,  and  one  or 
more  of  them  (not  being  before  informed  against)  shall,  within 
(he  space  of  one  month  after  the  offense  committed,  inform 
against  any  or  all  the  other  or  others  concerned  in  the  same 
offense  so  as  to  convict  him,  her,  or  them,  the  person  so 
informing  shall  not  he  liable  to  the  payment  of  the  fine  herein- 
before mentioned,  but  shall,  notwithstanding  his  or  her  offense, 
bo  entitled  to  the  reward  hereinbefore  allowed  to  informers,  any- 
thing hereinbefore  contained  to  the  contrary  thereof  in  anywise 
notwithstanding. 

§  1958.  It  shall  not  be  lawful  to  place,  or  cause  to  be  placed, 
any  obstruction  or  impediment  at  or  around  the  landing  of  the 
staircases  at  the  terminus  at  each  end  of  the  Harlem  and  Coles' 
bridge,  the  creation  at  which  shall  he  deemed  a  misdemeanor, 
punishable,  on  conviction,  by  a  fine  of  not  more  than  twenty- 
five  nor  less  than  ten  dollars.  And  the  police  department  is 
hereby  charged  with  the  execution  of  the  provisions  of  this 
section. 

§  1959.  The  owners  of  property  situate  on  East  Forty-second 
street,  between  First  and, Second  avenues,  are  authorized  to  lay 
out,  sod  and  cultivate  two  small  parks  on  East  Forty-second 
street,  between  said  named  avenues,  and  to  inclose  said  parks 
with  an  iron  railing;  the  said  work  and  improvement  to  be  done 
at  the  expense  of  said  owners  and  under  the  direction  of  and 
according  to  plans  approved  by  the  commissioner  of  public 
works  of  said  city.  Said  parks  when  laid  out  shall  be  main- 
tained and  kept  in  good  order  by  said  owners  without  expense 
to  and  continue  only  during  the  pleasure  of  the  mayor,  alder- 
men, and  commonalty  of  said  city  of  New  York. 

§  1960.  Upon  the  New  York  and  Harlem  Railroad  Company 
filing  with  the  comptroller  a  bond  to  pay  one-half  of  the  cost 
thereof  when  the  same  shall  be  completed,  it  shall  be  the  duty 
of  the  mayor,  aldermen  and  commonalty  of  the  city  of  New- 
York  to  construct  an  iron  bridge  for  foot  passengers  and  car- 
riages over  Fourth  avenue  at  Ninety-seventh  street  at  an  eleva- 
tion above  the  railroad  at  least  equal  to  that  of  the  bridges  now 
spanning  said  avenue  at  Forty-fifth  and  Forty-eighth  streets. 
Such  bridge  to  be  constructed  upon  plans  and  specifications  to 
be  approved  by  the  commissioner  of  public  works,  and  it  shall 
be  the  duty  of  said  commissioner  to  cause  such  bridge  to  be  con- 
structed as  soon  as  practicable  after  the  filing  of  said  bond.  The 


ESTABLISHING  AND  ALTERING  GRADES. 


grade  of  Ninety-seventh  street  shall  hi'  conformed  •<>  the  eleva- 
tion required  for  said  bridge. 
§  1961.  Fourth  aveune  at  Ninety-eighth  street  shall  not  be  flourtt  »v™m 

.  fluHril  t.)  foot 

crossed  by  foot  passengers  or  carnages  on  the  level  <>t  the  rail-  -«^-n. 
road,  but  Ninety -eighth  street  shall  be  closed  for  that  purpose 
at  the  easterly  and  westerly  lines  of  said  avenue. 

Title  2. — Establishing  and  Altering  Gh'ades, 

§  1902.  The  grades  of  the  streets  and  avenues  as  fixed  and  es-  W.'v 
tablished  south  of  Sixty-third  street  in  said  city,  or  which  shall  di'vy  '.!•'»;. 
be  hereafter  fixed  and  established  by  the  common  council  north  GMdea'of  oer- 
of  Sixty-second  street,  shall  not  be  changed* or  altered  except  as  tn  in  uit.  ri'ii 
hereinafter  provided.    Whenever  an  application  shall  be  made  to  sBonr.ta; 
change  or  alter  the  grade  of  any  street  or  avenue  established  be-  pjVr.MS'!w'i. 
fore  said  date  south  of  Sixty-third  street,  or  which  since  said  Noticeof  »ppii 
date  has  been  or  may* hereafter  be  established  north  of  Sixty-  l-".^/.'.'? any 
second  street,  in  whole  or  in  part,  or  if  at  any  time  the  common  puwwii^d* 
council  shall  deem  it  expedient  to  alter  or  change  any  such  grade 
in  whole  or  in  part,  it  shall  be  the  duty  of  the  commissioner  of 
public  works  to  give  notice  of  such  application  or  intention,  and 
the  said  notice  shall  be  published  in  the  "  City  Record,"  and  when 
authorized  in  accordance  with  the  provisions  of  section  sixty-six 
of  this  act,  in  four  daily  newspapers  in  said  city  for  ten  days  be- 
fore it  shall  be  lawful  for  the  said  common  council  to  take  any 
action  upon  such  application,  or  upon  such  proceeding  for  the 
change  of  such  grade;  and  it  shall  not  be  lawful  for  the  said 
common  council  to  alter  or  change,  in  whole  or  in  part,  the 
grade  of  any  street  or  avenue  in  said  city,  established  on  or 
before  March  four,  eighteen  hundred  and  fifty-two,  south  of 
Sixty-third  street,  or  which  has  been  established  since  that  date, 
or  which  may  hereafter  be  established  north  of  Sixty-second  Writ  ten  COI1- 
street,  except  upon  the  written  consent  of  the  owners  of  at  least  thirds  of 
two  thirds  of  the  land  in  lineal  feet  fronting  on  each  side  of  the  «"Ters  nece*' 
street  or  avenue  opposite  to  and  adjoining  that  part  thereof,  the 
grade  of  which  is  to  be  changed  or  altered.    And  hereafter,  . 
whenever  the  said  common  council  shall  propose,  to  establish, 
change,  or  alter  the  grade  of  any  street  or  avenue  of  said  city, 
north  of  Sixty-second  street,  like  notice  of  such  intention  shall  jt&SSSSma01 
be  published  as  provided  for  in  this  section.    But  nothing  in  stn'''t 
this  section  contained  shall  apply  to  any  street  or  avenue  com- 
prised in  the  district  referred  to  in  the  next  section.    The  com- 
missioner of  public  works  shall  have  the  special  powers  enumer- 
ated in  section  three  hundred  and  thirty  nine  with  reference  to 
the  streets  therein  referred  to. 

§  1063.  The  commissioner  of  public  works  shall  have  and  ^f\,c!l  mr- 
possess  exclusive  power  to  alter  and  amend  the  grades  which 


656 


ESTABLISHING  AND  ALTERING  GRADF8. 


Comp.  669,1009. 
J 872,  ch.  872,  $7, 
Comp.  303. 
Commissioner 
Of  public  works 
to  havu  control 
of  certain 
Ktreets,  etc. 
08  N.  Y.  246; 
4  Hun,  461; 
C4  N.  Y.  061 ; 

58  N.  Y.  486; 
4  Daly,  385; 

49  How.  40r,; 

50  N.  Y.  493; 
54  How.  313; 

59  How.  140; 
21  Hun,  533. 


Maps  of  Kirn  i-, 
what  to  show 
and  wh<>re  fll<>d. 


Ib07,  cl).  697,  *3, 
Comp.  659, 1009. 
Maps  to  be 
final. 

r,  Daly,  16; 
62N.Y.  623.024; 
3  Hun.  766. 


Damages,  how 
to  be  paid. 


1866,  ch.  367,  §2. 
Comp.  1004. 


existed  on  April  twenty-fourth,  eighteen  hundred  and  sixty- 
seven,  in  any  street,  avenue  or  road  then  existing  and  still  re- 
maining, and  to  establish  new  grades  for  all  streets,  avenues  or 
loads  that  were  laid  out  and  established  or  retained  within  that 
part  of  the  city,   which   is    bounded  as  follows:  North- 


One  Hundred  and  Fifty- 
westerly  side  of  Eighth 
y  side  of  Fifty-ninth  street, 
and  also  within  a  space  three 


erly  by  the  southerly  side  of 
fifth  street,  easterly  by  the 
avenue,  southerly  by  the  southei 
and  westerly  by  the  Hudson  river  ; 
hundred  and  fifty  feet  in  width  surrounding  the  Central  park. 
The  said  commissioners  shall  in  all  cases  of  the  establishment 
by  him  of  grades  for  streets,  avenues  or  roads,  cause  to  be  made- 
two  similar  maps  or  plans,  showing  the  grades  that  shall  be 
amended  or  established  by  him  for  the  streets,  avenues,  and 
roads,  and  said  maps  or  plans  when  so  made,  shall  be  certified 
by  one  of  the  officers  of  the  department  of  public  works,  to  be 
designated  by  said  commissioner  for  such  purpose,  and  one  of 
said  maps  shall  be  filed  by  said  commissioner  of  public  works  in 
and  remain  of  record  in  his  office,  and  the  other  shall  remain  of 
record  in  the  department  of  public  parks.  The  maps  or  plans, 
when  made  and  filed  as  aforesaid,  shall  be  final  and  conclusive, 
as  well  in  respect  to  the  mayor,  aldermen  and  commonalty  of 
the  city  of  New  York,  as  in  respect  to  the  owners  and  occupiers 
of  lands,  tenements  and  hereditaments,  within  the  boundaries 
aforesaid,  and  in  respect  to  all  other  persons  whomsoever,  with 
the  same  intent  and  effect  as  if  the  same  had  been  laid  out  and 
established  by  the  commissioners  appointed  in  and  by  the  act 
entitled  "An  act  relative  to  improvements  touching  the  laying- 
out  of  streets  and  roads  in  the  city  of  New  York,  and  for  other 
purposes,"  passed  April  third,  eighteen  hundred  and  seven.  All 
damage  to  any  land  or  to  any  building  or  other  structure  there- 
on, existing  on  the  twenty-fourth  day  of  April,  eighteen  hun- 
dred and  sixty-seven,  or  any  street,  avenue  or  road  laid  out  on 
the  map  of  the  city  of  New  York,  within  the  district  speci- 


fied m  this  section  by  reason  of  altering  the 


grade 


of  such 


street,  shall  be  ascertained  and  paid  in  the  manner  specified  in 
sectiou  eight  hundred  and  seventy-three  of  this  act.  And 
whenever  said  commissioner  shall  deem  it  proper  so  to  do,  he 
may  file  maps,  plans  or  surveys  in  the  manner  before  provided, 
showing  the  grades  for  the  streets,  avenues  and  roads'  within 
any  particular  section  of  the  district  mentioned. 

§  1964.  Whenever  the  grade  of  any  street,  road  or  avenue,  or 
part  of  any  street  or  avenue,  shall  after  April  fourth,  eighteen 
hundred  and  sixty-six,  have  been  or  shall  be  fixed,  established 
or  changed  by  the  commissioners  of  the  Central  park,  or  the  de- 
partment of  public  parks,  or  the  commissiorer  of  public  works 


KKKKIES  AM)  RKIIXiKS. 


657 


wln.'ii  acting  as  the  successor  of  said  commissioners  in  executing 

powers  originally  conferred  upon  them,  such  grade  shall  not 

he  thereafter  changed,  unless  the  owners  of  two-thirds  of  the 

land  in  lineal  feet  fronting  upon  the  street,  avenue  or  road,  or 

part  of  such  street,  avenue  or  road,  where  such  change  is  pro 

posed  to  he  made,  shall  first  consent  in  writing  to  such  change 

of  grade,  and  file  their  consent  in  the  office  of  the  department  of 

public  parks  or  the  commissioner  of  public  works  as  the  case 

may  he.     And  upon  such  consent  heing  so  filed,  such  grade 

may  he  changed  by  said  department  or  commissioner,  if  it  or  he 

shall  deem  it  expedient  to, make  such  change,  and  if  any  such 

change  of  grade  shall  he  so  made  hy  said  department  or  com.  comphion!' *5' 

missioner  it  or  lie  shall  cause  map£,  plans  or  surveys  showing 

such  changes  of  grade  as  may  he  so  made,  to  he  filed  in  the 

said  department  or  the  office  of  said  commissioner  as  the  case 

may  he. 

$  1005.  Nothing  of  this  title  contained  shall  he  deemed  to  af- 
fect the  powers  conferred  upon  the  department  of  public  parks, 
with  reference  to  grades  hy  sections  six  hundred  and  seventy  to 
six  hundred  and  seventy-four,  inclusive, of  this  act,  nor  those  con- 
ferred upon  the  commissioner  of  public  works  by  sections  three 
hundred  and  thirty  six  and  three  hundred  and  thirty-nine  to 
three  hundred  and  forty-two,  inclusive. 

Title  3— rFerries  and  Bridges. 

§  1UGG.  No  person,  other  than  the  mayor,  aldermen,  and  com-  e0',3n  chi!»o' 5i3' 
monalty  or  bv  their  authority,  shall  erect  or  keep  a  ferrv  be-  xo  person  but 

.."       .     ..        ^_     ,  1  T  ti-ip7i  «         corporation  of 

tween  the  citv  of  New  lorkand  Long  Island,  for  the  carrying  NewYo*to 

-  ,  iii  i  keep  a  ferrv  be- 

or  bringing  of  any  passengers,  horses,  cattle,  hogs,  sheep,  goods,  ^f"-^/''5' 
merchandise,  or  other  things  whatsoever,  over  the  said  ferrv  Islan;1;  >»>!>•'•» 

'  .         °  '  -    penult  v. 

with  or  without  any  hire  or  reward,  under  the  penalty  of  one 
hundred  and  twenty-rive  dollars  for  every  such  offense. 

§  1907.  The  Union  Ferry  Company  is  required  to  run  a  boat  ^1,c1^' 
from  the  foot  of  Catharine  street  in  the  city  of  New  York,  to  Number  of  trips 
the  foot  of  Main  street,  in  the  city  of  Brooklyn,  once  in  every  10  em  e' 
fifteen  minutes  up  to  twelve  o'clock  p.  m.,  and  once  in  every 
half  hour  from  that  time  uutil  five  o'clock  a.  m. 

§  196S.  The  company,  corporation,  and  persons  owning  or  j£Vh-  2281 
managing  the  ferry  run  and  operated  between  Bridge  street,  in  comp.  isw. 
the  city  of  Brooklyn,  .and  a  point  situated  between  James  street  boats  to  be 
and  New  Chambers  street,  in  the  city  of  New  York,  are  required  nm 
to  run  and  operate  said  ferry  that  the  boats  on  said  ferry  shall 
make  a  trip  and  passage  each  way  between  the  points  aforesaid 
a*  often  as  once  in  every  fifteen  minutes,  between  the  hours  of 
five  o'clock  in  the  forenoon  and  ten  o'clock  in  the  evening  of 


658 


I  KKKIKS  AN  I)  BRIDGES. 


m-i,  eh'.  180,  si. 

Comp.  ISB1. 

Ferry-bouts  to 
bo  provided. 
Scol875,cb.C15. 


How  to  be  run. 


Id.  |2. 

Ferry-boat*  to 
be  provided 


How  to  be  run. 


1872,  ch.  188,  S8, 
Comp.  1SGB. 
Penalty  for 
failure. 


Rates  of  fare. 


Penalty. 


1875.  cb.  615, 
HI,  2, 
Comp.  1236. 

Ferriage  for 
foot  passen- 
geis,  vehicles, 
etc. 


ovory  day.  Any  deviation  from  tho  requirements  aforesaid, 
caused  by  ice,  wind,  tide,  or  unavoidable  accidents,  shall  not  bo 
;i  violation  of  such  requirements  and  directions. 

c  1  ;*«;;».  'J'lic  les-ee  or  bis  assigns  of  the  ferry  ac  ross  the  East 
river  from  the  foot  of  Truth  street,  in  the  city  of  New  York,  to 
(iieonpoint,  in  the  city  of  Brooklyn,  must  provide  and  navigate 
upon  said  ferry  two  good  and  substantial  steam  ferry  boats, 
which  shall  be  run  in  such  manner  that  one  of  said  boats  shall 
leave  each  slip  as  often  as  once  every  fifteen  minutes  betweon 
the  hours  of  five  o'clock  in  the  morning  and  nine  o'clock  in  tho 
evening,  and  every  hour  from  nine  o'clock  in  the  evening  until 
one  o'clock  in  the  morning. 

§  1970,  The  lessee  or  his  assigns  of  the  furry  across  the  East 
river,  from  the  foot  of  Twenty-third  street,  in  the  city  of  New 
York,  to  (ireenpoint,  in  the  city  of  Brooklyn,  must  provide  and 
navigate  upon  such  terry  two  good  and  substantial  steam  ferry 
boats,  which  shall  be  run  in  such  manner  that  one  of  such  boats 
shall  leave  each  slip  as  often  as  once  every  fifteen  minutes  be- 
tween tho  horn  s  of  five  o'clock  in  the  morning  and  nineo'cclock 
in  tho  evening,  and  every  half  hour  from  nine  o'clock  in  the 
e veiling  until  one  o'clock  in  the  morning. 

§  1971.  If  the  lessee  or  his  assigns  of  either  of  said  fenies 
mentioned  in  the  two  preceding  sections,  shall  fail  to  comply 
with  the  said  provisions,  it  shall  not  bo  lawful  for  such  lessee  or 
his  assigns  to  charge  or  receive  more  than  the  following  rates  of 
ferriage,  to  wit:  For  each  foot  passenger,  two  cents;  each  ono- 
horse  carriage,  with  horse  and  driver,  fifteen  cents;  each  two- 
horse  carriage,  with  horses  and  driver,  twenty  cents.  And  if  in 
such  case  the  said  lessee  or  his  assigns,  or  any  person  in  the  em- 
ploy of  said  lessee  or  his  assigns  shall  demand  or  receive  any 
higher  rates  of  ferriage  than  those  established  by  this  section, 
the  said  lessee  or  his  assigns  shall  forfeit  to  the  party  aggrieved, 
the  sum  of  twenty-five  dollars  for  each  and  every  offense,  to  be 
recovered  before  any  justice  of  the  peace,  or  in  any  court  of  the 
State  having  cognizance  thereof.  Any  deviation  from  the  re- 
quirements of  said  sections  caused  by  ice,  wind,  tide,  or  una- 
voidable accidents  shall  not  be  held  to  be  a  violation  of  such  re- 
quirements and  directions. 

§  1972.  It  shall  not  be  lawful  for  any  person  or  corporation 
operating  any  ferry  along  that  portion  of  the  city  of  New  York 
between  Houston  and  Thirty-fourth  streets  and  the  seventeenth 
ward  of  the  city  of  Brooklyn  to  charge,  collect  or  receive 
ferriage  at  a  higher  rate  than  three  cents  for  each  foot-pas- 
senger, during  any  portion  of  the  day  or  night.  The  rates  for 
wheel  vehicles  of  all  kinds,  and  for  neat  cattle,  sheep  and  hogs, 
on  all  such  ferries,  shall  not  exceed  those  at  present  charged. 


liKouKI.YN  KKRHIKS. 


collected  and  received.  Such  persons  or  corporations  operating  S^^y?1 
any  such  ferry  shall  provide  and  navigate  on  each  separate  ferry 
between  said  places  good  and  substantial  steam  ferryboats, 
which  shall  he  run  in  such  manner  that  one  of  said  hoats  shall 
leave  the  slips  as  often  as  once  in  every  fifteen  minutes  between 
the  hours  of  six  o'clock  in  the  morning  and  nine  o'clock  in  the 
evening,  and  between  the  hours  of  nine  in  the  evening  and  mid- 
night, once  in  every  thirty  minutes  ;  and  the  hoats  running  be- 
tween  Twenty-third  street,  New  York,  and  the  said  seventeenth 
ward  of  Brooklyn,  shall  continue  to  inn  after  midnight,  and 
until  six  o'clock  in  the  morning,  once  in  every  thirty  minutes. 

^  1973.  If  any  such  persons  or  corporations  operating  any  PeJjJ»_ 
such  ferry,  shall  demand  and  receive  any  higher  rate  of  ferriage 
for  foot-passengers  than  prescribed  in  the  preceding  section,  or 
for  wheel  vehicles,  neat  cattle,  sheep  and  hogs,  any  higher  rate 
than  was  on  June  twenty-first,  eighteen  hundred  and  sewnty- 
five,  established,  or  shall  omit  to  run  hoats  within  the  hours  and 
time  therein  specified,  when  the  same  can  lie  done  with  safety, 
any  such  person  or  corporation  shall  forfeit  and  pay  to  any  per- . 
son  aggrieved  the  sum  of  fifty  dollars  for  each  and  every  of-  "eSaUy"70' 
fense,  to  he  recovered  before  any  justice  of  the  peace  in  any 
court  having  cognizance  thereof  ;  and  framed  copies  of  this  and 
the  preceding  section,  and  of  the  ferry  rates  for  other  than  foot- 
passengers,  shall  be  printed  in  clear  and  legihle  type,  and  sus- 
pended within  view  of  the  several  offices  and  waiting-rooms  of 
the  ferries  above  described. 

§  1974.  It  shall  not  be  lawful  for  any  person  or  corporation,  comp.  law.' 
operating  any  ferries  between  the  city  of  New  York  and  that  riag«bet!^t] 
portion  of  Brooklyn  lying  along  the  East  river  between  the  jJ^oMhS* 
Navy  Yard  and  Bushwick  creek  (except  the  Roosevelt  street  Sa^^d^nd 
terry)  to  charge,  collect,  or  receive  ferriage  at  higher  rates  than  Sedc^ 
as  prescrihed  by  this  section  ;  which  are  hereby  established  as 
the  legal  rates  of  ferriage  upon  the  aforesaid  ferries,  that  is  to 
say  :  For  each  one-horse  buggy,  wagon,  gig  or  sulky,  twenty 
cents  ;  for  each  one-horse  business  wagon,  cart  or  truck  with 
driver,  empty  or  with  ordinary  load  not  exceeding  ten  feet  in 
length,  fifteen  cents ;  for  each  two-horse  pleasure  carriage, 
twenty-five  cents  ;  for  each  two-horse  truck  with  driver,  loaded 
with  ordinary  load  of  sugar,  distillery  products,  rope,  flour,  or 
empty,  thirty-five  cents  ;  and  for  the  same  with  extra  load,  fifty 
cents  ;  for  each  two-horse  business  wagon  and  driver,  empty  or 
loaded,  not  exceeding  seventeen  feet  in  length,  thirty  cents : 
for  each  two-horse  market  wagon  and  driver,  loaded,  thirty- 
five  cents,  for  the  same  empty,  thirty  cents  ;  for  each  one-horse 
market  wagon  and  driver,  loaded,  twenty-five  cents,  and  empty. 


See  1*75,  ch.615 


I'.ItnOKI.YN  it.rimf.h. 


\m.  ch.  us,  {2, 

Comp.  1396. 
Kates  now 
charged  by 
New  Yoi  k  and 
Brooklyn  Pen  y 
Comuniiy 
le-n'i/.-d 


Id.  $3. 

Not  to  apply  to 
Roosevelt 
streot  ferry 


Id.  $4. 

How  N.  Y.  ami 
B.  Ferry  Co.  re- 
ouireB  to  run 
boats  on  all  fer- 
ries operated 
by  them 


1875,  ch.  300.  $1, 
Comp.  1236. 
Id.  |3. 

Bridge  declared 
a  public  high- 


le'/i,  ch.  300,  |5. 
Comp.  1438. 


twenty  cents.  And  the  rates  of  fare  for  each  foot  passenger 
shall  not  exceed  two  cents  on  nny  of  the  aforesaid  ferries. 

§  1975.  The  rates  of  fare  or  ferriage  charged  on  the  twenty - 
fiffch  day  of  May,  eighteen  hundred  and  seventy-two,  by  the 
New  York  and  Brooklyn  Ferry  Company  for  the  transportation 
of  persons,  vehicles  or  property  between  the  cities  of  New  York 
and  Brooklyn,  upon  and  over  tho  several  ferry  routes  then  ran 
and  operated  by  said  ferry  company,  arc  established  as  the  legal 
rates  for  ferriage  or  transportation  over  said  ferry  routes,  ex- 
cept as  reduced  by  the  preceding  section  ;  and  it  shall  not  be 
lawful  for  any  corporation  <»r  person  who  may  ran  or  operate 
said  ferries,  to  charge,  collect  or  receive  any  greater  rates  of 
fare  or  ferriage  for  tho  carriage  of  persons,  vehicles  or  property 
upon  or  over  the  said  ferries,  than  such  as  are  allowed  and  es- 
tablished  by  the  provisions  of  tin's  and  the  last  preceding  sec- 
tions. 

§  1 ; ♦  7 ♦  *. .  Said  rates  of  faie  or  ferriage  shall  not  apply  to  or 
affect  the  ferry  i  mining  from,  at  or  near  Broadway,  Brooklyn, 
E.  D.,  to  or  near  Roosevelt  street,  New  York,  commonly  known 
as  the  Roosevelt  street  ferry,  but  the  rates  of  fare  or  ferriage 
charged  on  said  date  for  the  transportation  of  persons  or  prop- 
erty over  said  ferry  shall  be  and  continue  the  legal  rates  of 
ferriage  thereon,  provided  always  that  ten  foot-passenger  tick- 
ets sliall  at  all  times  be  sold  at  the  ferry  boxes  at  the  entrances 
to  said  ferry  for  twenty-five  cents. 

•s  l'.'TT.  The  New  York  and  Brooklyn  Ferry  Company  are 
required  to  run  their  boats  on  all  ferries  operated  by  them  all 
night,  and  after  the  hour  of  twelve  o'clock  at  night,  and  before 
rive  o'clock  in  the  morning,  as  often  as  once  in  thirty  minutes, 
and  as  often  as  once  every  eight  minutes  from  each  terminus 
from  half-past  five  o'clock  to  nine  o'clock  every  morning,  and 
from  half-past  four  until  seven  o'clock  every  evening,  and  once 
every  ten  n  urates  during  the  remainder  of  the  day,  except  upon 
the  Sabbath,  when  said  company  shall  run  their  boats  on  all 
ferries  as  often  as  once  every  twelve  minutes,  between  the  hours 
of  seven  o'clock  in  the  morning  and  the  same  hour  in  the  even- 
ing. 

§  197S.  The  bridge  in  the  course  of  construction  over  the 
East  river,  between  the  cities  of  New  York  and  Brooklyn  shall, 
when  completed,  be  a  public  highway  for  the  purpose  of  rend- 
ering the  travel  between  the  cities  of  New  York  and  Brooklyn 
certain  and  safe  at  all  times,  subject,  nevertheless,  to  such  tolls 
and  prudential  and  police  regulations  as  the  trustees  thereof 
shall  from  to  time  establish  and  prescribe. 

§  1979.  Said  trustees  may  make  and  establish,  from  time  to 
time,  ordinances  and  laws  under  reasonable  penalties,  to  be  re- 


THE  BROOKLYN  BRIDfiK. 


861 


covered  on  their  behalf  and  in  their  name  hy  the  title  of  "  The 
Trustees  of  the  New  York  and  Brooklyn  Bridge"  in  any  court, 
in  the  city  and  county  of  New.  York  or  county  of  Kings,  having 
jurisdiction  of  justices  of  the  peace,  regulating  the  use  of  the 
said  bridge  and  the  travel  over  the  same  by  persons,  vehicles  and 
animals,  and  for  the  protection  thereof  and  all  appurtenants 
thereto  ;  and  may  keep  and  maintain  the  said  bridge  in  good 
and  proper  condition  ;  and  in  case  of  injury  or  damage  thereto,  t^pUn 
may  repair  and  restore  the  same. 

>5  The  said  trustees  shall  have  power  to  fix  the  rates  of  M-l7- 

toll  for  persons,  vehicles,  and  animals  of  every  kind  and  descrip- 
tion, passing  over  the  said  bridge  ;  and  may  operate  and  authorize 

to  be  operated,  a  railroad  or  railroads  over  said  bridge,  and  fix  K*uroa.i-.ov.-r 

r  1  i  bridge, 

the  fare  to  be  paid  by  any  passenger  on  any  railroad  operated  by 

them. 

§  1981.  Concurrent  jurisdiction  shall  be  possessed  by  the  j'j^ 
courts  of  the  citv  and  county  of  New  York  and  of  the  city  of  rem  jurtHdi..- 

•J  J         tlon  of. 

Brooklyn  and  the  county  of  Kings  respectively,  and  by  the  judi- 
cial and  administrative  officers  of  the  said  cities  and  counties 
respectively,  over  all  crimes  and  offences  committed  upon  said 
bridge.  It  shall  be  the  duty  of  the  said  trustees  to  appoint,  and 
thev  are  herehv  authorized  to  appoint  an  adequate  police  force,  and  Poiiee  foree.ap- 

polntment  of 

to  regulate  and  direct  the  same  for  the  protection  of  the  said  bridge, 
and  of  the  travel  over  the  same,  and  of  all  persons,  vehicles,  railroad 
cars  and  animals  using  or  passing  over  the  same  ;  and  the  police- 
men so  appointed  shall  have  and  possess  all  the  powers  of  police- 
men of  the  cities  of  New  York  and  Brooklyn.  The  compensa-  compelwtt>n 
tion  of  the  said  policemen  shall  be  fixed  by  the  said  trustees,  and  of' 
shall  be  a  charge  against  said  bridge  and  paid  by  said  trustees. 

^  Anv  person  vwlfullv  doing  anv  injury  to  the  said  !jtj£\ 

10  J    r  jo.         J./  lUful  injurr 

bridge  or  anv  of  its  appurtenances  shall  forfeit  and  pay  to  the  to  bridge,  a" 

°  »  1  '  *    *  misdemeanor. 

said  trustees  three  times  the  amount  of  such  injury,  and  shall 
be  deemed  guilty  of  a  misdemeanor,  and  be  subject  to  a  penalty  Penalty, 
not  exceeding  five  hundred  dollars,  and  to  imprisonment  not  ex- 
ceeding six  months,  in  the  discretion  of  the  courts. 

Title  +. — Auctions  and  Auctioneers. 

§  1963.  All  sales  at  public  auction  in  the  city  of  New  York,  ^tof^- 
not  under  the  authority  of  the  United  States,  shall  be  made  by  comP.  sri. 

li-iii  •  i  i        •      *  Sales,  by  whom 

an  auctioneer  who  shall  have  given  the  security  hereinafter  re-  ma°e 
quired,  or  by  a  copartner  or  clerk  of  an  auctioneer  duly  author- 
ized under  the  provisions  of  this  title.    Goods  damaged  at  sea  Goods damage.1 
and  sold  for  the  benefit  of  the  owners  or  insurers,  shall  be  sold 
under  the  direction  of  the  wardens  of  the  port. 


669 


AUCTIONS  AND  AUCTIONEERS. 


oSmMJ*5,18'  §  1984'  11  slia11  bo  the  duty  of  tho  ,)0ara*  of  port-wardens,  or 
cJmp.Vo.5' w'  somo  one  of  tlie  members  thereof,  to  attend,  personally,  all  sales 
warden  to       of  vessels,  when  condemned,  vessels'  1 1 u 1 1 < 'i  i a  1  s ,  and  troods  in  a 

Attend  Hales.  '  »  O 

damaged  state,  which  shall  he  sold  at  public  auction  in  the  port 
of  New  York,  by  reason  of  such  damage,  for  the  benefit  of 
owners  or  underwriters,  or  for  account  of  whom  it  may  concern  ; 
and  it  shall  be  the  duty  of  auctioneers  making  such  sales  to  give 
due  notice  thereof  to  said  board  before  the  sale,  and  all  such  sales 
shall  be  made  by  auctioneers  under  the  direction  and  by  order  of 
the  wardens,  for  which  service  they  shall  be  entitled  to  receive 
a  rommission  of  one-half  of  one  per  cent,  on  the  gross  amount 
of  sales  thereof,  to  be  paid  to  such  board  of  wardens  on  demand, 
by  the  auctioneer  making  such  sale,  and  such  property  shall  be 
exempt  from  the  payment  of  auction  duties  to  the  State  ;  and  it 
shall  be  the  duty  of  auctioneers  to  make  monthly  statement  i 
under  oath  to  said  board,  specifying  the  total  amount  of  each 
day's  sale  made  by  them  under  this  act,  which  statement  shall 
be  filed  in  said  warden's  office,  and  the  wardens,  when  required 
by  the  owner  or  consignee  thereof,  shall  certify  the  cause  of  such 
damage,  the  amount  of  such  sale,  and  the  charges  on  the  same, 
all  of  which  shall  be  recorded  in  the  l>ooks  of  said  office.  The 
books  of  such  auctioneers  shall  be  open  at  all  times  to  the  in- 
spection of  the  board  of  port- wardens. 
tSm^87*f8,Wl  §  1985-  AH  auctioneers  doing  business  in.  the  city  shall  here- 
after be  required,  between  the  first  and  tenth  of  June,  in  each 
and  every  year,  to  obtain  from  the  mayor  of  said  city  a  license 
to  engage  in  and  aarry  on  such  business  and  occupation,  upon 
filing  a  bond  with  two  good  securities  in  the  penal  sum  of  two 
thousand  dollars. 

»S56'6C7' 82,  §  198fi-  Every  auctioneer  shall,  within  ten  days  after  the  bond 

Duu-^of  m  c  squired  by  law  shall  have  been  executed,  and  the  certificate  re- 
Uoneera in  New  quired  by  law  indorsed  thereon,  file  a  copy  thereof,  and  also  a 
copy  of  slid  certificate,  certified  by  the  officer  taking  the  bond, 
with  the  clerk  of  the  city  and  county  of  New  York.  The  clei*k 
shall  keep  a  book  or  books,  with  an  index  alphabetically  arranged, 
in  which  he  shall  cause  to  be  recorded  every  bond  so  filed,  for 
which  he  shall  be  entitled  to  a  fee  of  fifty  cents  for  every  bond  so 
filed,  to  be  paid  by  the  party  executing  such  bond.  Every  auc- 
tioneer neglecting  to  file  such  certified  copy  within  the[time  herein 
Penalty  for  specified,  shall  forfeit  for  every  such  neglect  the  sum  of  one  hun- 
dred dollars,  such  penalty  to  be  sued  for  and  recovered  by  the  dis- 
trict attorney,  and  when  recovered  to  be  paid  into  the  treasury 
of  the  State. 

oSb  li'ja," 17i  §  1987.  Every  auctioneer  shall,  under  his  own  proper  name, 
l^rt^es!  give  previous  notice  in  one  or  more  of  the  public  newspapers 
eomp.  en.      printed  in  the  said  city,  of  every  auction  sale  that  shall  be  law- 


yer] 


AUCTION  SALES. 


fully  made  by  him;  and  in  case  ho  shall  be  connected  with  any 

person  or  linn,  bis  name  shall  in  all  cases  precede  separately  and  Notice,  how  to 

individually  the  name  of  such  pei-son  or  the  title  of  the  firm  under 

which  he  transacts  business. 

§  1988.  Every  auctioneer,  copartner,  or  clerk  of  an  auctioneer,  IJ  i- 
and  e*ery  other  person  whomsoever  in  the  city  of  New  York, 
who  shall  advertise  a  sale  by  auction  in  any  other  manner  than 
the  one  prescribed  in  the  foregoing  section,  or  shall  be  concerned 
jn  any  sale  by  auction  not  advertised  in  the  aforesaid  manner, 
shall,  ou  conviction  thereof,  forfeit  the  sum  of  five  hundred  dol- 
lars for  each  offense,  and  be  also  subject  to  imprisonment  at  the 
discretion  of  the  court  in  which  he  shall  be  tried;  but  such  im- 
prisonment shall  not  exceed  six  months. 

§  1989.  Every  auctioneer,  within  ten  days  after  he  shall  have  w.  l«.  ,  M 
exhibited  his  account,  shall  pay  for  the  use  of  tins  State  the  1*13.  en.  m. 
duties  accrued  on  the  sales  mentioned  in  the  account,  and  im-  b"{'aui.w  cnl" 
mediately  after  such  payment  shall  deliver  or  transmit  such  ac- 
count, with  the  affidavits  indorsed  thereon  and  annexed  thereto, 
to  the  comptroller,  to  be  filed  in  his  office. 

§  1990.  Every  such  payment  made  by  an  auctioneer  shall  be  w  533 

0  ,  ,    ,,  ,      _  Conip.  872. 

made  to  such  bank  in  the  city  of  New  York  as  shall  be  designated  Payment*, 
by  the  comptroller  as  entitled  to  the  State  deposits  according  to  mwi*. 
law,  and  the  receipt  of  the  proper  officer  of  the  bank  shall  be 
taken  therofor. 

§  1991.  All  sales  of  goods  by  public  auction  in  the  city  of  New  w 
York  by  an  auctioneer  shall  be  made  in  the  day-time,  between  \*ork.mNew 
sun-rise  and  sun-set,  excepting — 

1.  Books  or  prints. 

2.  Goods  sold  in  the  original  package,  as  imported,  according 
to  a  printed  catalogue,  of  which  samples  shall  have  been  opened 
and  exposed  to  public  inspection,  at  least  one  day  previous  to 
the  sale. 

Every  auctioneer  who  shall  violate  the  provisions  of  this  sec-  Pewny. 
tion  shall  be  deemed  guilty  of  a  misdemeanor. 

§  1992.  Any  auctioneer  who  shall  hereafter  make  or  cause  to  o^z^m.*'*1' 
be  made  any  false  or  fraudulent  representations  or  statements  in  Fatoewtawd- 
respect  to  the  character  of  such  sale  or  the  party  authorizing  the  mentsdeemeda 

r  ,  misdemeanor. 

same,  or  the  quality,  condition,  ownership,  situation,  or  value  of  seei8M.ch.i38. 

any  property,  real  or  personal,  exposed,  put  up,  or  offered  by 

him  for  sale  at  public  auction,  or  who  shall  put  up  or  offer  for 

sale  any  property,  real  or  personal,  in  respect  to  which  any  false 

or  fraudulent  statement  or  representation  shall  have  been  njgde 

by  him,  or  to  his  knowledge,  as  to  the  character  of  such  sale  or 

the  party  authorizing  the  same,  or  as  to  the  quality,  condition. 

ownership,  situation,  or  value  of  such  property,  shall  be  deemed 

guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  be 


664 


l-'KKS  OF  AUCTIONKKKS. 


Id.  |8. 

Recovery  .if 
penalty  from 
auctioneer,  by 
action  nt  Inw 


lRj«,  ch.  J38.  $1, 
Com  p.  K4. 


1870.  cb.  819,  |1, 
fomp.  876. 
Auctioneers' 
few  on  judicial 
sales. 


Id.  |S, 
Comp.  876. 
Fees  or  com- 
pensation not 
*o  bo  divided. 


Id.  |3. 
Penalty. 


punished  by  imprisonment  obi  exceeding  one  year  or  by  a  fine 
not  exceeding  one  thousand  dollar?. 

§  1003.  Any  person  who  shall  purchase  any  property  at  pub 
lie  auction  in  respect  to  which  any  false  or  fraudulent  representa- 
tion or  .statement  as  to  the  character  of  such  sale  or  the  party 
authorizing  the  same,  <>r  as  to  the  quality,  condition,  ownership, 
situation,  or  value  of  such  property,  shall  have  been  made  to  his 
knowledge,  may  sue  and  recover  from  the  auctioneer  conducting 
such  sale,  or  in  whose  name  it  shall  have  been  conducted,  a 
penalty  of  five  hundred  dollars  in  addition  to  any  damages  sus- 
tained by  him  by  reason  of  such  false  or  fraudulent  statements 
or  representations. 

§1004.  The  mayor,  on  the  complaint  of  any  person  having 
been  defrauded  by  any  auctioneer,  or  the  clerk,  agent  or  assignee 
of  such  auctioneer  doing  business  in  the  city  and  county  of  New 
York,  is  hereby  authorized  and  directed  to  take  testimony  under 
oath  relating  thereto:  and  if  the  same  charge  shall,  in  his  opinion, 
be  sustained,  then  he  shall  revoke  the  license  granted,  and  com- 
mit the  parties  for  trial  according  to  law.  and  direct  the  bonds  to 
be  forfeited. 

§  1905.  No  auctioneer  shall  hereafter  demand  or  receive  for 
his  services,  in  selling  at  public  auction,  any  real  estate  directed 
to  be  sold  by  any  judgment  or  decree  of  any  court  of  this  State, 
a  greater  compensation  or  fee  than  fifteen  dollars  for  each  parcel 
separately  sold  ;  but  where  such  sale  is  made  at  any  public  sales- 
room, said  auctioneer  may  demand  and  receive  such  further 
amount  not  exceeding  two  dollars  for  each  parcel  separately  sold 
as  he  may  have  actually  paid  for  the  privilege  or  right  of  making 
said  sale  in  such  salesroom  as  aforesaid,  but  where  one  or  more 
lots  are  so  sold  at  public  auction  with  the  privilege  to  the  pur- 
chaser of  taking  one  or  more  additional  lots  at  the  same  rate  or 
price,  nothing  herein  contained  shall  be  construed  to  prevent  the 
auctioneer  making  such  sale  from  demanding  and  receiving  for 
his  services  the  compensation  or  fee  above  allowed,  for  each  ad- 
ditional lot  taken  by  said  purchaser  under  such  option  or 
privilege. 

§  1906.  No  fees  or  compensation  which  any  auctioneer  re- 
ceives, or  is  entitled  to  receive,  on  any  sale  under  the  provisions 
of  the  preceding  section  shall  be  divided  with,  or  any  portion 
thereof,  either  directly  or  indirectly,  allowed  or  paid  to,  the  re- 
ceiver, referee,  sheriff,  or  other  officer  under  whose  direction 
such  sale  is  made,  or  to  any  of  the  attorneys  in  the  action  or  pro- 
ceedings. 

§  1007.  Any  person  who  shall  violate  any  of  the  provisions  of 
the  two  preceeding  sections  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall,  upon  conviction,  ba  punished  by  a  fine  of  not 


AMUSEM  KNTS. 


r.f,;, 


less  than  two  hundred  and  fifty  dollars,  and  nut  exceeding  five 
hundred  dollars  for  each  offense,  and  also  by  the  revocation  of 
his  license  as  auctioneer. 

Title  5.  — Am usemen ts. 

§  1998.  It  shall  not  be  lawful  to  exhibit  to  the  public  in  any  tan, ch.  ass, |i, 
building,  garden  or  grounds,  concert  room  or  other  place  or  room  \-^Z-  rxhiw- 
within  the  city,  any  interlude,  tragedy,  comedy,  opera,  ballet,  ltJX£ussah' 
play,  farce,  minstrelsy,  or  dancing,  or  any  other  entertainment  mv^rJa-, 
of  the  stage,  or  any  part  or  parts  therein,  or  any  equestrian,  un' 
circus,  or  dramatic  performance,  or  any  performance  of  jugglers, 
or  rope  dancing,  or  acrobats,  until  a  license  for  the  place  of  such 
exhibition  for  such  purpose  shall  have  been  first  had  and  ob- 
tained, as  hereinafter  provided. 

§  1990.  The  mayor  of  the  city  of  New  York  is  hereby  .author-  h. 
ized  and  empowered  to  grant  such  license,  to  continue  in  force  j^JSe?  ^rant 
until  the  first  day  of  May  next  ensuing  the  grant  thereof,  on 
receiving  for  each  license  so  granted,  and  before  the  issuing 
thereof,  the  sum  of  five  hundred  dollars;  and  every  manager  or  p&ai&tor 
proprietor  of  any  such  exhibition  or  performance  who  shall  Sttiront 
neglect  to  take  out  such  license;  or  consent,  or  cause,  or  allow  ,K'"1N', 
any  such  exhibition  or  performance,  or  any  single  one  of  them 
without  such  license,  and  every  person  aiding  in  such  exhibition, 
and  every  owner  or  lessee  of  any  building,  part  of  a  building, 
garden,  grounds,  concert  room,  or  other  room  or  place,  who  shall 
lease  or  let  the  same  for  the  purpose  of  any  such  exhibition  or 
performance,  or  assent  that  the  same  be  used  for  any  such  pur- 
pose, except  as  permitted  by  such  license,  and  without  such 
license  having  been  previously  obtained  and  then  in  force,  if  the 
same  shall  be  used  for  such  purpose,  shall  be  subjected  to  a  penalty,  how 
penalty  of  one  hundred  dollars  for  every  such  exhibition  or  per-  52pa«Sof!nd 
formance,  which  penalty  the  society  for  the  reformation  of 
juvenile  delinquents  in  said  city  is  hereby  authorized  to  prose- 
cute, sue  for,  and  recover  for  the  use  of  the  said  society  in  tin 
name  of  the  people  of  the  State  of  New  York. 

§  2000.  The  said  mayor  is  hereby  authorized  to  grant  licences  w.  ja. 
for  said  exhibitions  or  performances  for  any  term  less  than  one  ^"months 
year,  and  in  any  case  where  such  license  is  for  a  term  of  three  orless- 
months  or  less,  the  said  mayor  is  hereby  authorized  to  commute 
for  a  sum  less  than  said  five  hundred  dollars,  but  in  no  case  less 
than  two  hundred  and  fifty  dollars  for  a  theatre,  or  one  hundred 
and  fifty  dollars  for  a  circus,  concert  room,  or  other  building  or 
place  whatsoever. 

§  2001.  Upon  granting  every  such  license  authorized  by  this  U-H 
title,  the  said  mayor  shall  receive  from  the  person  to  whom  the,f<*£°s'  '°a° 


666 


LICENSES  FOB  IM.ACKH  OF  AM USKMENT. 


inrz,  vh.  fm,  |5. 

Conjp.  *10. 


!  h  <  DM, 

bow  rovokcd. 


Fffrrt  of 

revocation. 


Id.  J6. 

Violating  Pro- 
visions of  this 
title,  how 
punishable. 


a.  17. 

Duly  of  police. 


Id.  §*. 

In  case  of  vio- 
lation, who 
rnav  proceed 
by  injunction, 


name  shall  bo  granted  tlic  amount  payable  for  Bald  license,  as 
above  provided,  which  amounts  as  respectively  received  by  him 
shall  be  paid  over  to  the  treasurer  of  the  society  for  the  reforma- 
tion of  juvenile  delinquents  in  the  city  of  New  York,  for  the  use 

of  said  society. 

§  2002.  Any  license  provided  for  by  the  four  preceding  sec- 
tions may  be  revoked  and  annulled  by  any  judge  or  justice  of  any 
CQUrt  of  record  in  said  city,  upon  proof  of  a  violation  of  any  of 
the  provisions  of  this  title;  such  proof  shall  be  taken  before  such 
judge  or  justice  upon  notice  of  not  less  than  two  days,  to  show 
cause  why  such  license  should  not  be  revoked;  said  judge  or 
justice  shall  hear  the  proofs  and  allegations  in  the  case,  and  de- 
termine the  same  summarily;  and  no  appeal  shall  be  taken  from 
Mich  determination;  and  any  person  whose  license  shall  havo 
been  revoked  or  annulled  shall  not  thereafter  be  entitled  to  a 
license  under  the  provisions  of  said  sections;  on  any  examination 
before  an  officer,  pursuant  to  a  notice  to  show  cause  as  afore- 
said, the  accused  party  may  be  a  witness  in  his  own  behalf. 

§  2003.  Any  person  violating  any  of  the  provisions  of  sections 
nineteen  hundred  and  ninety-eight  and  nineteen  hundred  and 
ninety-nine  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  punished  by  imprisonment  in  the  penitentiary 
for  a  term  not  less  than  three  months  nor  more  than  one  year, 
or  by  a  line  not  less  than  oneThundred  dollars  nor  more  than  five 
hundred  dollars,  or  by  both  u  h  fine  and  imprisonment. 

2004.  It  shall  be  the  duty  of  every  chief  of  police,  sheriff, 
deputy  sheriff,  constable,  captain  of  police,  policeman,  and  every 
other  police  officer,  to  enter,  at  any  time,  said  places  of  amuse- 
ment and  to  arrest  and  convey  any  person  or  persons  violating 
any  provisions  of  sections  nineteen  hundred  and  ninety-eight 
and  nineteen  hundred  and  ninety-nine  forthwith,  before  any 
police  justice,  or  recorder  or  magistrate,  having  jurisdiction  in 
said  city,  there  to  be  dealt  with  according  to  law. 

§  2005.  In  case  any  person  shall  open,  or  advertise  to  open, 
any  theatre,  circus,  or  building,  garden  or  grounds,  concert 
room  or  other  place  for  any  such  exhibition  or  performance  in 
said  city,  referred  to  in  section  nineteen  hundred  and  ninety- 
eight. 'without  first  having  obtained  license  therefor,  as  provi- 
ded for  by  section  nineteen  hundred  and  ninety-nine,  it  shall 
and  may  be  lawful  for  the  said  society  for  the  reformation  of 
juvenile  delinquents  in  the  said  city  to  apply  to  the  supreme 
court,  or  any  justice  thereof,  for  an  injunction  to  restrain  the 
opening  thereof,  until  he  shall  have  complied  with  the  requisi- 
tions of  said  section  in  obtaining  such  license,  and  also  with 
such  order  as  to  costs  as  such  court  or  justice  may  deem  just 
and  proper  to  make;  which  injunction  may  he  allowed,  upon  a 


I'ltOIIlBITION  OF  SUNDAY  AMl  SKMKNTs,  ETC. 


CG7 


complaint  to  be  in  the  namo  of  said  soeictv,  in  the  same  manner  i-s'.ch  n.  r. 
as  injunctions  are  now  usually  allowed  by  the  practice  of  said 
court.    Any  injunction  allowed  under   Ibis  seel  ion  may  be 
served  by  posting  the  same  upon  the  outer  door  of  the  theatre, 

or  circus,  or  building  wherein  BUCh  exhibitions  may  be  pro- 
posed to  bo  held,  or  if  the  same  shall  be  in  a  garden  or  grounds, 
tben  by  posting  the  same  at,  or  on,  or  near  the  entrance  way  to  Notice  of  tn- 
any  such  place  or  exhibition;  and  in  case  of  any  proceeding  l.'.'i'J'^".!. ' 
against  the  manager  or  proprietor  of  any  such  theatre,  circus, 
or  building,  or  garden  or  grounds  as  aforesaid,  it  shall  not  be 
necessary  to  prove  the  personal  service  of  t lie  injunction,  but 
the  service  hereinbefore  provided  shall  be  deemed  and  held 
sufficient. 

§  200G.  The  provisions  and  requirements  of  sections  nineteen  ists, ch. m.  jo. 
hundred  and  ninety-eight  to  two    thousand  and   five,    in-  i-v;.  <hVic,  §i. 
elusive,    shall    not    be     held    to    apply    to    any  building, 
hall,  room  or  rooms,  in  which  only  private  theatricals,  tab- 
leaux, and  other  exhibitions  for  charitable  and  religious  pur- 
poses are  given,  nor  to  the  manager  or  managers  of  exhibitions  rharitaM- nr.  i 
given  by  amateurs  for  the  benefit  of  any  church,  mission,  parish  bitiong1"  1 
or  Sunday  school,  or  for  any  other  charitable  or  religious  pur-  excopteJ 
pose,  nor  shall  the  same  be  held  to  apply  to  the  masonic  temple 
in  New  Yoik,  or  the  trustees  of  the  masonic  hall  and  asylum 
fund,  so  long  as  the  revenues  of  said  temple  shall  continue  to  be 
applied  to  the  use  of  the  masonic  hall  and  asylum  fund,  or  other  i880.ch.590.s1 
charitable  purpose,  nor  to  the  Young  Men's  Hebrew  Association  h™?**^^. 
of  Harlem,  or  to  the  directors  or  officers  of  said  association  as  Huri«nof 
such,  with  respect  to  any  building,  not  more  than  one,  which 
shall  in  whole  or  in  part  be  owned  or  leased  by  said  association, 
while  so  owned  or  leased,  so  long  as  the  revenue  thereof  shall 
continue  to  be  applied  to  the  support  of  said  association,  and  to 
the  religious,  charitable,  social,  educational,  or  literary  purposes 
of  said  association. 

§  2007.  It  shall  not  be  lawful  to  exhibit,  on  the  first  day  of  iMo,cb.soi,sii, 
the  week,  commonly  called  Sunday,  to  the  public,  in  any  build-  No^^biMons 
ing,  garden,  grounds,  concert  room,  or  other  room  or  place,  sundayTenon 
within  the  city  and  county  of  New  York,  any  interlude,  tragedy,  BDaiy,  srej 
comedy,  opera,  ballet,  play,  farce,  negro  minstrelsy,  negro  or  am>.°n!  ITiut! 
other  dancing,  or  any  other  entertainment  of  the  stage,  or 
any   part  or  parts  therein,  or  any  equestrian,   circus,  or 
dramatic  performance,    or    any    performance    of  jugglers, 
acrobats,  or  rope  dancing.    Any  person  offending  against  the  rersons  exhib- 

.  .  .    \,  .  -     1  -  v        ■  -u   itinK  or  leasing 

provisions  ot   this  section,  and  every  person  aiding  m  such  to  others  to  *x . 

,  .  .  ,  bibit  it,  fruilty 

exhibition  bv  advertisement  or  otherwise,  and  every  owner,  or  of  0  miSu>. 

•»   •  •■  J  1  tueanor. 

lessee  of  any  building,  part  of  a  building,  ground,  garden,  or 
concert  room,  or  other  room  or  place,  who  shall  lease  or  let  out 


cos 


PROHIBITIOH  OF  SUNDAY  AMUSEMENTS,  ETC. 


1828,  ch.  2T0, 
111,  t,  as 
amended  1658, 
ch.  359,  C'omj). 
851. 

Masquerades, 
etc.,  prohibited. 


IVnaltv. 


1S59,  ch.  48, 
111,  2,  3. 
Comp.  850. 
Minors  under 
age  of  14  years 
not  to  be  ad- 
mitted unless 
with  ndult 
person. 

Penalty  for  vio- 
lating a  misde- 
meanor. 
Fines  to  be  paid 
to  society  juve- 
nile delin- 
quents. 


1862,  ch.  281',  §2, 
Comp.  846. 
Selling:  liquor 
prohibited. 


And  female 
waiters. 


the  same  for  the  purpose  of  any  such  exhibition  or  performance, 
or  assent  that  the  same  be  used  for  any  such  purpose,  if  tin- 
same  shall  he  used  for  such  purpose,  shall  ho  guilty  of  a  misde- 
meanor, and  in  addition  to  the  punishment  therefor  provided  by 
law,  shall  be  subjected  to  a  penalty  of  five  bundled  dollars, 
which  penalty  the  society  for  the  reformation  of  juvenile  delin 
quents  in  said  city  are  hereby  authorized,  in  the  name  of  the 
people  of  this  State,  to  prosecute,  sue  for,  and  recover  for  the 
use  of  said  society;  in  addition  to  which  every  such  exhibition 
or  performance  shall  of  itself  forfeit,  vacate,  and  annul  and  ren- 
der void  and  of  no  effect,  any  license  which  shall  have  been  pre- 
viously obtained  by  any  manager,  proprietor,  owner,  or  lessee, 
consenting  to,  causing,  or  allowing,  or  letting  any  part  of  a 
building  for  the  purpose  of  such  exhibition  and  performance. 

§  2008.  It  shall  not  be  lawful  for  any  proprietor,  manager, 
or  keeper  of  any  theatre,  circus,  public  garden,  public  house, 
public  hall  or  premises,  or  other  placft  of  public  meeting,  resort, 
or  amusement  whatsoever  within  the  city,  for  admission  to 
which  any  price  or  pay  is  demanded,  to  allow  or  permit  in  the 
same  any  masquerade  or  masquerade  ball,  or  any  assemblage 
of  persons  masked.  Any  person  offending  against  the  pro- 
visions of  this  section  shall  be  guilty  of  a  misdemeanor,  pun- 
ishable by  a  fine  of  not  less  than  two  thousand  five  hundred 
dollars,  nor  of  more  than  five  thousand  dollars,  or  by  imprison- 
ment in  any  prison  in  this  State  for  a  term  of  not  less  than  six 
nor  for  more  than  twenty-four  months,  or  both. 

§  2009.  It  shall  not  be  lawful  for  any  owner,  lessee,  manager, 
agent,  or  officer  of  any  theatre  in  the  city  of  New  York  to  admit 
to  any  theatrical  exhibition,  held  in  the  evening,  any  minor 
under  the  age  of  fourteen  years,  unless  such  minor  is  accompa- 
nied by  and  is  in  the  care  of  some  adult  person.  Any  person 
violating  the  provision  of  this  section  shall  be  guilty  of  a  misde- 
meanor, and  shall  be  liable  to  a  fine  of  not  less  than  twenty-five 
dollars  nor  more  than  one  hundred  dollars,  or  imprisonment  for 
a  term  not  less  than  ten  nor  more  than  ninety  days,  for  each 
offense.  All  moneys  recovered  under  the  provisions  of  this  sec- 
tion, for  fines,  shall  be  paid  over  to  the  treasurer  of  the  society 
for  the  reformation  of  juvenile  delinquents  in  the  city  of  New 
York,  for  the  benefit  of  such  society. 

§  2010.  It  shall  not  be  lawful  to  sell  or  furnish  any  wine,  beer, 
or  strong  or  spirituous  liquors  to  any  person  in  the  auditorium 
or  lobbies  of  any  place  of  exhibition  or  performance  mentioned 
in  section  nineteen  hundred  and  ninety-eight,  or  in  any  apart- 
ment connected  therewith  by  any  door,  window,  or  other  aper- 
ture; nor  shall  it  be  lawful  to  employ  or  furnish,  or  permit  or 
assent  to  the  employment  or  attendance  of  any  female  to  wait 


S.VI.K  OF  UQ1  OK  AT  PLACES  OF  AM (  JE KENT  PROHIBITED.  669 


on  or  attend  in  an\  manner,  or  furnish  relivshni'-ntc;  to  tin* 
audience  or  spectators,  or  any  of  them,  at  any  of  the  exhibits  >D8  or 
performances  mentioned  in  said  section,  or  at  any  other  place  of 
public  amusement  in  the  city  of  New  York. 

§  2011.    No  license  shall  he  granted  for  anv  exhibition  <»r  !1>;rf  . 
performance  given  in  violation  of  the  preceding  section,  and  any  ^v"^onse 
and  every  exhibition  or  performance  at  which  any  of  the  pro-  in  certain  r.L, 
visions  of  the  said  section  shall  be  violated,  shall  of  itself  vacate 
and  annul  and  render  void  and  of  no  effect  any  license  which 
shall  have  been  previously  obtained  by  any  manager,  proprietor, 
owner,  or  lessee  consenting  to,  causing  or  allowing  or  letting 
any  part  of  a  building  for  the  purpose  of  Buch  exhibition  and 
performance. 

$5  2012.  Anv  person  violating  anv  of  the  provisions  of  the 

°  -i  o«  i  \  10iat10n  of  act 

two  preceding  sections,  or  employing  or  assenting  to  the  employ-  o misdemeanor, 
ment  or  attendance  of  any  person  contrary  to  the  provisions  of 
said  sections,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction,  shall  be  punished  by  imprisonment  in  the 
penitentiary  for  a  term  not  less  than  three  months  nor  more 
than  one  year,  or  by  a  fine  not  less  than  one  hundred  dollars,  nor 
more  than  five  hundred  dollars,  or  by  both  such  fine  and  impris- 
onment. 

§2013.  It  shall  be  the  duty  of  the  superintendent  of  police,  u& 
every  sheriff  .deputy  sheriff  .constable,  captain  of  police,  policeman  of  r»ncoCandf 
and  every  other  police  officer,  to  enter  at  any  time  said  places  of 
amusement,  and  to  arrest  and  convey  any  person  or  persons  vio- 
lating any  provision  of  the  three  preceding  sections,  forthwith, 
before  any  police  justice  or  recorder  or  magistrate  having  juris 
diction  in  said  city,  there  to  be  dealt  with  according  to  law. 

§  20bi.  The  owner,  lessee,  manager,  or  other  person  or  per-  jjwo.ch.iw.m, 
sons,  having  charge  or  control  of  any  theatre  shall  cause  each  Doors  to  be 

i  -i  -■  <•        .i  .     i  -,   .  r-  r*  numbered  an  i 

and  every  door  and  means  of  exit  to  be  used  m  case  ot  fire  or  diagram 
panic  to  be  conspicuously  numbered  so  as  to  be  visible  to  the  proenwAp 
audience  by  whom  the  same  may  be  used,  and  shall  have  or 
cause  to  be  printed  in  conspicuous  type  a  plan  or  diagram,  and 
explanation,  showing  each  of  said  exits  thereon  and  referring  to 
#the  numbers  aforesaid,  and  the  same  shall  be  printed  in  con- 
spicuous type  as  aforesaid  on  the  programme  or  bill  of  the  play. 
Any  and  all  persons  who  shall  violate  any  of  the  provisions  of 
this  section,  or  fail  to  comply  therewith,  or  any  requirement  fauureto^ 
thereof,  shall  severally,  for  each  and  every  violation  and  non-  th/fart wUb 
compliance,  respectively  forfeit  and  pay  a  penalty  in  the  sum  of 
fifty  dollars;  to  be  sued  for  and  recovered  in  the  same  manner 
as  violations  of  the  building  laws  in  the  city  of  New  York  are 
now  sued  for  and  recovered  by  the  fire  department. 


I'll  ARMACISTS  AM)  I)KU( .GISTS. 


Title      Pharmacists  and  "Druggists. 


1878,  ch.  817,  $1, 
Comp,  KV.J. 
Duly  registered 
pharmacist 
only  to  retail, 

compound,  or 
dispense  medi- 
cinces. 


Id.  {3. 

Qualifications 
of  persons  In  lie 
registered. 


Id.  S3. 

Comp  KVi 
Graduates  of 
pliurmacy. 


Licentiates  in 
piunnacg 


Junior  assist- 
ants or 
apprentices. 


Id.  S4. 

Board  of  phar- 
macy. 


Term  of  office. 


£  2(115.  It  shall  be  unlawful  for  any  person,  unless  a  regis- 
tered pharmacist,  known  as  a  graduate  in  pharmacy,  or  as  a 
licentiate  in  pharmacy  within  the  meaning  of  this  title,  to  open 
or  conduct  any  pharmacy  or  store  for  retailing,  dispensing  or 
compounding  medicines  or  poisons  in  the  city  or  county  of  New 
York,  except  as  hereinaf  ter  provided. 

§  20 H'».  Any  person,  in  order  to  be  registered,  shall  be  either 
a  graduate  in  pharmacy  or  a  licentiate  in  pharmacy,  or  a  grad- 
uate having  a  diploma  from  some  legally  constituted  medical  col- 
lege or  society. 

§  2017.  Graduates  of  pharmacy,  within  the  meaning  of  this 
title,  shall  he  those  persons  who  have  had  at  least  four  years' 
experience  in  stores  where  prescriptions  of  medical  practitioners 
have  been  compounded,  and  who  have  obtained  a  diploma  from 
any  college  of  pharmacy  within  the  Ujiited  States,  or  from  some 
authorized  foreign  institution  or  examining  board;  and  licen- 
tiates in  pharmacy  shall  be  those  persons  who  have  had  at 
least  four  years'  experience  in  stores  where  prescriptions 
of  medical  practitioners  are  compounded,  and  who  shall  have 
passed  an  examination  either  before  the  board  for  the 
examination  of  and  licensing  druggists  and  prescription  clerks 
in  the  city  of  New  York,  established  by  an  act  passed  March 
twenty-eight,  one  thousand  eight  hundred  and  seventy-one,  or 
before  the  board  of  pharmacy  created  by  chapter  eight  hundred 
and  seventeen  of  the  laws  of  eighteen  hundred  and  seventy-two, 
and  continued  by  this  title,  or  such  foreign  pharmacists  as  shall 
present  satisfactory  credentials  or  certificates  of  their  com- 
petency and  qualifications  to  the  said  board  of  phairnacy. 
Junior  assistants  or  apprentices  in  pharmacy  shall  not  be  per- 
mitted to  prepare  physicians'  prescriptions  until  they  have  be- 
come graduates  or  licentiates  in  pharmacy. 

§  20 IS.  The  members  of  the  college  of  pharmacy  of  the  city 
of  New  York  shall,  on  the  first  Monday  of  April,  one  thousand 
eight  hundred  and  eighty-four,  and  on  the  same  day  every  third 
year  thereafter,  at  a  special  meeting  held  for  that  purpose,* 
elect  five  competent  pharmacists,  three  of  wThom  shall  be  grad- 
uates of  some  legally-constituted  medical  college,  and  the  re- 
maining two  graduates  of  some  legally-constituted  college  of 
pharmacy  of  the  city  of  New  York,  and  wrho  shall  form  and  be 
known  as  the  board  of  pharmacy.  The  members  of  this  board 
shall,  within  thirty  days  after  their  election  as  aforesaid,  indi- 
vidually take  and  subscribe  before  the  clerk  of  the  county  of 
New  York,  an  oath  faithfully  and  impartially  to  discharge  the 
duties  prescribed  for  them  by  this  title.  They  shall  hold  office  for 


REGISTERED  PHARM  VCISTS. 


•*,71 


tho  term  of  throe  years  and  until  their  successors  arc  duly  elected 
and  qualified;  and  in  case  of  any  vacancy,  the  trustees  of  the 
college  of  pharmacy  shall  fill  the  same  from  two  or  more  nominees 
elected  at  a  special  meeting  of  the  college  of  pharmacy.  The 
said  board  shall  organize  for  the  transaction  of  business  by  the 
election,  by  them,  from  their  number,  for  the  whole  term,  of  a 
president  and  secretary,  The  board  shall  meet  at  least  once  J^1"" f ■ ai"' 
every  three  months,  and  three  members  shall  constitute  a  quo- 
rum. The  duties  of  the  said  board  shall  be  to  transact  all  busi- 
ness pertaining  to  the  legal  regulation  of  the  practice  of  phar- 
macy in  the  city  of  New  York,  and  to  examine  and  register 
pharmacists.  Any  pharmacist  applying  for  examination  shall 
pay  to  the  secretary  a  fee  of  five  dollars,  and  should  ho  pass 
such  examination  satisfactorily  he  shall  be  furnished  with  a  cer- 
tificate as  to  his  competency  and  qualification,  signed  by  the  said 
board  of  pharmacy. 

§  2019.  It  shall  be  the  duty-  of  tho  secretary  to  keep  a  book  of  ^,c^M7,|5, 
registration  at  some  convenient  place,  of  which  due  notice  sball  secretary  to 
be  given  through  the  public  press,  in  which  book  shall  be  en-  regfitration. 
terod,  under  the  supervision  of  the  said  board,  the  names  and 
places  of  business  of  all  persons  coming  under  the  provisions  of 
this  title.    It  shall  be  tho  duty  of  all  such  persons  to  appear  be- 
fore the  said  board  for  registration;  and  the  foe  for  the  registra- 
tion of  pharmacists  shall  not  exceed  two  dollars,  and  for  assist- 
ants shall  not  exceed  one  dollar.    The  secretary  shall  give  re-  Bessretawto 
ceipts  for  all  moneys  received  by  him,  and  pay  over  the  same  to  J£y^cSffeesto 
the  treasurer  of  the  college  of  pharmacy  aforesaid,  taking  his  pharmacy, 
receipt  therefor,  which  moneys  shall  be  used  for  the  purpose  of 
defraying  the  expenses  of  the  board  of  pharmacy,  and  any  sur- 
plus shall  be  for  the  benefit  of  the  college  of  pharmacy.  The 
salary  of  the  secretary  shall  be  fixed  by  the  hoard,  and  shall  be 
paid  out  of  the  registration  fees. 

§  2020.  Every  registered  pharmacist  shall  be  held  responsi-  £JJ£.  ^ 
hie  for  the  quality  of  all  drugs,  chemicals,  and  medicines  he  Registered 
may  sell  or  dispense,  with  the  exception  of  those  sold  in  the  rra^siwe'for 
original  packages  of  the  manufacturer,  and  also  those  known  as  3™^t,>etc. 
"patent  medicines,'*  and  should  he  knowingly,  intentionally, 
and  fraudulently  adulterate,  or  cause  to  be  adulterated,  such 
drugs,  chemicals,  or  medical  preparations,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  be  liable 
to  a  penalty  not  exceeding  one  hundred  dollars,  and  in  addition 
thereto,  his  name  shall  be  stricken  from  the  register. 

£  2021.  It  shall  he  unlawful  for  any  person  to  retail  any  unlawful  to 
poisons  enumerated  in  schedules  A  and  B,  as  follows,  to-wit :  pouonser 


<372 


REGISTERED  PHARMACISTS. 
SCHEDULE  A. 


Schedule  a 


f>chrdule  B 


Package  to  bo 
labeled  "  poi- 
son,"  etc. 
Inquiries  to  be 
mail"-. 


.  F.ntry  to  be 
made. 


Not  to  apply  in 
certain  cases. 


1812,  ch.  817,  SB, 
Comp.  855. 

Not  to  apply  to 
practitioners  of 
medicines,  etc. 


Id.  19. 

Penalty  for 
attempt  to  reg- 
ister fraudu- 
1  ;ntlv,  etc. 


Arsenic  and  its  pre para t ions,  corrosive  sublimate,  white  pre- 
cipitate, red  precipitate,  biniodide  of  mercury,  cyanide  of  potas- 
sium, hydrocyanic  acid,  strychnia,  and  all  other  poisonous 
vegetable  alkaloids  and  their  salts,  essential  oil  of  bitter 
almonds,  opium  and  its  preparations,  except  paregoric  and 
other  preparations  of  opium  containing  less  than  two  grains  to 
the  ounce. 

SCHEDULE  L5. 

Aconite,  belladonna,  colchicum,,conium,  mix  vomica,  hen- 
bane, savin,  ergot,  eottonroot,  cantbarides,  creosote,  digitalis,  and 
their  pharmaceutical  preparations,  croton  oil,  chloroform, chloral- 
hydrate,  sulphate  of  zinc,  mineral  acids,  carbolic  acid  and  oxalic 
acid,  without  distinctly  labeling  the  bottle,  box,  vessel,  or  paper 
in  which  the  said  poison  is  contained,  and  also  the  outside  wrap- 
per or  cover  with  the  name  of  the  article  the- word  "poison," 
and  the  name  and  place  of  the  seller;  nor  shall  it  be  lawful  for 
any  person  to  sell  or  deliver  any  poisons  enumerated  in  sched- 
ules A  and  B,  unless  upon  due  inquiry  it  be  found  that  the  pur- 
chaser is  aware  of  its  poisonous  character,  and  represents  that  it 
is  to  be  used  for  a  legitimate  purpose.  Norshall  it  be  lawful  for  any 
registered  pharmacist  to  sell  any  poisons  included  in  schedule  A, 
without,  before  delivering  the  same  to  the  purchaser,  causing  an 
entry  to  be  made  in  a  book  kept  for  that  purpose,  stating  the 
date  of  sale,  the  name  and  address  of  the  r±urchaser,  the  name 
and  quality  of  the  poison  sold,  the  purpose  for  which  it  is  repre- 
sented by  the  purchaser  to  be  required,  and  the  name  of  the  dis- 
penser; such  book  to  be  always  open  for  inspection  by  the 
proper  authorities,  and  to  be  preserved  Jor'reference  for  at  least 
five  years.  The  provisions  of  this  section  shall  not  apply  to  the 
dispensing  of  poisions,  in  not  unusual  quantities  or  doses,  upon 
the  prescriptions  of  practitioners  of  medicine. 

§  2022.  Nothing  contained  in  the  foregoing  sections  of  this 
title  shall  apply  to  or  interfere  with  the  business  of  any  practi- 
tioner of  medicine  who  does  not  keep  open  shop  for  the  retailing 
of  medicines  and  poisons;  nor  with  the  business  of  wholesale 
dealers,  but  the  preceding  section,  and  the  penalties  for  its  vio- 
lation, shall  apply  to  such  persons. 

§  2023.  Any  person  who  shall  attempt  to  procure  registration 
for  himself,  or  for  any  other  person,  under  this  title,  by  making 
or  causing  to  be  made  any  false  representation,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be 
liable  to  a  penalty  not  exceeding  five  hundred  dollars.  Any 
registered  pharmacist  who  shall  permit  the  compounding  and 
dispensing  of  prescriptions  of  medical  practitioners  in  his  store 


PROVISIONS  FOIl  THE  PROTECTION  OF  BIRDS.  678 

or  place  of  business,  by  any  poison  or  persons  not  registered,  or 
any  person  not  registered,  who  shall  keep  open  shop  for  the 
retailing  or  dispensing  of  medicines  and  poisons,  or  who  shall 
fraudulently  represent  himself  to  be  registered,  or  any  registered 
pharmacist  or  dealer  in  medicines,  who  shall  fail  to  comply  w  ilh 
the  regulations  and  provisions  of  this  title,  in  relation  to  tin- 
retailing  and  dispensing  of  poisons,  shall,  for  every  such  offense, 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  he  liable  to  a  penalty  of  fifty  dollars. 

^  202-1.  Each  and  every  penalty  recovered  under  this  title  I,r  510 
shall  he  paid  to  the  trustees  of  the  college  of  pharmacv,  and  >-..v,r,-i,  i,. 

1  /     whom  t.j  In) 

shall  form  and  he  known  as  the  library  fund  of  said  college  of  r0''1 
pharmacy,  and  shall  be  expended  for  the  purchase  of  books  for 
the  library  of  said  college. 

Title  '.  —  Birds. 

§2025.  No  person  shall  kill,  wound,  trap,  net,  snare,  catch  ^i  V.':; 
with  bird  lime,  or  with  any  similar  substance  or  drug,  or  in  any  rsmp:.'*f' 

"  »  J  o»    .  •»     Sonp;  birils  an'] 

other  manner  capture  or  sell,  expose  for  sale,  or  transport  during  ^hennouoSe 
the  months  of  April,  May,  June,  July,  August,  September  or  kUled- ete- 
October,  in  any  year  any  bird  of  song,  or  any  linnet,  blue-bird, 
yellow  hammer,  yellow-bird,  thrush,  woodpecker,  cat-bird,  pe- 
wee,  swallow,  martin,  blue-jay,  oriole,  kildee,  snow-bird,  grass- 
bird,  grosbeak,  pha'be-bird,  humming-bird,  blackbird,  wren,  ex- 
cepting birds  bred  in  a  cage  or  imported  from  Europe  or  the 
southern  United  States.    No  person  shall  kill  or  expose  for  sale 
or  have  in  his  possession  after  the  same  has  been  killed,  any 
robin,  meadow-lark  or  starling,  between  the  first  day  of  Janu- 
ary and  the  fifteenth  day  of  October,  save  only  when  such  birds 
are  killed  on  the  premises  of  the  persons  killing,  and  while  fcbey 
are  destroying  fruit.    This  section  shall  not  apply  to  any  person  Exceptions 
who  shall  kill  any  bird  for  the  purpose  of  studying  its  habits  or 
history,  or  having  the  same  stuffed  and  set  up  as  a  specimen. 
Any  person  violating  this  section  shall  be  deemed  guilty  of  a  Iv,,;i" 
misdemeanor,  punishable  by  imprisonment  in  the  county  jail  or 
penitentiary,  of  not  less  than  five  or  more  than  thirty  days,  and 
shall  also  be  liable  to  a  penalty  of  fifty  doilars,  to  be  recovered 
with  costs,  by  any  person  suing  therefor  in  his  own  name.    In  dfsuibutsJdh0' 
all  actions  for  the  recovery  of  penalties  under  this  section,  one- 
half  of  the  recovery  shall  belong  to  the  plaintiff,  and  the  re- 
mainder shall  be  paid  to  the  chamberlain. 

Title  8. — Commercial  Paper  during  Prevalence  of  Epidemic . 

§  2020.  Whenever  the  board  of  health  shall,  by  public  notice,  twoMiV" 
designate  any  portion  or  district  of  the  said  city  as  being  the  seat  ComP-J- 


671      COMMKHCI.W,  I'AI'KH  DIKING   i'HKVAl.KNf  T.  (J I-  VA'WFMU  . 


ReRlstry  of  in 
habitants  In 

coko  of  pesti- 
lence 
Id.  $ 18, 
Their  names 
and  places  of 
business,  etc, 


Fee  of  clerk. 
Register  may 
be  examined 

gratia. 


M.  {14. 

Drafts,  notee, 
' |tc  ,  how 
presented. 


Id.  |10. 
Notices,  etc., 
may  be  left  at 
post-office. 


of  any  infectious  or  contagious  disease,  and  declare  communica- 
tion with  such  portion  or  district  dangerous,  or  shall  prohibit 
such  communication!  it  shall  be  the  duty  of  the  clerk  of  the  said 
city  and  county,  during  the  continuance  of  such  disease  in  such 
district,  to  provide  and  keep  in  his  office  a  book  for  the  purpose 
of  registering  in  alphabetical  order,  the  names,  firms  and  places 
of  business  of  any  inhabitant  of  the  city  who  shall  desire  such 
registry  to  be  made. 

§  2027.  It  shall  be  the  duty  of  all  persons  and  firms  usually 
resident  Or  doing  business  withincuch  infected  district,  to  regis- 
ter in  the  book  so  provided  by  the  said  clerk,  their  names  or 
firms,  with  the  place  or  places  out  of  such  infected  district,  but 
within  the  county  of  New  York  to  which  they  may  have  re- 
moved the  transaction  of  their  business,  or  to  which  they  may 
desire  any  notices  to  be  sent  or  served,  or  any  notes,  drafts  or 
bills  to  be  presented  for  acceptance  or  for  payment.  The  sum  of 
twenty-five  cents  may  be  claimed  and  received  by  the  said  clerk 
for  every  such  registry;  but  the  book  in  which  the  same  shall  be 
entered  shall  be,  at  all  times  during  office  hours,  open  to  public 
examination,  free  of  all  charges. 

§2098.  Din  ing  the  continuance  of  any  such  disease  in  such 
infected  district,  all  drafts,  notes  and  bills  which  by  law  are  re' 
quired  to  be  presented  for  acceptance  or  for  payment,  may  be 
presented  for  such  purpose  at  the  place  so  designated  in  such 
registry;  and  all  notices  of  non-acceptance  and  non-payment,  of 
any  note,  draft  or  bill,  or  of  protest,  for  such  non-acceptance  or 
non-payment,  may  be  served  by  leaving  the  same  at  the  place  so 
designated. 

£2^29.  In  ease  any  person  or  fil  m  usually  resident  or  doing 
business  within  such  infected  district  shall  neglect  to  make  and 
cause  to  be  entered  in  the  book  so  provided,  the  registry  herein 
required,  all  notes,  drafts  or  bills  which  by  law  are  required  to 
be  presented  to  such  person  or  firm  for  acceptance  or  for  pay- 
ment, may  be  presented  to  the  said  clerk  of  the  city  and  county 
of  New  York  during  the  continuance  of  such  disease,  at  anytime 
during  office  hours,  and  demand  of  acceptance  or  payment  thereof, 
may  be  made  of  the  said  clerk,  to  the  same  purpose  and  with  the 
same  effect  as  if  the  same  had  been  presented  and  acceptance  or 
payment  demanded  of  such  person  or  firm.at  their  usual  place  of 
doing  business. 

§  2030.  In  case  of  tile  omission  to  make  the  registry  herein 
required,  all  notices  of  the  non-acceptance  or  non-payment  of 
any  note,  draft  or  bill,  or  of  protest  for  such  non-acceptance  or 
non-payment,  may  be  served  on  any  person  or  firm  usually  resi- 
dent or  doing  business  within  such  infected  district,  by  leaving 
the  same  at  one  of  the  post-offices  for  the  said  city,  which  ser- 


I.WniN'fi  01'   IMMIGRANTS  AND  THEIR  BAGGAGE 


Vice  shall  1>j  as  valid  and  effectual  as  if  the  notices  had  been 
served  personally  on  such  person  or  one  of  such  linn,  aj  )»is  ot 
their  usual  placo  of  doing  business. 

§  2031.  Whenever  proclamation  shall  be  made  by  the  board  J*j*J*  b(I 
of  health  or  other  proper  authority  of  the  city,  that  an  infeel  tous    gj* ' 
or  contagious  disease  in  any  such  infected  district  has  subsided,  Hik'' 
it  shall  be  deemed  to  have  subsided,  for  all  purposes  contem- 
plated in  this  title. 


CHAPTER  XXX. 


Immigrants. 


§  2032.  The  commissioners  of  emigration  shall,  from  time  to 
time,  designate  some  one  place  in  the  city  of  New  York  as  they 
shall  deem  proper  for  the  landing  of  emigrant  passengers,  and  it 
shall  be  lawful  for  such  passengers  to  be  landed  at  such  place  so 
designated  by  the  commissioners  of  emigration.  The  commis- 
sioners of  emigration  shall  have  authority  to  purchase,  lease, 
construct  and  occupy  such  wharves,  piers  and  other  accommo- 
dations in  the  city  of  New  York  as  may  be  necessary  for  the 
accommodation  of  emigrant  passengers  for  the  purposes  men- 
tioned in  this  section. 

§  2033.  It  shall  be  the  duty  of  every  ship-master,  owner  or 
consignee  bringing  to  the  port  of  New  York  any  alien  emigrants, 
steerage  or  second  cabin  passengers,  in  vessels  not  subject  to 
quarantine,  to  cause  the  same  to  be  landed  on  the  emigrant 
piers  aforesaid,  either  directly  from  the  vessel  or  by  means  of 
some  licensed  steamboats  or  lighters  ;  and  the  landing  of  them 
upon  any  other  pier  or  wharf  shall  be  punished  by  a  fine  not  less 
than  one  hundred  dollars,  which  fine  may  be  recovered  of  the 
master,  owner  or  consignee  of  such  ship  or  vessel.  The  commis- 
sioners of  emigration  are  empowered  to  make  all  necessary  regu- 
lations for  the  preservation  of  order,  and  the  admission  to  or 
exclusion  from  said  dock  of  any  person  or  persons  excepting 
such  as  are  duly  licensed,  and  any  person  violating  any  of  such 
regulations  shall  be  liable  to  a  penalty  of  one  hundred  dollars 
for  each  and  every  offense,  to  be  recovered  by  the  said  commis- 
sioners of  emigration. 

§  2034.  The  health  officer  shall  give  notice,  in  writing,  to  the 
owner  or  owners,  consignee  or  consignees,  master,  commander 
or  person  having  charge  of  every  vessel,  having  emigrant  pas- 
sengers on  board  of  such  vessel,  destined  for  the  city  of  New 


lto,  cbA74,  Kflj 
7,  Comp.  1001; 


1^8,  ch.  219,  ?° 
Comp.  1680. 
Passengers  to 
he  landed  on 
the  emigrant 
piers. 


Hoo,  ch.  •171,  {(?, 
as  amended 
1857,  ch.  579  $0. 
Comp.  1CJ1 


<;7»; 


LANDING  OF   IMMIGRANTS  AND  THEIR  BAGGAGE. 


Duty  of  health 

officer. 

See  51838. 


I'M,  Cta.  218, 

111,  a.  3. 

uHanii'iiiN'.l 

1853,  eh.  Gl!>, 
(.'onip.  iubu. 
Landing 


|8, 


1853.  ch.  218,  %4. 
Comp.  108T. 
Penalty  for  vio- 
lating provi- 
sions of  $lS-.>3. 


Id.  §5, 

Penalties  to  be 
liens  on  ship 
or  vessel. 


York,  to  land  such  passengers  and  their  personal  baggage  at 
such  pier  or  place  in  the  said  city  of  New  York  as  has  been  or 
may  at  any  time  be  designated  specially  by  the  commissioners 
of  emigration  for  the  landing  of  emigrant  passengers  and  their 
personal  baggage. 

§  2035.  The  owner  or  owners,  consignee  or  consignees, 
master,  commander,  or  person  having  charge  of  any  ship  or 
vessel  arriving  at  the  port  of  New  York,  with  passengers  emi- 
grating to  the  United  States,  shall,  subject  to  the  provisions  of 
the  preceding  sections  of  this  chapter,  land  all  such  passengers 
on  some  one  of  the  public  wharves  of  the  city  of  New  York, 
excepting,  however,  such  wharves  as  are  owned  or  rented  by, 
or  are  under  the  control  of,  any  steamboat  or  railroad  or  for- 
warding company  or  line.  No  owner  or  owners,  consignee  or 
consignees,  master,  commander,  or  person  having  charge  of 
any  such  ship  or  vessel,  shall  order  any  such  passengers  to  be 
taken  or  removed  from  such  ship  or  vessel,  at  quarantine  or  else- 
where, excepting  for  the  purpose  of  quarantine  regulations  as  to 
healt  h,  or  jshall  give  orders,  or  permit,  or  allow,  any  runner  or  per- 
son on  behalf  of,  or  connected  with,  any  steamboat,  railroad,  or 
forwarding  company  or  line,  or  emigrant  boarding  house,  to 
solicit  or  book  any  such  passengers,  or  to  enter  or  go  on  board 
such  ship  or  vessel,  prior  to  the  landing  of  such  passengers,  as 
is  provided  for  in  this  section.  This  section  shall  apply  to  the 
owner  or  owners,  consignee  or  consignees,  master,  commander, 
or  persons  having  charge  of  any  steamboat  or  other  vessel  em- 
ployed for  the  purpose  of  conveying  any  passengers  from 
quarantine. 

§  203(5.  Any  consignee  or  consignees,  master,  commander,  or 
person  having  charge  of  any  ship,  steamboat  or  vessel,  who 
shall  violate  any  of  the  provisions  of  the  preceding  section,  and 
the  owner  or  owners  of  such  ship,  steamboat  or  vessel,  sever- 
ally and  respectively,  shall  be  subject  to  a  penalty  of  five  hun- 
dred dollars  for  each  and  every  violation  of  any  of  such  pro- 
visions, to  be  sued  for  and  recovered,  with  costs  of  suit  by  and 
in  the  name  of  the  commissioners  of  emigration,  in  any  court 
having  cognizance  thereof  ;  and,  when  recovered,  one  half  of 
said  recovery  shall  be  paid  to  the  person  furnishing  information 
and  evidence  of  such  violation,  and  the  remainder  of  such 
recovery  shall  be  applied  and  used  by  said  commissioners  of 
emigration  for  the  purposes  for  which  said  commissioners  are 
constituted. 

§  2037.  Any  ship,  steamboat  or  vessel,  whose  master,  com- 
mander, owner  or  owners  shall  have  incurred  any  penalty 
or  forfeiture,  under  the  provisions  of  either  of  the  two  preceding- 
sections,  shall  be  liable  for  such  penalties  or  forfeitures  which  shall 


PENALTIES  F<>K  VIOLATIONS  or  LAW 


077 


be  a  lien  upon  such  ship  or  vessel,  and  may  be  enforced  or  collected 
by  warrant  or  attachment,  in  the  same  manner  as  is  provided  in 
title  eight  of  the  third  part  of  (he  Revised  Statutes,  all  the  pro 
visions  of  which  title  shall  apply  to  the  forfeitures  and  penalties 
imposed  by  such  sections;  and  the  said  commissioners  of  emi- 
gration, shall  for  the  purpose  of  such  attachment,  he  deemed 
creditors  of  such  ship,  steamboat,  or  vessel,  and  of  her  master 
or  commander  and  owner  or  owners  respectively. 

g  203*\  Nothing  in  the  three  preceding  sections  contained  11  *° 
shall  he  construed  to  prevent  the  landing  ot  such  emigrant  pas-  «te»mww 
sengers  from  steamboats  or  other  vessels,  in  the  manner  provided 
in  section  two  thousand  and  thirty-five,  in  any  case  where  the 
ship  or  vessel  from  which  such  passengers  are  taken  shall  be 
unable  to  come  to  any  such  public  wharf,  provided  such  steam- 
boat or  other  vessel  shall  be  employed  at  their  own  expense  by 
the  owner,  consignee,  master,  or  person  having  charge  of  the 
ship  or  vessel  from  which  such  passengers  are  taken,  for  the 
purpose  of  landing  the  same,  in  consequence  of  their  inability 
to  bring  such  ship  or  vessel  to  said  public  wharf;  and  the  pro- 
visions of  such  section  shall  apply  to  such  steamboat  or  other 
vessel  so  employed. 

§  2030.  Any  runner,  or  person  acting  for  himself,  or  for  or  c^p^c*,9,  *!" 
on  behalf  of  or  connected  with  any  steamboat,  railroad  or  for-  Runners  not  to 

,  ,.       .  ,        ,     ,,  .     solicit  passen- 

warding  company,  or  emigrant  boarding  house,  who  shall  solicit  f"^0^^, 
or  book  any  passengers  emigrating  to  the  United  States,  and 
arriving  at  the  port  of  New  York,  before  such  passenger  shall 
have  left  the  vessel  in  which  he  has  so  arrived,  or  who 
shall  enter  or  go  on  board  any  ship  or  vessel,  so  arriving  with 
emigrant  passengers,  prior  to  the  landing  of  such  passengers 
therefrom,  and  also  any  person,  company,  or  corporation  having 
employed  such  person  for  the  purpose  of  soliciting  and  hook- 
ing such  passengers  prior  to  their  leaving  the  vessel  in 
which  they  may  arrive,  shall  be  severally  subject  to  a  penalty 
of  one  hundred  dollars  for  each  offense,  to  be  sued  for  and  re- 
covered in  the  name  of  the  commissioners  of  emigration,  in  any 
court  having  jurisdiction.  Any  person  violating  the  provisions  Misdemeanor 
of  this  section  may  also  be  indicted  for  a  misdemeanor,  which 
violation  shall  bo  held  and  taken  to  be  a  misdemeanor. 

§  2040.  In  any  case  of  violation  of  the  provisions  of  the  pre-  uu.ch.OTe.tm. 


ten 


ceding  section,  or  of  sections  two  thousand  and  thirty-five,  two  pe'nsllyma' 
thousand  and  thirty-six  and  two  thousand  and  thirty-seven,  or  remUteJ'v 
any  of  them,  whenever  it  shall  be  made  to  appear  to  any  court 
having  jurisdiction  thereof,  upon  satisfactory  evidence,  that  such 
violation  was  not  intentionally  committed,  or  with  a  view  to  the 
profit  of  the  person  committing  the  same,  or  for  or  on  behalf  of 
some  owner,  consignee  or  other  person,  nor  by  any  culpable 


C78  LANDING  OF   IMMIGRANTS  AND  THEIR  BAGGAGE. 


Id.  |4. 

Having  clause. 


1879.  ch.  427. 
Commissioners 
empowered  to 
to  inspect  per- 
sons and 
effects. 


To  take  Into 
custody  luna- 
tics, etc. 


May  board 
Incoming 
vessels,  etc. 


1881,  ch.  13*. 
Tax  on  alien 
passengers  to 
be  paid  by  mas- 
ters, etc.,  of 
vessels. 


negligence,  it  shall  (hen  lie  lawful  for  the  said  court  to  remit  or 
compound  the  penalty  for  such  violation,  on  such  tonus  as  may 
in  their  judgment  he  jnst  and  equitable  to  all  persons  interested 
in  the  matter. 

§  2041.  Nothing  in  sections  two  thousand  and  thirty-five  to 
two  thousand  and  thirty-nine,  inclusive,  shall  he  taken  or  con- 
strued to  prevent  any  passenger  arriving  at  the  port  of  New 
York,  and  not  detained  under  the  authority  of  the  laws  for  the 
preservation  of  public  health,  from  leaving  the  vessel  in  which 
he  so  arrives,  whenever  and  in  any  way  he  shall  prefer,  upon 
his  personal  request  or  demand  so  to  do,  to  the  commander  of 
such  vessel. 

§  2042.  The  commissioners  of  emigration  are  hereby  empow- 
ered and  directed  to  inspect  the  persons  and  effects  of  all  per- 
sons arriving  hy  vessel  at  the  port  of  New  York  from  any 
foreign  country,  as  far  as  may  he  necessary  to  ascertain  who, 
among  them,  are  hahitual  criminals  or  pauper  lunatics,  idiots, 
or  imheciles,  or  deaf,  dumb,  blind,  infirm,  or  orphan  persons, 
without  means  or  capacity  to. support  themselves,  and  subject  to 
become  a  public  charge,  and  whether  their  persons  or  effects  are 
affected  with  any  infectious  or  contagious  disease,  and  whether 
their  effects  contain  any  criminal  implements  and  contrivances. 
On  discovering  any  such  objectionable  persons  or  effects,  the  said 
commissioners  of  emigration  and  its  inspectors  are  further  em- 
powered to  take  such  persons  into  their  care  or  custody,  and  to 
detain  or  destroy  such  effects  if  necessary  for  the  public  wel- 
fare, and  keep  such  persons  tinder  proper  treatment,  and  pro- 
vide for  their  transportation  and  support  as  long  as  they  may 
be  a  necessary  public  charge.  The  commissioners  of  emigra» 
tion  shall/ in  case  of  habitual  criminals,  and  may  in  other  cases 
where  necessary  to  prevent  such  person  or  persons  from  con- 
tinuing a  public  charge,  re-transport  such  person  or  persons  to 
the  foreign  port  from  which  they  came.  The  commissioners  of 
emigration  are  further  empowered  to  board  any  incoming  ves- 
sel from  foreign  ports  arriving  at  the  port  of  New  York,  by  its 
agents  and  inspectors,  who  shall  have  such  powers  as  may  be 
necessary  to  the  effectual  execution  of  this  section,  and  any 
person  who  shall  resist  them  in  the  execution  of  their  lawful 
function  shall  be  guilty  of  a  misdemeanor  and  may  be  arrested 
by  the  officer  resisted,  and,  upon  conviction,  may  be  sentenced 
to  a  term  not  exceeding  six  months  in  the  penitentiary,  or  to 
pay  a  fine  of  one  hundred  dollars,  or -both. 

§  2043.  There  shall  be  levied  and  collected  a  duty  of  one  dol- 
lar for  each  and  every  alien  passenger  who  shall  come  by  vessel 
from  a  foreign  port  to  the  port  of  New  York,  for  whom  a  tax 
has  not  heretofore  been  paid— the  same  to  be  paid  to  the  cham- 


l.\NDIN(i  OF    iMMKiK  Wl's  AND  TIIKIU  BAQQAGB. 


671) 


berlain  of  tho  city  of  New  York,  by  the  master,  owner,  agent, 
or  consignee  of  every  such  vessel  withini  wenty-four  hours  after 
the  entry  thereof  into  tho  port  of  New  York.  -It  shall  be  tho  |^t«Si« 
duty  of  the  tnaster  or  acting  master  of  every  such  vessol  within  £!riP5y^ 
twenty-four  hours  after  its  arrival  at  the  port  of  New  York,  to  iNUU,cnKer8: 
report  under  oath,  to  the  mayor,  the  names,  ages,  sex,  place  of 
birth,  and  citizenship  of  each  and  every  passenger  on  such  ves- 
sel, and  in  default  of  such  report  every  passenger  shall  be  pre- 
sumed to  he  an  alien  arriving  at  tho  port  of  New  York  for  the 
first  time.    And  in  default  of  every  such  payment  to  the  cham 
berlain,  there  shall  be  levied  and  collected  of  the  master,  owner, 
agent,  or  consignee  of  every  such  vessel,  a  penalty  of  twenty- 
five  cents  for  each  and  every  alien  passenger,  in  addition  to  tho 
duty  heretofore  imposed.    The  commissioners  of  emigration 
shall  institute  suits  in  the  name  of  tho  people  of  the  stato  of  °>'sduc- 
New  York  for  the  collection  of  all  moneys  due  or  which  may 
grow  due  under  this  section,  the  same  to  be  paid  when  collected 
to  the  chamberlain  of  the  city  of  New  York,  to  be  applied  by 
him  pursuant  to  tho  terms  of  the  next  section. 

§  2044.  It  shall  be  the  duty  of  the  chamberlain  to  pay  over  gggffifcj* 
from  time  to  time  to  the  commissioners  of  emigration  all  such  J^onera°ofra' 
sums  of  money  as  may  be  necessary  for  the  execution  of  the  in-  cm|s™uon. 
sped  ion  laws  of  the  state  of  New  York,  with  the  execution  of 
which  the  commissioners  of  emigration  now  are  or  may  here- 
after be  charged  by  law,  and  to  take  the  vouchers  of  the  com- 
missioners of  emigration  for  all  such  payments.    And  it  shall  be 
the  duty  of  the  said  chamberlain  to  pay  over  annually,  on  the 
first  of  Jaimary  in  each  year,  to  the  treasury  of  the  United 
States,  the  net  produce  of  all  the  duties  collected  and  received  by 
him  under  this  title  after  the  payments  to  the  commissioners  of 
emigration  aforesaid,  and  take  the  receipt  of  the  secretary  of  tho 
treasury  therefor. 

§  2045.  The  commissioners  of  emigration  are  authorized  and  Jgw. dug?. U 
required  to  grant  and  issue  licenses,  and  from  time  to  time,  in  Licenses, 
their  discretion,  to  suspend,  revoke,  or  annul  the  same,  to  the 
owner  or  captain  of  any  steamboat,  steam-tug,  propeller,  or 
barge,  used  or  engaged,  or  to  be  used  or  engaged,  for  the  purpose, 
in  whole  or  in  part,  of  the  removing,  taking  off,  or  conveying, 
or  transporting  to  any  dock  or  pier  in  the  city  of  New  York, 
emigrant  passengers,  or  their  baggage,  arriving  at  and-  being  in 
any  part  of  the  port  of  New  York,  within  this  State,  from  the 
ship  or  vessel  in  which  such  emigrant  passengers  or  their  lug- 
gage shall  have  arrived  at  such  part  of  said  port,  provided 
always  that  such  licenses  shall  not  be  suspended,  revoked,  or  an- 
nulled, except  for  cause,  after  opportunity  for  the  party  com- 
plained of  to  be  heard. 


♦ 


680 


PKRSONAL  1JAOOAOK  or  IMMIGRANTS. 


romp \m'  §2046.  It  shall  not  bo  lawful  for  any  steamboat,  steam-tug, 

Rf.movinKof  propeller,  barge,  or  other  boat  or  vessel,  or  the  owner  or  captain, 
or  person  having  charge  or  the  same,  to  go  or  to  be  taken  along- 
side of  any  ship  or  vessel  having  such  passengers  on  board,  being 
within  this  State,  with  the  intent  or  for  the  purpose  of  removing, 
taking  off,  conveying,  or  transporting,  or  to  remove,  take  off, 
convey,  or  transport  any  of  such  passengers,  or  the  baggage  of 
any  such  passengers,  from  such  ship  or  vessel,  being  in  this 
State,  to  any  dock  in  the  city  of  New  York  or  Brooklyn,  unless 
the  license  mentioned  in  the  preceding  section  shall  have  been 
granted  and  issued  to  the  then  owner  or  then  captain  of  such 
steamboat,  steam-tug,  propeller,  barge,  or  other  boat,  or  vessel, 
and  be  then  existing  and  not  suspended,  revoked,  or  anulled. 

1857,  ch.  579,  .a       §  2047.  The  owner  and  owners  jointly  and  severally,  and  the 

Comp.  ISPS.  t  .  ,      .         ,  /.,,,. 

Penalties.       captain  or  person  having  charge  of  any  steamboat,  steam-tug, 

propeller,  barge,  or  other  boat  or  vessel,  violating  the  provisions 
of  the  preceding  section  or  any  of  them,  shall  be  liable  to  a 
penalty  of  five  hundred  dollars,  for  each  and  every  violation 
thereof  ;  and  in  case  any  of  such  passengers,  or  the  baggage  of 
any  of  them,  shall  be  taken  off  "or  removed  from  such  ship  or 
vessel,  so  being  within  this  State,  in  or  by  any  steamboat,  steam- 
tug,  propeller,  barge,  boat,  or  other  vessel,  without  the  license 
aforesaid,  with  the  intent  or  for  the  purpose  mentioned  in  said 
section,  or  in  violation  of  any  of  its  provisions,  except  in  case  of 
shipwreck  or  imminent  danger  thereof,  the  owner  or  owners, 
jointly  and  severally,  and  the  captain  or  person  having  charge 
thereof,  shall,  in  addition  to  the  .above  penalty,  be  also  liable  to 
a  further  penalty  of  fifty  dollars  for  each  and  every1  passenger, 
and  for  the  baggage  of  each  and  every  passenger  so  taken  off,  or 
conveyed  from  such  ship  or  vessel  ;  which  penalties  shall  be 
deemed  and  be  forthwith  a  lien  on  such  steamboat,  steam-tug, 
propeller,  barge,  boat,  or  other  vessel,  and  may  be,  immediately 
upon  such  violation,  sued  for,  enforced  and  recovered  by  and  in 
the  name  of  the  commissioners  of  emigration,  either  by  an  action 
in  any  court  having  jurisdiction  thereof,  or  by  an  attachment 
under  and  pursuant  to  the  provisions  of  the  laws  enacted  for  the 
collection  of  demands  against  ships  and  vessels,  and  said  com- 
missioners shall  forthwith  be  deemed  to  be,  and  be  creditors  of 
such  steamboat,  steam-tug,  propeller,  barge,  boat,  or  vessel,  and 
have  a  direct  lien  thereon. 
Id  l5  §  2048.  All  personal  baggage  of  emigrant  passengers  arriving 

Personal        at  the  port  of  and  destined  for  the  city  of  New  York  shall  be 

baggage.  •*•  J 

landed  at  the  place  or  pier  designated  as  the  landing  place  in 
said  city  for  emigrant  passengers;  and  the  captain,  owner  and 
consignees  of  every  ship  or  vessel  arriving  at  said  port  with 
emigrant  passengers  destined  for  said  city  shall  bo  jointly  and 


EMIGRANT  BOARDING 


HorsKs. 


C81 


severally  subject  and  liable  to  a  penalty  of  fifty  dollars  for  each 
and  every  emigrant  padeonger,  or  bis  personal  baggage,  landed 

at  any  place  or  pier  other  than  the  place  or  pier  aforesaid;  which 
penalty  shall  be  a  lien  upon  such  ship  or  vessel,  arid  may  be  en- 
forced and  recovered  by  and  in  the  name  of  the  commissioners  of 
emigration,  either  by  an  action  or  by  wan-ant  of  attachment,  under 
and  pursuant  to  the  provisions  of  the  laws  enacted  lor  the  col 
lection  of  demands  against  ships  and  vessels. 

§  204!).  All  persons  keeping  houses  in  said  city  for  the  pur-  Sa' S3, 

pose  of  boarding  (^migrant  passengers  shall  be  required  to  have  a  comp^iwi! 
license  for  said  purpose  from  the  mayor,  and  such  person  so  JESSES 
licensed  shall  pay  to  the  city  the  sum  of  ten  dollars  per  annum, 
and  shall  give  bonds  satisfactory  to  said  mayor,  with  one  or 
more  sureties,  in  the  penal  sum  of  five  hundred  dollars,  for  good 
behavior,  and  the  proper  conduct  of  all  agents  and  runners  in 
their  employ,  and  the  said  mayor  is  hereby  authorized  to  revoke 
any  license  for  cause.  Every  keeper  of  such  boarding-house  ^l1^"^!; 
shall,  under  a  penalty  of  fifty  dollars,  cause  to  be  kept  con-  \:',X  Iu 
spicuously  posted  in  the  public  rooms  of  such  house,  in  the  En- 
glish, German,  Dutch,  French  and  Welsh  languages,  and  printed 
upon  business  cards,  to  be  kept  for  distribution  as  hereinafter 
provided,  a  list  of  the  rates  of  prices  which  will  be  charged  emi- 
grants per  day  and  week  for  board  and  lodging,  and  also  the 
rates  for  separate  meals,  which  card  shall  contain  the  name  of 
the  keeper  of  such  house,  together  with  its  number  and  the  name 
of  the  street  in  which  such  house  is  situated.  The  keeper  of  such  benied  "SrS?*0 
house  shall  also  file  a  copy  of  said  list  in  the  office  of  the  com-  l^-mi^uoa. 
missioners  of  emigration,  and  the  keeper  of  any  emigrant  board- 
ing-house who  shall  neglect  or  refuse  to  post  a  list  of  rates,  or  to 
keep  business  cards  so  as  above  provided,  or  who  shall  charge  or 
receive,  or  permit  or  suffer  to  be  charged  or  received  for  the  use 
of  such  keeper  or  for  any  other  person,  any  greater  sum  than  ac- 
cording to  the  rates  of  prices  so  posted  and  printed  on  business 
cards,  and  if  any  runner  employed  by  any  emigrant  boarding-house 
keeper,  or  any  emigrant  boarding-house  keeper  himself,  shall 
engage  any  emigrants  as  guests  for  such  boarding:house,  with- 
out delivering  to  every  such  emigrant  a  printed  business  card  as 
above  provided,  he  shall,  upon  conviction  thereof,  be  deprived 
of  his  or  her  license,  and  be  punished  by  a  fine  not  less  than  fifty, 
nor  more  than  one  hundred  dollars,  to  be  recovered  by  the  com- 
missioners of  emigration,  and  any  person  who  shall  keep  a 
boarding  or  lodging  house  for  emigrants  who  shall  refuse  or 
neglect  to  obtain  a  license  in  pursuance  of  the  provisions  of  this 
section,  shall  upon  the  first  conviction  forfeit  the  penalty  of  one 
hundred  dollars,  and  upon  a  subsequent  conviction  shall  forfeit 


O&L'  EMIGRANT  BOARDING  HOUSES. 

tho  penalty  of  two  hundred  dollars,  to  be  recovered  by  the  per- 
sons and  in  the  manner  above  set  forth, 
urari*'  **       £  2o:,o.  No  keeper  of  any  emigrant  boarding-house  shall  have 
cwn$KH? any  lien  ul>on  t,ie  baggage  01  effects,  of  any  emigrant  for  board 
.toMOTone"  W&Mh  storage,  or  any  other  account  whatever,  for  any 

wau"',Z"\.t*.  K>(>ater  sum  than  shall  be  due  from  such  emigrant  for  boarding 
and  lodging  according  to  the  rates  or  prices  so  posted  as  above 
provided;  and  upon  complaint  being  made  upon  oath  before  tho 
mayor  or  any  police  magistrate,  that  the  luggage  or  effects  of 
any  emigrant  are  detained  by  the  keeper  of  any  emigrant  board- 
ing-house, under  pretense  of  any  lien  upon  such  luggage  or 
effects,  or  on  any  claim  or  demand  against  the  owner  or  owners 
thereof,  for  any  other  or  greater  sum  than  in  accordance  with 
such  rates,  it  shall  be  the  duty  of  the  officer  before  whom  such 
complaint  is  made  immediately  to  issue  his  warrant,  directed  to 
any  constable  or  policeman  of  said  city,  commanding  him  or 
them  to  bring  before  him  the  party  against  whom  such  com- 
plaint has  been  made,  and  upon  conviction  thereof  the  officer  be- 
fore whom  such  conviction  shall  be  had  shall  cause  the  said 
goods  to  be  forthwith  restored  to  the  owner  thereof,  and  the 
party  so  convicted  shall  be  punished  by  a  fine  not  less  than  fifty 
dollars,  and  not  exceeding  one  hundred  dollars,  and  shall  be 
committed  to  the  city  prison  until  the  said  fine  shall  be  paid,  and 
until  such  luggage  or  effects  shall  be  delivered  to  such  emigrant. 
up^ai°f  ~^n-  Person  so  convicted  shall  have  the  right  of  appealing  from 
the  decision  of  such  mayor  or  magistrate  to  the  same  tribunals 
and  in  the  same  manner  as  if  provided  by  law  for  appeals  from 
the  decisions  of  justices  in  civil  cases,  and  all  the  provisions  of 
law  relating  to  appeals  from  justices  shall  apply  so  far  as  appli- 
cable to  appeals  from  such  mayor  or  other  magistrate.  But 
such  appeal  shall  not  authorize  the  detention  of  such  luggage 
or  effects  after  tho  payment  of  the  sum  which  such  mayor 
or  magistrate  shall  adjudge  to  be  justly  due  from  such  emi 
grant. 

lew.  ch.  2i<>,  §5,     8  2051.  No  person  shall,  in  said  city,  solicit  emigrant  passen- 

u*  Amended  1  .,     .      *  .  ,   .  . 

1857, ch.  579,  §4,  gers  or  their  luggage  for  emigrant  boarding-houses,  passenger 
Emigrant  offices,  forwarding  transportation  lines,  or  for  steamers,  ships, 
or  vessels  bound  or  about  to  proceed  to  any  port  not  within  this 
State  ;  or  for  any  person  or  for  any  company  selling  or  offering 
for  sale  passage  tickets,  or  contracting  or  offering  to  contract  for 
passage  in  any  such  steamer,  ship  or  vessel  without  a  license  for 
that  purpose,  which  shall  expire  at  the  end  of  one  year  from  its 
date.  Such  license  may  be  issued  and  revoked  in  the  discretion 
of  the  commissioners  of  emigration  for  cause,  as  hereinbefore  pro- 
vided. Such  person  receiving  such  license,  shall  pay  the  sum  of 
twenty  dollars,  and  give  a  bond,  with  two  sufficient  sureties,  in 


runners. 


EMIGRANT  KT'NNKKS. 


083 


the  penalty  of  live  hundred  dollars,  conditioned  for  the  good  hehav 
ior  and  the  observance  hy  hiinof  the  provisions  of  this  sect  onto 
the  commissioners  of  emigration.  The  money  thus  received  or 
collected  on  said  bonds  shall  be  for  the  benefit  of  the  emigrant 
fund.  Every  person  so  licensed  shall  wear,  in  a  conspicuous 
place  about  his  person,  a  badge  or  plate,  of  such  character  and 
in  such  time  and  manner  as  such  commissioners  shall  prescribe, 
with  the  words  ';  licensed  emigrant  runner"  inscribed  thereon, 
with  his  name  and  the  number  of  his  licenso,  No  person  who 
is  not  of  approved  good  moral  character  shall  be  licensed  as  such 
runner.  Every  person  who  shall,  without  such  license,  solicit 
alien  emigrant  passengers  or  others,  for  the  benefit  of  board- 
ing-houses, passenger  offices,  or  forwarding  or  transportation 
lines,  or  for  any  steamer,  ship,  or  vessel  bound  or  about  to  pro- 
ceed to  any  port  not  within  the  State  of  New  York,  or  for  any 
person  or  company  selling  or  offering  for  sale  passage  tickets,  or 
contracting  or  offering  to  contract  for  passage  in  any  such  steam- 
ship or  vessel  upon  any  street,  lane,  alley,  or  upon  any  dock, 
pier,  or  public  highway,  or  in  any  other  place  within  the  corpo- 
rate bounds  of  the  city,  or  upon  any  waters  adjacent  thereto, 
over  which  said  city  has  jurisdiction,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  shall  be  punished  by  imprisonment  in  the 
county  prison  or  jail  not  less  than  three  months,  nor  exceeding 
one  year.  The  bonds  mentioned  in  this  section  may  be  sued  by  Bonds, 
and  in  the  name  of  the  commissioners  of  emigration  in  any 
court  having  cognizance  thereof;  and  in  case  of  a  breach,  the 
said  commissioners  shall  recover  the  full  penalty  of  said  bond. 

js  2052.  No  person  or  persons  shall  exercise  the  vocation  of  !,Vam?iu?ea  r' 
booking  emigrant  passengers,  or  taking  money  for  their  inland  compV'. '' 
fare,  or  for  the  transportation  of  the  luggage  of  such  passengers,  Sf£a£££J£r' 
without.keeping  a  public  office  for  the  transaction  of  such  busi-  ™a£mlok£P 
ness,  nor  without  the  license  of  the  mayor,  for  which  shall  be  haveikfenTe11 
paid  the  sum  of  twenty-five  dollars  per  annum.    Every  such  of- 
fice and  place  for  weighing  luggage  shall  be  at  all  times  when 
business  is  being  transacted  therein  open  to  the  commissioners  of 
emigration  or  their  agent,  duly  appointed,  and  no  scales  or 
weights  shall  be  used  for  such  purpose  but  such  as  have  been  in- 
spected and  sealed  by  the  city  inspector  of  weights;  and  every  toS,b^enoUc^ 
such  establishment  shall  have  posted  in  a  conspicuous  place  p°s,«d-eu- 
and    manner    at    its  .  place    of    business    in   the  English. 
German,    Dutch,    French,    and    Welsh    languages,    a  list 
of   prices    or   rates    of    fare    for    the    passage    of  em- 
igrant   passengers,    and    the    price    per    hundred  pounds 
for  transportation  of  their  luggage  to  the  principal  places  to 
which  the  proprietors  thereof  undertake  to  convey  such  passen- 
gers: and  shall  also  deliver  a  copy  of  such  list  to  the  commis- 


•is  I 


ISoOKl.Mi  IMMl'l  It  A  NT  IWSSfc.ViKltS. 


fit iketa  to  be  sioners  of  emigration:  and  any  person  or  company  who  sliall 
charge  or  receive,  or  allow  to  he  charged  or  received,  hy  any 
person  in  his  or  their  employment,  a  greater  amount  than  is 
specified  in  said  list  of  prices,  or  who  shall  defraud  any  emigrant 
in  the  weight  of  his  or  her  luggage,  or  who  shall  receive  money 
from  an.  emigrant  or  emigrants  for  their  passage  or  for  the 
transportation  of  their  luggage,  and  shall  refuse  or  neglect 
to  issue  to  the  person  or  persons  so  paying  their  fare,  or 
for  the  transportation  of  their  luggago,  a  ticket  which  -ehall 
stato  the  time  and  place  of  such  issue,  the  numher  of  persons 
so  paying,  the  distance  in  miles  to  the  place  to  which  fare 
is  received,  the  amount  so  received,  the  number  of  pounds 
of  baggage,  and  the  price  per  hundred  pounds  for  its  trans- 
portation ;  which  said  ticket  shall  he  signed  hy  the  person 
or  persons  in  whose  names  the  establishment  is  conducted,  and 
if  more  than  one  person  is  interested  in  the  concern  as  a  partner 
then  the  full  name  of  all  the  pensons  so  interested  in  said  concern 
shall  he  printed  or  written  on  the  ticket,  or  who  shall  issue  any 
ticket  directed  to  an  agent  without  lirst  having  made  arrange- 
ments with  some  responsihle  person  or  persons  to  act  as  his,  her 
or  their  agent,  or  who  shall  issue  a  ticket  so  as  aforesaid 
for  tho  passage  of  any  emigrant,  or  his  or  her  luggage,  which 
shall  not  he  promptly  redeemed  hy  the  agent  or  consignee,  ac- 
cording to  the  terms  pf  the  agreement,  as  set  forth  in  the  ticket, 
or  who  shall  in  any  way  fail  ur  neglect  to  fulfill  any  contract 
for  the  passage  of  any  emigrant,  or  for  the  transpor- 
tation of  any  luggage,  made  with  an  emigrant,  or  who  shall 
issue  to  any  person  hlank  receipts  signed  hy  him  or  them,  or 
who  shall  permit  his,  her  or  their  name  or  names  to  he  used  by 
any  other  person  or  persons  in  said  business  of  hooking  emigrant 
passengers  and  their  luggage,  or  taking  money  for  their  fare  or 
transportation  of  their  luggage,  shall,  together  with  all  other 
persons  concerned  in  the  violation  of  these  provisions,  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction,  be  punished 
by  confinement  in  the  city  prison  not  less  than  six  nor  more  than 

Pun  slum nt  for  twelve  months;  and  any  person  or  company  receiving  money  as 
aforesaid  for  the  passage  of  emigrants,  or  for  the  transporta- 
tion of  their  luggage,  without  such  office  and  license,  or  who 
shall  refuse  admission  as  aforesaid  to  such  office  or  place  of 
weighing  luggage  during  the  time  of  transacting  business  therein, 
or  who  shall  neglect  to  post  the  said  list  of  rates  as  aforesaid, 
or  who  shall  neglect  or  refuse  to  furnish  a  copy  thereof  as.afore- 
said,  or  who  shall  make  any  arrangement  or  engagement  with 
any  emigrant  for  his  passage  or  transportation,  or  any  runner 
or  agent  connected  with  or  employed  by  such  forwarding  es- 
tablishment   who  shall  make  such  engagement  or  arrange- 


KM  III  HA  NT  I'AttsKNUKIi  TICKETS.  ii85 

ment  without  delivering  to  every  such  emigrant  a  printed  card 
(in  the  language  of  the  country  to  which  .said  emigrant  may 
belong),  of  prices  or  rates  of  fare,  which  will  he  charged 
every  emigrant  for  his  passage  or  for  transportation  of  his  haggago 
or  effects  to  the,  principal  places  on  the  route,  which  he,  the'  said 
emigrant,  is  ahout  to  travel,  or  every  such  keeper  or  owner  or 
owners,or  runner  or  runners  connected  therewith, or  any  licensed 
emigrant  runner  or  runners  shall  he  deemed  guilty  of  a  misde- 
meanor, and  shall  upon  conviction  he  punished  hy  imprisonment 
in  the  county  prison  for  a  period  not  loss  than  three  nor  more 
than  six  months.  Licenses  under  this  section  may  ho  revoked 
for  cause;  and  no  person  shall  he  licensed  under  t  his  section  who 
is -not  of  good  moral  character  and  a  citizen  of  tho  United 
Statos.  ,  . 

§  2053.  Any  person  who  shall  sell,  or  cause  to  be  sold,  a  pas- 
sage  ticket,  or  order  for  such  ticket,  to  any  emigrant  passenger,  Belling  ticket*, 
at  a  higher  rate  than  one  and  a  quarter  cent  per  mile,  or  shall 
tako  pay  for  any  ticket,  or  order  for  a  ticket,  under  any  false 
representation  as  to  tho  class  of  said  ticket,  whether  emigrant 
or  first  class,  shall,  upon  conviction,  be  deemed  guilty  of  a  mis- 
demeanor, and  he  punished  by  a  fine  of  two  hundred  and  tlfty  dol- 
lars, and  imprisonment  in  the  county  jail  for  not  less  than  sixty 
days. 

§  2U54.  Any  person  who  shall,  directly  or  indirectly,  by  means  J^£ui«iMy 
of  false  representations,  purchase  or  receive  from  any  emigrant  obt*uS»ff*' 
passenger  any  passage  ticket,  or  who  shall  procure  or  solicit  any  *™npassen' 
such  passenger,  having  a  passage  ticket,  to  exchange  the  same 
for  any  other  passage  ticket,  or  to  sell  the  same  and  purchase 
some  other  passenger  ticket,  shall  be  deemed  guilty  of  a  misde-  • 
meanor,  and,  upon  conviction,  shall  be  punished  by  fine  and  im- 
prisonment. 

§  2055.  Any  person  who  shall  sell  or  dispose  of  any  ticket,  or  Ia  s;>- 

,       .      . .  i    x        ,  •  i  .  .,  Penalty  for 

order  for  ticket  or  tickets,  at  a  price  or  for  a  consideration  be-  tickets 

1  over  regular 

yonu  the  highest  price  advertised  for  tickets  by  the  company  ad-  }j!,£1sb£dver"  ■ 
vertising  at  the  highest  price,  published  according  to  the  provis-  company. 
ions  of  law,  shall  be,  upon  conviction  thereof  in  any  of  the  courts 
of  this  State,  deemed  guilty  of  a  misdemeanor,  and  imprisoned 
therefor  in  one  of  the  prisons  of  this  State  for  a  term  not  ex- 
ceeding two  years. 

£  205G.  It  shall  not  be  lawful  for  any  railroad  company,  or  for  com^im?*1' 
any  agent,  employe,  or  other  officer  of  any  railroad  company,  or  for  oMJcvef&rto*10 
any  other  person,  to  sell,  offer  for  sale,  or  otherwise  dispose  of  iran,ierant3- 
any  ticket  or  tickets,  or  written  or  printed  instruments,  or  in- 
struments partly  written  and  partly  printed,  for  the  transporta- 
tion or  conveyance  on  or  by  any  railroad  or  steamboat  of  any 
immigrant  or  deck  or  steerage  or  second-class  passenger,  arriving 


r,8f, 


TRANSPORTATION  OF  EMIGRANT  PASSENGERS. 


Railroad  com- 
panies may  sell 
tickets  to 
j  1 1 J 1 1 1 ,  -  r  .i  i . ' 


RallfVWl  nRcnt 
to  soil  tickets 
to  Immigrants, 


Agents  euiltv 
M  fraud,  etc. 


1888,  CD.  7P8,  j2, 
Conip.  1097. 
JYococdinRS  in 
cases  of  arrests 
under  this  title. 


Depositions  to 
be  taken. 


May  be  read  on 
trial  of  accused 
parties. 


at  the  port  of  New  York  from  a  foreign  country,  at  any  place 
or  places  in  the  city  of  New  York,  except  such  as  may  be  desig- 
nated by  the  commissioners  of  emigration;  which  place  or  places 
may,  from  time  to  time,  as  they  may  deem  best,  be  changed  by 
the  said  commissioners;  provided,  however,  that  nothing  herein 
contained  shall  prevent  any  railroad  company  from  Helling  tickets 
to  any  persons  at  the  rates  of  fare  charged  for  first-class  passen- 
gers, nor  from  selling  tickets  at  the  principal  ticket  offices  of 
such  company  to  immigrants  and  other  second-class  passengers, 
provided  that  such  company  has  at  the  same  time  an  agent  who 
shall  sell  tickets  at  the  place  designated  by  the  said  commis- 
sioners for  selling  tickets  to  immigrants.  The  commissioners  of 
emigration  shall  furnish  every  railroad  company  of  this  State 
desiring  it  the  privilege  to  have  an  agent  at  each  and  every  place 
so  designated  by  them  to  sell  ,  tickets  to  immigrants  and  other 
second-class  passengers;  but  if  any  such  agent  shall  he  found  by 
said  commissioners  to  have  been  guilty  at  any  time,  while  acting 
as  an  agent,  of  defrauding  emigrants,  or  of  any  other  wrongful 
or  disgraceful  conduct,  they  shall  exclude  such  agent,  and  it 
shall  be  the  duty  of  the  railroad  company  to  appoint  another 
agent  in  his  place. 

§  2057.  Whenever  any  person  or  persons  may  be  complained 
of  and  arrested  for  violating  any  of  the  provisions  of  this  title,  it 
shall  be  the  duty  of  the  magistrate  before  whom  such  complaint 
is  made  to  take  and  reduce  to  writing,  in  the  presence  of  the 
person  or  persons  complained  of.  the  evidence  of  any  witness 
which  may  be  offered,  either  on  behalf  of  the  prosecution  or  of 
the  person  complained  of.  allowing  the  opposing  party  an  op- 
portunity to  cross-examine  the  witness,  and  the  depositions  so 
taken  shall  be  subscribed  respectively  by  the  witnesses  making 
the  same,  and  certified  by  the  magistrate;  and  when  so  taken  and 
certified,  the  said  depositions  shall  be  filed  in  the  office  of  the  clerk 
of  the  court  of  oyer  and  terminer,  in  and  for  the  city  and  county 
of  New  York;  and  upon  the  trial  of  any  party  accused,  in  whose 
presence  any  such  deposition  shall  have  been  taken  upon  any 
complaint  or  charge  made  against  him,  relative  to  the  same 
transaction,  such  deposition  may  be  read  by  either  party  with 
the  same  effect  as  if  the  same  witness  were  sworn  and  his  testi- 
mony taken  in  open  court  upon  such  trial;  provided  it  shall  ap- 
pear thereby  that  the  witness,  at  the  time  the  deposition  was 
taken,  was  a  resident  of  this  State,  on  his  way  to  some  other 
State,  territory,  province,  or  country,  or  a  resident  of  another 
State,  territory,  or  province,  or  an  immigrant  from  a  foreign 
country;  and  provided  further,  that  it  shall  not  be  shown  to  the 
court  that  the  witness,  at  the  time  of  the  trial,  is  within  its  ju- 
risdiction, 


TRANSPORTATION  OF  EMIGRANT  PASSENGERS. 


t.SV 


si  2ujS.  Any  person  violating  any  provision  ol  ttoe  two  pro-  u.f* 
cedmtr  sections  shall  be  deenn-d  guilt  v  ot  a  misdemeanor,  and  n.-ti..i... 

,  .  ,         ili-i'iiiMii  a  mh- 

shall,  upon  conviction,  bo  punished  by  a  lino  of  not  less  than  .i.-m.-unor 

three  hundred  and  not  more  than  one  thousand  dollars,  or  by 
imprisonment  of  not  LeSfl  than  three  months,  or  by  both  said  fine 
and  imprisonment . 

§  2059.  It  shall  be  the  duty  of  all  companies,  associations,  aSpriw. 
and  persons,  undertaking  to  transport  or  convey,  or  engaged  in  bSf^wST610 
transporting  or  conveying,  by  railroad,  steamboat,  canal  boat,  or  ^"i^cS'sro. 
propeller,  any  immigrant,  second-class,  steerage  or  deck  passen 
gor  from  the  city,  bay  or  harhor  of  New  York  to  any  point  or 
place  distant  more  than  ten  miles  therefrom,  to  deliver  to  the 
mayor  of  the  city  of  New  York,  and  to  the  commissioners  of 
emigration,  on  or  before  the  first  day  of  April  in  each  and  every 
year,  a,  written  or  printed  statement  of  the  price  or  rates  of  fare 
to  be  charged  by  such  company,  association,  or  person,  for  the 
conveyance  of  such  immigrant,  second-class,  steerage,  and  deck 
passengers  respectively,  and  the  price  per  hundred  pounds  for  the 
carriage  of  the  luggage,  and  the  weight  of  luggage  to  be  carried 
free  of  such  passengers  from  and  to  each  and  every  place,  from 
and  to  which  any  such  company,  association,  or  person  shall 
undertake  to  transport  and  convey  such  passengers ;  and  such 
prices  or  rates  shall  not  exceed  the  prices  and  rates  charged  by 
the  company,  association,  or  person,  after  the  time  of  delivering 
such  statement  to  the  said  mayor;  and  such  statement  shall  also 
contain  a  particular  description  of  the  mode  and  route  by  which 
such  passengers  are  to  be  transported  and  conveyed,  specifying 
whether  it  is  to  be  by  railroad,  steamboat,  canal  boat,  or  pro- 
peller, and  what  part  of  the  route  is  by  each,  and  also  the  class 
of  passage,  whether  by  immigrant  trains,  second-class,  steerage 
or  deck  passage.  In  case  such  companies,  association,  or  person, 
shall  desire  thereafter  to  make  any  change  or  alteration  in  the 
rates  or  prices  of  such  transportation  and  conveyance,  the}'  shall 
deliver  to  the  said  mayor  a  similar  statement  of  the  prices  and 
rates  as  altered  and  changed  by  them;  but  the  rates  and  prices 
so  changed  and  altered  shall  not  be  charged  or  received  until  five 
days  after  the  delivery  of  the  statement  thereof  to  the  said 
mayor. 

§  2060.  Every  ticket,  receipt,  or  certificate  which  shall  be  iw, 

■  Comp.  1890. 

made  or  issued  by  any  company,  association,  or  person,  for  the 
conveyance  of  any  immigrant,  second  class,  steerage,  or  deck 
passengers,  or  as  evidence  of  their  having  paid  for  a  passage,  or 
being  entitled  to  be  conveyed  from  said  city,  bay  or  harbor  to 
any  other  place  or  places,  shall  contain,  or  have  indorsed  there- 
on, a  printed  statement  of  the  names  of  the  particular  railroad, 
or  railroads,  and  of  the  line  or  lines  of  steamboats,  canal 


C88 


TRANSPORTATION  OF  EMIGRANT  PASSENGERS. 


boats,  and  propellers,  or  of  the  particular  boats  or  propeller."?,  as 
the  case  may  be,  wbich  are  to  be  used  in  tbe  transportation  and 
conveyance  of  such  passengers,  and  also  the  price  or  rate  of  faro 
charged  or  received  for  tbe  transportation  and  conveyance  of 
any  such  passenger  or  passengers  with  his  or  their  luggage. 

§  2061.  It  shall  not  be  lawful  for  any  person  or  persons  to 
demand  or  receive  or  bargain  for  the  receipt  of  any  greater 
or  higher  price  or  rate  of  fare  for  the  transportation  and  con- 
veyance of  any  such  immigrant,  second  class,  steerage  or 
deck  passengers  with  their  luggage,  or  eitber,  from  said 
city,  bay  or  harbor  to  any  other  point  or  place,  than  tbe 
prices  ox  rates  contained  in  tbe  statements  which  shall  be 
delivered  to  the  mayor,  and  said  commissioners,  as  in 
section  two  thousand  and  fifty-nine  provided  for,  or  the 
price  or  rates  which  shall  be  established  and  fixed  for  the 
transportation  and  conveyance  of  such  passengers  and  their 
luggage,  or  either,  by  the  proprietors  or  agents  of  the  line  or 
lines,  or  means  of  conveyance,  by  which  such  passenger  or  pas- 
sengers and  their  luggage  are  to  be  transported  or  conveyed.  In 
all  cases  each  immigrant  over  four  years  of  age  conveyed  by 
railroad  shall  be  furnished  with  a  scat  with  permanent  back  to 
the  same,  and  when  conveyed  by  steamboat,  propeller,  or  canal 
boat,  shall  be  allowed  at  least  two  and  one-half  feet  square  in 
the  clear  on  deck.  Such  deck  shall  be  covered  and  made  water- 
tight over  head,  and  shall  be  properly  protected  at  the  outsides, 
t  either  by  curtains  or  partitions,  and  shall  be  properly  ventilated. 

§  2002.  Any  company,  association,  person  or  persons  violat- 
ing or  neglecting  to  comply  with  any  of  the  provisions  of  sec^ 
tions  two  thousand  and  fifty  nine  or  two  thousand  and  sixty 
shall  be  liable  to  a  penalty  of  two  hundred  and  fifty  dollars  for 
each  and  every  offense,  to  be  sued  for  and  recovered  in  the  name 
of  the  people  of  this  State;  and  every  person  violating  any  of  the 
provisions  of  section  two  thousand  and  sixty-one  shall  be  deemed 
guilty  of  misdemeanor,  and  on  conviction  thereof  the  person  of- 
fending may  be  punished  by  a  fine  of  two  hundred  and  fifty  dol- 
lars, or  by  imprisonment  not  exceeding  one  year,  or  by  both  fine 
and  imprisonment,  in  the  discretion  of  the  court;  one-half  of 
which  fines,  when  recovered,  shall  be  paid  to  tbe  informer,  and 
the  other  half  into  the  county  treasury  where  the  action  shall  be 
tried  or  tbe  conviction  had. 
comp.iwjf'  '  §  2063.  It  shall  be  the  duty  of  every  magistrate  who  shall  is- 
sue a  warrant  for  the  apprehension  of  any  person  or  persons  for 
violating  the  provisions  of  section  two  thousand  and  sixty-one, 
within  twenty-four  hours  after  such  person  or  persons  shall 
have  been  taken  and  brought  before  him,  to  take  the  testimony 
of  any  witness  who  may  be  offered  to  prove  the  offense  charged, 


INVESTIGATION  OK  VIOLATIONS  OF  PROVISIONS.  689 

in  the  presence  of  the  accused,  who  may,  in  perso^Pbr  by  coun- 
sel, cross-examine  such  witness.  The  testimony  so  taken  shall 
be  signed  by  the  witness,  and  he  certified  by  the  magistrate,  and 
in  case  such  magistrate  shall  commit  the  accused  to  answer  tin1 
charge  he  shall  immediately  thereafter  file  the  testimony  so 
taken  with  the  district  attorney  of  the  county  in  which  the 
offense  was  committed,  to  be  used  on  the  trial  of  or  on  any 
further  proceedings  against  the  accused;  and  the  testimony  so 
taken  shall  he  deemed  valid  and  competent  for  that  purpose, 
and  be  read  and  used  with  the  like  effect  as  if  such  witness 
were  orally  examined  on  such  trial  or  proceedings.  After  the 
testimony  of  any  witness  shall  be  so  taken  he  shall  not  be  de- 
tained, nor  be  imprisoned,  or  compelled  to  give  any  recognizance 
for  his  future  appearance  as  a  witness  on  any  trial  or  proceeding 
thereafter  to  be  had  in  the  premises. 

£  2064.  It  shall  he  the  duty  of  all  captains,  owners,  agents  com,',''i«:  s1, 
and  consignees  of  all  shii)s  or  vessels  arriving  at  the  port  of  E£X¥!?j!e 

<->  '  o  i  cared  for  by 

New  York,  having  as  a  passenger  any  lunatic,  idiot,  deaf,  dumb,  fflrofidii 
blind,  maimed,  infirm,  or  sick  indigent  person,  or  persons  above 
the  ago  of  sixty  years,  to  keep,  provide  and  care  for  such  person 
in  a  proper  manner  on  hoard  of  such  ship  or  vessel,  at  the  ex- 
pense of  such  captain,  owner,  agent  or  consignee,  until  such 
person  shall  have  been  delivered  over  to  and  placed  under  the 
care  of  the  commissioners  of  emigration.  Any  person  violating 
this  section  shall  be  liable  to  a  penalty  of  five  hundred  dollars 
for  each  and  every  such  violation,  to  he  sued  for  by  the  commis- 
sioners of  emigration. 

£  20G5.  Each  commissoner  of  emigration  shall  have  power  to  w.  I* 
administer  an  oath  to  and  examine  under  oath  any  witness  re-  m!'s^i. 
speeting  any  complaint  made  by  any  person  relative  to  the  ship  Examinattoii 
in  which  any  passenger  was  brought  to  the  United  States,  or  the  ri\Mi™T>'*' 
treatment  of  any  passenger  during  the  voyage,  or  the  food  or  !7e,V"^r1a,;ltsc  • 
drink  furnished  to  any  passenger  on  the  voyage,  or  the  death  on 
the  voyage  of  any  passenger,  hut  to  entitle  the  same  to  he  read  impositions  to 
upon  the  trial  of  any  person  accused  of  any  crime  or  olfense,  writtatr.  to 
such  examination  shall  he  made  in  the  presence  of  the  person 
complained  of,  who  shall  have  a  right  to  cross-examine  every 
such  witness.    Such  commissioner  shall  cause  such  testimony 
to  be  reduced  to  writing  before  him,  and  shall  sign  and  certify 
the  same,  and  shall  deliver  such  depositions,  so  signed  and  certi- 
fied, to  the  clerk  of  the  county  of  New  York,  who  shall  file  the 
same  of  record  in  his  office,  and  shall  enter  a  docket  or  minute 
of  such  filing,  on  payment  of  a  fee  of  one  dollar.   The  said  clerk  fm. 
shall  deliver  a  certified  copy  of  such  deposition  to  any  person  ap- 
plying for  the  same,  upon  payment  of  a  fee  of  twenty-five  cents 


ICKLATI.V.  T(j  1M.MK. HANTS. 


1*58,  ch,  R-'.T, 
C'omp.  16:)0. 
Notice  to 
owners  of  ves- 
Hcls,  before 
t  ikint;  testi- 
mony. 


ch.  RT)T.  J4, 
Coin  p.  ItilMi. 
Depositions,  or 
crrtiih'd  copies 
thereof,  I"  be 
evidence  in 
certain  actions. 


J86t,  ch.  887,  51. 
C'omp.  107G. 
Sale  of  un 
claimed  bag- 
fCRc. 


advertisement, 


Deposit  of 
funds. 


fin-  sucli  cfi-i41ciii',  ami  of  fivo  cents  for  every  folio  of  one  hun- 
dred words  therein  contained. 

§  2066.  Before  taking  such  testimony,  such  commissioners 
shall  cause  at  least  six  hours'  written  notice  thereof  to  the  said 
vessel,  her  owners,  master  or  charterers,  to  he  served  on  (lit 
owners  personally,  or  on  the  master  personally,  or  by  handing  a 
true  copy  thereof  to  the  person  found  in  charge  of  such  vessel. 
The  said  notice,  with  an  affidavit  of  service,  which  may 
he  made  before  such  commissioner,  shall  be  attached  to  the 
deposition;  but  such  notice  need  not  name  the  owner,  master  or 
charterer,  and  such  owner,  master  or  charterer,  or  their  agent, 
may  cross-examine  said  wit ness;  but  no  examination  shall  be 
ad  journed  for  more  than  twenty-four  hours,  unless  by  reason  of 
sickness  of  such  witness. 

;:'  l'oiIT.  Such  deposition  and  certified  copies  thereof  shall  be 
evidence  in  any  action  then  or  thereafter  [tending  between  any 
of  the  passengers  on  such  voyages  and  the  said  ship,  or  her 
owners,  master  or  charterers,  victualing,  manning  and  navigat- 
ing her  for  such  voyage,  upon  any  claim  involving  the  facts 
therein  testified  to. 

?  "JOGS.  The  commissioners  of  emigration  are  authorized  and 
required  to  sell  at  public  auction,  to  the  highest' bidder,  all  un- 
claimed baggage,  goods,  or  other  personal  property  of  emigrant 
passengers  arriving  in  vessels  at  the  port  of  New  York,  one  year 
after  the  same  shall  have  c<  me  into  their  possession,  provided 
the  sale  shall  be  advertised  with  a  full  description  of  said  bag- 
gage, goods,  or  other  personal  property,  together  with  the  time 
and  place  of  said  sale,  for  the  period  of  four  weeks,  in  at  least 
two  daily  papers,  published  in  the  city  of  New  York;  and  the 
cost  of  such  advertising  and  sale,  and  the  necessary  expenses 
incident  thereto,  shall  be  a  lien  on  said  baggage,  goods  or  other 
personal  property.  The  proceeds  of  such  sales,  after  deducting 
the  costs  and  'expenses  as  aforesaid,  shall  be  deposited  in  the 
New  York  Life  and  Trust  Company,  subject  to  the  claim  of  the 
rightful  owner,  for  the  term  of  two  years;  and  after  then  shall 
be  applied  to  the  legitimate  uses  of  the  commissioners  of  emi- 
gration, less  the  costs  and  expenses. 


bailors'  uoardino  nor b I 


691 


•  CHAPTER  XXVI. 
Protection  of  Sailors. 

§  2000.  It  shall  not  bo  lawful  for  any  person,  except  a  pilot  c^p^e1!*1,  il 
or  public  officer,  to  board,  or  attempt  to  board,  a  vessel  arriving 
in  the  port  or  harbor  of  New  York  before  such  vessel  shall  have  ,\7i"ar'i: 
been  made  fast  to  the  wharf  without  first  obtaining  leave  from  v,'ss"1 
the  master  or  person  having  charge  of  such  vessel,  or  leave  in 
writing  from  her  owners  or  agents. 

«  'JOTO.  It  shall  not  be  lawful  for  any  owner,  agent,  master  '  '  v; 

■  J  >  »     o        '  In  what  ms^n 

or  other  person  having  charge  of  any  vessel  arriving  or  being  in  J|tc8nottog«T6 
the  port  of  New.  York  to  permit  or  authorize  any  sailors'  hotel  wn«ent 
or  boarding-house  keeper  not  licensed  as  hereinafter  provided, 
or  any  agent,  runner  or  employee  of  any  sailors'  hotel  or  board- 
ing-house keeper  to  board  or  attempt  to  board  any  vessel  arriv- 
ing in  or  lying  or  being  in  the  harbor  or  port  of  New  York, 
before  such  vessel  shall  have  been  made  fast  to  the  wharf  or 
anchored,  with  intent  to  invite,  ask  or  solicit  the  boarding  of 
any  of  the  crew  employed  on  such  vessel. 

§  2071.  It  shall  not  be  lawful  for  any  sailors'  hotel  or  sailors  atamended 
boarding-house  keeper,  or  the  employees  of  any  sailors'  hotel  or  lepers  .T  "' 
board ingdiouse  keeper,  to  engage  in  the  business  of  shipping  *;'!'''',">; !',;'  Iv 
seamen  for  any  vessel,  nor  for  any  such  person  having  boarded  *ip seamen, 
any  vessel  made  fast  to  any  wharf  in  the  port  of  New  York  to 
neglect  or  refuse  to  leave  said  vessel  after  having  been  ordered 
so  to  do  by  the  master  or  person  having  charge  of  such  vessel. 

*  £072.  It  shall  not  be  lawful  for  anv  person  to  keep,  con-  Id  §4- 

1  .  r'  License  for 

duct  or  carry  on,  either  as  owner,  proprietor,  agent  or  other  Bailors' board 

*         *  ,  "    r      r  »     o  lns-  houses, 

wise,  any  sailors'  boarding-house  or  sailors'  hotel  in  the  city  of  " 
New  York,  without  having  the  license  in  this  chapter  provided. 

§  2073.  It  shall  not  be  lawful  for  any  person  not  having  the  ptrionsnot 
license  in  this  chapter  provided,  or  not  being  the  regular  agent,  b'fdde^ofro" 
runner  or  employee  of  a  person  having  such  a  license,  to  invite,  0'f '4^' '' : 
ask  or  solicit,  in  the  city  or  harbor  of  New  York,  the  boarding 
or  lodging  of  any  of  the  crew  employed  on  any  vessel. 

§  2074.  There  is  created  a  board  denominated  a  board  of  ^amended 
commissioners  for  licensing  sailors'  hotels  or  boarding-houses  in  comp\Voo.' 
the  city  of  New  York,  cox:sisting  of  one  person  selected  by  each  etclouce^ls' 
of  the  following  corporate  bodies  or  associations,  respectively,  °r 
to  wit  :  The  Chamber  of  Commerce  of  the  State  of  New  York  ; 
the  American  Seamen's  Friend  Societv,  in  New  York  ;  the  New 


692 


swi.OKs    HOARDING  HOl'SFS. 


Id.  J7. 

Tiicir  dlltlM. 


1<WC,  ch.  SH, 
Comp.  1700. 

Revocation  of 

1  CCDKIV 


Id.  59. 

License  fees, 
how  to  bo 
applied. 


Statement  of 
licenses 


Id.  §10. 
President  of 
board,  etc. 

By-laws. 


I  I.  f  11. 

cjmp.  mm. 

Badges  to  be 
furnished  by 
board. 


Fork  Board  of  Underwriters  ;  the  Marine  Society  of  Now  York; 
the  Society  for  Promoting  the  CJospel  among  Seamen  in  the 
Port  of  New  York  ;  and  the  Shipowners'  Association  of  the 
State  of  New  York. 

2075.  Such  hoard  shall  take  the  application  of  any  .per- 
son applying  for  a  license  to  keep  a  sailors'  hoarding-house,  or 
sailors'  hotel,  in  the  city  of  New  York,  and  upon  satisfactory 
evidence  to  them  of  the  respectability  and  competency  of  such 
applicant,  and  of  the  suitahlciifss  of  his  accommodations,  shall 
issue  to  him  a  license,  which  shall  he  good  for  one  year,  unless 
sooner  revoked  by  said  board,  to  keep  a  sailors'  boarding-house 
in  the  city,  and  to  invite  and  solicit  boarders  for  the  same. 

§  2070.  Such  board  may,  upon  satisfactory  evidence  of  the 
disorderly  character*  of  any  sailors'  hotel  or  boarding-house, 
licensed  as  hereinbefore  provided,  or  of  the  keeper  or  proprietor 
of  any  such  house,  or  of  any  force,  fraud,  deceit  or  misrepresen- 
tation in  inviting  or  soliciting  boarders  or  lodgers  for  such  house, 
on  the  part  of  such  keeper  or  proprietor,  or  of  any  of  his  agents, 
runners  or  employees,  or  of  any  attempt  to  persuade  or  entice 
any  of  the  crew  to  desert  from  any  vessel  in  the  harbor  of  New 
York,  by  such  keeper  or  proprietor,  or  any  of  his  agents,  run- 
ners or  employees,  revoke  the  license  for  keeping  such  house. 

§  2077.  Every  person  receiving  the  license  hereinbefore  pro- 
vided for,  shall  pay  to  the  board  of  commissioners  aforesaid  the 
sum  of  twenty  dollars,  which,  after  deducting  the  actual  ex- 
penses of  said  board  incurred  in  the  transaction  of  the  business, 
which  expenses  shall  not  exceed  the  sum  of  fifteen  hundred  dol- 
lars, shall  be  by  them  applied  for  the  relief  of  shipwrecked  and 
destitute  seamen.  Said  board  shall  file  on  the  second  Monday  of 
January  of  each  year,  in  the  office  of  the  clerk  of  the  city  and 
county  of  New  York,  a  statement  showing  the  number  of 
licenses  issued,  the  names  of  persons  to  whom  issued,  with 
name  and  number  of  the  street  or  house  licensed  during  the  year 
preceding,  the  amount  of  money  received  therefor,  the  amount 
and  items  of  their  disbursements,  and  the  amount  distributed 
by  them  as  hereinbefore  directed. 

§  207S.  The  said  board  shall  appoint  a  president  and  secre- 
tary, and  shall  keep  an  office  in  the  city  of  New  Y'ork,  and 
make  such  by-laws  and  regulations  as  may  be  needful  for  the 
orderly  conduct  of  its  business,  not  inconsistent  with  the  Con- 
stitution and  laws  of  this  State. 

§  2079.  The  said  board  shall  furnish  to  each  sailors*  hotel  or 
boarding-house  keeper,  licensed  by  them  as  aforesaid,  one  or 
more  badges  or  shields,  on  wrhich  shall  be  printed  or  engraved 
the  name  of  such  hotel  or  boarding-house  keeper,  and  the  num- 
ber and  street  of  his  hotel  or  boarding-house  ;  and  which  said 


PAY  MKNTS  TO  SF.AMK.n's  KI  ND  AM)  RKTKF.AT. 


693 


badges  or  shields  shall  be  surrendered  to  said  hoard  upon  the 
revocation  by  them  or  expiration  <>f  any  license  granted  by  them 
as  herein  provided. 

§  20S0.  Every  sailors'  hotel  or  boarding-house  keeper,  and  w.|» 
every  agent,  runner,  or  employee  of  such  hotel  or  boarding-  spicuoiuiy, 
house  keepers,  when  boarding  any  vessel  in  the  harbor  of  New 
York,  or  when  inviting  or  soliciting  the  boarding  or  lodging  of 
any  seaman,  sailor,  or  person  employed  on  any  vessel,  shall 
wear  conspicuously  displayed  Ibe  shield  or  badge  referred  to  in 
the  foregoing  section. 

§  2081.  It  shall  not  bo  lawful  for  any  person,  except  those  1,1  <1S 
named  in  the  preceding  section,  to  have,  wear,  exhibit  or  dis- 
play any  such  shield  or  badge  to  any  of  the  crew  employed  on 
any  vessel  with  the  intent  to  invite,  ask  oj'  solicit  the  boarding 
or  lodging  of  any  of  the  crew  employed  on  any  vessel  being  in 
the  harbor  of  New  York. 

§  2032.  Whoever  shall  offend  against  any  or  either  of  the  ^J^,^ 
provisions  contained  in  sections  two  thousand  and  sixty-nine  ^fuSmct 
to    two    thousand    and    seventy-three,    inclusive,    or     two  thto tiUe' 
thousand  and  eighty  or  two  thousand  and  eighty-one,  of  this 
act,  and  any  commissioner  appointed  under  this  chapter,  who 
shall  directly  or  indirectly  receive  any  gratuity  or  reward, 
other  than  as  herein  provided  for,  or  on  account  of  any  license 
under  this  chapter,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction  thereof,  be  punished  by  imprison- 
ment in  a  county  jail  for  a  term  not  exceeding  one  year,  and  not 
less  than  thirty  days,  or  by  a  fine  not  exceeding  two  hundred 
and  fifty  dollars,  and  not  less  than  one  hundred  dollars,  or  by 
both  such  fine  and  imprisonment.  im  ch  m 

§  20S3.  The  word  ''vessel,"  as  used  in  this  chapter,  shall  in-  l»/coitf!ftm. 

What  11  vessel ' 1 

elude  vessels  propelled  by  steam.  .  includes. 

§  20S4.  The  president  of  the  trustees  of  the  Seamen's  Fund  e^p.^™9,51 
and  Retreat  in  the  city  of  New  York  shall  demand  and  be  en- 
titled to  receive,  and  in  case  of  neglect  or  refusal  to  pay,  shall, 
in  the  name  of  the  people  of  the  State  of  New  York,  sue  for  and 
recover  the  following  sums  from  either  the  owner  or  owners, 
or  from  the  master,  or  from  both  the  owner  or  owners  and  master, 
of  every  vessel  from  a  foreign  port;  for  the  master  one  dollar  and 
fifty  cents;  for  each  mate,  sailor,  or  mariner,  one  dollar.  Second, 
from  the  master  of  each  coasting  vessel,  from  each  person  on 
board  composing  the  crew  of  such  vessel,  twenty-five  cents;  but 
no  coasting  vessel  from  the  State  of  New  Jersey,  Connecticut 
or  Rhode  Island  shall  pay  for  more  than  one  voyage  in  each 
month,  computing  from  the  first  voyage  in  each  year.  And 
the  said  president  may  sue  for  the  penalties  imposed  by  law 
on  masters  of  coasting  vessels  for  non-payment  of  hospital 
monev. 


• 


694 


HOAKD  OF  PORT  WARDENS. 


CHAPTER  XXVII 
The  Port-Wahdkns. 


1858,  ch.  40.'.,  |1 
Conip.  lTOy. 
Board  of 
wardens. 
17  N.  V.  141. 


Removal 


Id.  $2. 
Becretnrv 
17  X.  Y.  Ml 


§  2085.  There  is  established  a  board  of  wardens  for  the  port 
of  New  York,  which  shall  be  called  and  known  by  the  name  and 
title  of  "the  Port  Wardens  of  the  Port  of  New  York,"  and  shall 
be  composed  of  nine  members,  one  of  whom  shall  be  a  resident 
of  the  city  of  Brooklyn,  three  of  whom  shall  be  nautical  men, 
who  shall  be  nominated,  and,  by  and  with  the  advice  and  con- 
sent of  the  senate,  appointed  by  the  governor;  and  they  shall 
anually  elect  one  of  their  number  president,  mid  another  vice- 
president.  All  appointments  of  port-wardens  shall  be  for  the 
term  of  three  years,  except  that  any  vacancy  shall  be  filled  for 
the  residue  of  the  unexpired  term;  said  wardens  shall  hold  their 
offices  until  their  successors  shall  be  appointed  and  duly  quali- 
fied. Any  warden  may  be  removed  for  misconduct  or  neglect 
of  duty,  at  the  discretion  of  the  governor,  and  any  warden  neg- 
lecting or  refusing  to  perform  the  duties  of  his  office,  or  violat- 
ing the  regulations  of  the  board,  after  due  notice  from  the  board, 
shall  be  liable  to  suspension  by  the  vote  of  a  majority  of  the  whole 
board,  and  during  such  suspension  said  warden  shall  not  be  en- 
titled to  participate  in  the  pay  and  emoluments  of  said  office 
unless  reinstated  by  the  governor,  by  and  before  whom  an  ap- 
peal shall  be  heard  and  decided. 

§  20S6.  The  said  board  shall  have  power  to  appoint  a  secre- 
tary and  fix  his  compensation,  who  shall  hold  his  office  during 
the  pleasure  of  the  board,  said  compensation  to  be  paid  out  of 
the  receipts  of  the  office.  It  shall  be  the  duty  of  the  secretary 
to  keep,  in  such  books  as  shall  be  provided  for  the  purpose,  a 
full,  true  and  complete  record  of  all  their  acts,  proceedings,  sur^ 
veys  and  reports,  and  such  books  shall  be  open  to  the  public  in- 
spection of  any  person  interested  therein;  and  the  said  board  of 
wardens  shall  have  and  use  a  common  seal,  and  each  warden 
shall  have  full  power  and  authority  to  administer  oaths,  exam- 
ine witnesses  and  take  affidavits  concerning  the  business  of  said 
office;  and  all  willful  false  swearing  under  such  oaths  shall  be 
deemed  perjury  and  punished  accordingly;  and  the  said  board 
shall  also  have  full  power  to  make  such  rules  and  regulations  for 
their  own  government  and  the  discharge  of  their  duties  under 
this  chapter  as  they  may  deem  necessary  and  proper.  They  shall 
keep  an  office  in  the  city  of  New  York,  at  which  office  a  major- 


ItuAKU  uK  1'UltT  WARDEN'S, 


ity  of  them  and  their  secretary  shall  give  attendance  daily  (Sun- 
days and  public  holidays  excepted),  and  shall  have  the  exclusive 
right  to  perform  all  the  duties  of  port-wardens  of  the  port  of  New 
York  specified  in  this  chapter. 

£  2087.  It  shall  be  the  duty  of  said  board  or  someone  of  them,  J.',,*},  1710 
on  being  notified  and  requested  by  any  of  the  parties  interested, 
to  proceed  in  person  on  board  of  any  vessel  for  the  purpose  of  kn.  y,  ui 
examining  the  condition  and  stowage  of  cargo,  and  if  there  bo 
my  goods  damaged  on  board  said  vessel,  they  sha^  inquire,  ex- 
amine, and  ascertain  the  cause  or  causes  of  such  damage,  and 
make  a  memorandum  thereof,  and  enter  the  same  in  full  upon 
the  books  of  the  office,  and  if  after  the  arrival  in  port  of  any 
vessel  the  hatches  shall  be  first  opened  by  any  person  not  a  port- 
warden,  and  the  cargo  or  any  part  thereof  shall  come  from  on 
ship-board  in  a  damaged  condition,  these  facts  shall  be  presump- 
tive evidence  that  such  damage  occurred  in  consequence  of  im- 
proper stowage  or  negligence  on  the  part  of  the  porsons  in  charge 
of  the  vessel,  and  such  default  shall  be  chargeable  to  the  owner, 
consignee,  master  or  other  person  in  interest  (as  part  owner  or 
master)  of  said  vessel,  each  and  all  of  whom  shall  be  primarily 
liable  for  such  damage.  And  the  said  board  shall  be  exclusive 
surveyors  of  any  vessel  which  may  have  sufferod  wreck  or  dam- 
age, or  which  shall  be  deemed  unfit  to  proceed  to  sea,  and  shall  ex- 
amine the  condition  of  the  hull,  spars,  sails,  rigging,  and  all  appur- 
tenances thereof,  and  they  shall  call  to  their  assistance  one  or  more 
carpenters,  sail-makers,  riggers,  ship-wrights,  or  other  person 
skilled  in  his  profession,  to  aid  them  in  their  examination  and 
survey,  provided  such  person  shall  not  be  interested  therein;  and 
all  parties  so  called  shall  be  sworn,  and  shall  each  be  allowed  a 
fee  of  two  dollars,  to  be  paid  by  the  persons  requiring  said  ex- 
amination. The  said  wardens  shall  specify  what  damage  has 
occurred  and  record  in  the  books  of  said  office  a  full  and  particu- 
lar account  of  all  surveys  held  on  said  vessel;  they  shall  also  be 
the  judges  of  the  repairs  necessary  to  render  said  vessel  again 
seaworthy,  or  for  the  safety  of  said  vessel  and  cargo  on  the  in- 
tended voyage.  They  shall  also  have  exclusive  cognizance  of  all 
matters  relating  to  the  surveys  of  vessels  and  their  cargoes  arriving 
at  the  port  of  New  York  in  distress,  or  damaged  in  said  port  of 
New  York,  and  shall  be  the  judges  of  its  fitness  to  be  reshipped 
to  its  port  of  destination,  or  whether  it  shall  be  sold  for  the 
benefit  of  whom  it  may  concern;  they  shall  also,  if  called  upon 
so  to  do,  estimate  the  value  or  measurement  of  any  vessel  when 
the  same  is  in  dispute  or  libeled,  and  record  the  same  in  the 
books  of  said  office. 

§  2088.  It  shall  be  the  duty  of  said  board,  or  some  one  of 
them,  on  being  notified  and  requested  so  to  do  by  any  of  the 


W>  BOARD  OK  PORT  W AKOENS. 

goJuJ***1  parties  in  interest,  to  proceed  in  person  to  any  warehouse,  store 
or  dwelling,  or  in  the  public  streets,  or  on  the  wharf,  and  exam- 
ine any  merchandize,  vessels'  materials,  or  other  property  said 
to  have  heen  damaged  on  hoard  of  any  vessel,  and  inquire,  ex- 
amine and  ascertain  the  cause  or  causes  of  such  damage,  and 
make  a  memorandum  thereof  of  such  property,  and  record  in 
the  hooks  of  said  office  a  full  and  complete  statement  thereof; 
and  it  shall  he  the  duty  of  the  said  hoard,  when  so  requested,  to 
furnish  a  cer^ficate  of  any  record  in  the  hooks  of  said  office  to 
any  party  interested  therein,  upon  their  paying  to  the  said  hoard 
the  regular  fee  for  said  certificate.  All  certificates  issued  shall  he 
under  the  seal  of  said  office,  and  signed  by  the  president,  or  vice- 
president  and  secretary,  and  said  certificate  shall  he  evidence  of 
the  existence  and  contents  of  such  record  in  any  court  of  this 
State,  in  all  cases  of  inquiries,  examinations  and  surveys  relat- 
ing to  vessels,  and  cargoes  on  hoard  thereof,  as  specified  in  this 
chapter.  The  said  hoard  shall  give  notice  to  all  persons 
interested  in  or  having  charge  of  the  subject  matter  of  such 
inquiry,  examination  or  survey,  by  advertisement  in  at  least  two 
daily  newspapers  printed  and  published  in  the  city  of  New  York, 
of  the  pendency  of  such  inquiry,  examination  or  survey,  and  of 
the  time  and  place  of  completing  the  same,  the  expense  whereof 
shall  be  added  to  and  paid  with  the  fee  for  making  such  inquiry, 
examination  or  survey. 

cSmfmt  *5'  §  20S9-  Ifc  sna11 1)0  tne  duty  of  said  board,  or  some  one  of  the 
Attend  wiies  members  thereof,  to  attend,  personally,  all  sales  of  vessels,  when 
condemned,  vessels'  materials,  and  goods  in  a  damaged  state, 
which  shall  be  sold  at  public  auction  in  the  port  of  New  York 
by  reason  of  such  damage  for  the  benefit  of  owners  or  under- 
writers, or  for  account  of  whom  it  may  concern ;  and  it  shall  be 
the  duty  of  auctioneers  making  such  sales  to  give  due  notice 
thereof  to  said  board  before  the  sale,  and  all  such  sales  shall  be 
made  by  auctioneers  under  the  direction  and  by  order  of  the 
wardens,  for  which  service  they  shall  be  entitled  to  receive  a  com- 
mission of  one-half  of  one  per  cent,  on  the  gross  amount  of  sales 
.  thereof,  to  be  paid  to  said  board  of  wardens  on  demand,  by  the 
auctioneer  making  such  sa^,  and  such  property  shall  be  exempt 
from  the  payment  of  auction  duties  to  the  State;  and  it  shall  be 
the  duty  of  auctioneers  to  make  monthly  statements  to  said 
board,  specifying  the  total  amount  of  each  day's  sale  made  by 
them  under  this  section,  which  statement  shall  be  filed  in  said 
warden's  office",  and  the  wardens,  when  required  by  the  owner 
or  consignee  thereof,  shall  certify  the  cause  of  such  damage, 
the  amount  of  such  sale,  and  the  charges  on  the  same,  all  of 
which  shall  be  recorded  in  the  books  of  said  office;  and  the  said 
board  of  wardens  shall  be  allowed  for  each  aud  every  survey 


DUTIES  OF  PORT  WARDENS, 


697 


held  on  board  of  any  vessel  on  hatches,  stowage,  or  cargo,  or 
damaged  goods,  or  at  any  warehouse,  store,  <>r  dwelling,  or  in 
the  public  street,  or  on  the  wharf,  within  the  limits  of  the  port 
of  New  York,  on  goods  said  to  be  damaged,  the  sum  of  two  dol- 
lars, and  for  each  and  every  certificate  given  in  consequence 
thereof,  the  sum  of  one  dollar,  and  for  each  and  every  survey  on 
the  hull,  spars,  sails  or  rigging  of  any  vessel  damaged  or  arriv- 
ing at  said  port  in  distress  the  sum  of  five  dollars,  and  fen-  each 
and  every  certificate  given  in  consequence  thereof  the  sum  of 
two  dollars  and  fifty  cents,  and  for  each  valuation  or  measure- 
ment of  any  vessel  the  sum  of  ten  dollars,  and  the  compensation 
and  emoluments  of  said  office  shall  be  divided  equally  between 
the  said  nine  wardens  composing  the  board  under  this  chapter. 

§  2090.  It  shall  be  unlawful  for  any  person  or  persons,  except  u.  so, 
t  he  port-wardens  duly  appointed  under  this  chapter,  to  assume  iBarb.ch.ci9. 
to  act  as  port-wardens,  or  to  undertake  the  performance  of  any  renftltics- 
of  the  duties  prescribed  in  this  chapter,  or  pertaining  to  the  said 
office  of  port-warden;  and  it  shall  be  unlawful  for  any  person  or 
persons"to  employ  any  other  than  the  legally  appointed  wardens 
for  the  performance  of  such  duties;  and  it  shall  also  be  unlawful 
for  any  person  or  persons  to  issue  certificates  of  surveys  on 
vessels,  vessels'  materials,  or  goods  damaged,  with  the  intent  to 
defeat  or  avoid  the  provisions  of  tins  chapter;  and  any  person 
or  persons  violating  the  provisions  of  this  chapter  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  forfeit  and  pay  renaitv  for 
to  the  wardens  a  penalty  of  one  hundred  dollars  for  each 
offense  committed,  and  the  said  board  of  wardens  or  their 
successors  in  office  may,  in  their  proper  name  and  title,  sue 
for  and  recover  in  any  court  in  this  State  having  cognizance 
thereof  their  legal  fees,  or  the  penalty  of  this  chapter,  for  any 
violation  of  the  laws  appertaining  to  the  duties  of  the  port-war- 
dens of  the  port  of  New  York. 

§  2091.  The  governor  shall  nominate,  and  by  and  with  the  i^.ch.  i 

"  .  .  • '  »  Comp.  1712, 

consent  of  the  senate  appoint,  two  special  wardens,  who  shall  re-  special 
side  at  quarantine,  and  whose  duty  it  shall  be  to  act  as  wardens  quaranu"-. 
only  in  regard  to  vessels  and  goods  that  are  actually  under  and 
subject  to  quarantine  detention,  and  their  duties  shall  not  apply 
to  vessels  stopping  at  quarantine  for  the  purpose  only  of  visita- 
tion by  a  health  officer,  and  not  detained.  Said  wardens  shall  be 
appointed  for  the  term  of  three  years.  Such  special  wardens 
shall  make  returns  in  detail  of  all  surveys  made  by  them,  and  of 
all  other  duties  by  them  performed,  to  the  wardens'  office  in  the 
city  of  New  York,  within  forty-eight  hours  after  such  survey  is 
made  or  such  service  performed;  and  all  rules  and  regulations 
adopted  by  the  board  of  wardens  shall  apply  to  and  govern  said 
special  wardens  in  discharge  of  their  duties  at  quarantine.  The 


COMM ISSIQN KHS  OF  PILOTS. 


special  wardens  at  quarantine  shall  be  allowed  and  entitled  to  re 
ceive  for  each  and  every  survey  or  examination  made  by  them 
the  sum  of  five  dollars,  and  the  compensation  and  emoluments 
of  said  office  shall  be  divided  equally  between  the  said  special 
wardens,  share  and  share  alike, 
romp  1718  §  2092.  The  said  board  of  port- wardens  shall  keep  a  full  and 

Receipt*  accurate  account  of  all  their  receipts  and  expenditures,  and 
transmit  to  the  comptroller  a  true  copy  thereof  annually  on  the 
fii-st  Monday  of  January  in  each  year,  and  which  copy  shall  be 
verified  by  the  oaths  of  the  president  and  secretary  of  said  board, 
and  each  warden  shall  append  to  such  account  an  affidavit  that 
he  has  not  taken  or  received  any  money  or  goods  as  presents, 
directly  or  indirectly,  for  services  as  warden,  except  the  legal 
fees. 


1858,  cb.  467, 

S,  3,  4. 
Comp.  1033. 
Board  of  com- 
missioners. 
See  18G3,  oh. 
S58,{tl,  relating 
to  quarantine 

Imposes  a  duty 
OH  pilots;  45  N'. 
V.  446:  Bfl  N.  V. 
131. 

Three  commis- 
sioners to  be 
elected  by 
chamber  of 
Commerce. 
Two  commis- 
sioners to  be 
elected  by 
president  and 
vice-president 
of  the  marine 
Insurance  com- 
panies, New 
York. 


CHAPTER  XXVIII. 

Pilots  and  Pilotage. 

Title  1.— Sandy  Hook  Pilots. 

§  2093,  There  shall  continue  to  be,  in  the  city  of  New  York, 
a  board  entitled  "  the  board  <f  commissioners  of  pilots,"  con- 
sisting of  five  persons,  to  hold  their  offices,  respectively,  for  two 
years  from  the  time  of  their  election,  and  until  others  shall  he 
elected.  Three  of  such  commissioners  shall  be  elected  by  the 
members  of  the  Chamber  of  Commerce  of  the  city  of  New 
York,  at  a  meeting  to  be  called  for  the  purpose,  to  be  specified 
in  the  notice  for  the  meeting;  and  the  certificate  of  the  secre- 
tary of  that  body,  or  other  officer  regularly  performing  his 
duties  for  the  time  being,  shall  be  prima  facie  evidence  of  such 
election.  Two  other  of  such  commissioneis  shall  be  elected  by 
the  presidents  and  vice-presidents  of  the  marine  insurance  com 
panics  of  the  city  of  New  York,  composing  or  represented  in  the 
hoard  of  underwriters  of  said  city,  at  a  regularly  convened 
meeting  of  such  board,  on  the  notice  of  their  secretary,  stating 
that  the  election  of  commissioners  will  take  place,  or  of  some 
member  of  the  board,  by  them  duly  authorized,  given  in 
writing,  at  least  one  day  before  the  election,  stating  that  the 
election  of  commissioners  will  take  place,  and  delivered  at  the 
office  of  such  company.  Each  insurance  company  represented 
at  such  meeting  shall  be  entitled  to  one  vote,  and  the  certificate 
of  the  secretary  of  such  board,  or  of  any  officer  acting  in  his 
stead, -shall  be  sufficient  prima  facie  evidence  of  an  election, 


SALE  OF  LIQUOR  at  im.acks  of  amiskmknt  i'Kohibitki).  •;•'>'.» 


Violation  of  act 
a  mi-uW-uiKttii'jr 


on  or  attend  in  any  manner,  or  furnish  refreshments  to  the 
audience  or  spectators,  or  any  of  them,  at  any  of  the  exhibitions  or 
performances  mentioned  in  said  section,  or  at  any  other  place  of 
public  amusement  in  the  city  of  New  York. 

§  "Jo  11.   No  license  shall  be  granted  for  any  exhibition  or  I'^Vna, 
performance  given  in  violation  of  the  preceding  section,  and  any  ^;!'M'"S" 
and  everv  exhibition  or  performance  at  which  anv  of  the  pro-  ''><••■*«'» 

J  '  *  •  «  annulled. 

visions  of  the  said  section  shall  be  violated,  shall  of  itself  vacate 
and  annul  and  render  void  and  of  no  effect  any  license  which 
shall  have  been  previously  obtained  by  any  manager,  proprietor, 
owner,  or  lessee  consenting  to,  causing  or  allowing  or  letting 
any  part  of  a  building  for  the  purpose  of  such  exhibition  and 
performance. 

;i  2012.  Any  person  violating  any  of  the  provisions  of  the  yjjjj 
two  preceding  sections,  or  employing  or  assenting  to  the  employ- 
ment or  attendance  of  any  person  contrary  to  the  provisions  of 
said  sections,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction,  shall  be  punished  by  imprisonment  in  the 
penitentiary  for  a  term  not  less  than  three  months  nor  more 
than  one  year,  or  by  a  fine  not  less  than  one  hundred  dollars,  nor 
more  than  five  hundred  dollars,  or  by  both  such  fine  and  impris- 
onment. 

§  2013.  It  shall  be  the  duty  of  the  superintendent  of  police,  £uty  „f  chief 
every  sheriff,  deputy  sheriff,  constable,  captain  of  police,  policeman  other'offlcer^ 
and  every  other  police  officer,  to  enter  at  any  time  said  places  of 
amusement,  and  to  arrest  and  convey  any  person  or  persons  vio- 
lating any  provision  of  the  three  preceding  sections,  forthwith, 
before  any  police  justice  or  recorder  or  magistrate  having  juris- 
diction in  said  city,  there  to  be  dealt  with  according  to -law. 

j5  2014.  The  owner,  lessee,  manager,  or  other  person  or  per-  lm'ch  ^-K1 
sons,  having  charge  or  control  of  any  theatre  shall  cause  each  J^^Vedtnd 
and  every  door  and  means  of  exit  to  be  used  in  case  of  fire  or  pjlJS^do,, 
panic  to  be  conspicuously  numbered  so  as  to  be  visible  to  the  p1"0*™1"™5- 
andience  by  whom  the  same  may  be  used,  and  shall  have  or 
cause  to  be  printed  in  conspicuous  type  a  plan  or  diagram,  and 
explanation,  showing  each  of  said  exits  thereon  and  referring  to 
the  numbers  aforesaid,  and  the  same  shall  be  printed  in  con- 
spicuous type  as  aforesaid  on  the  programme  or  bill  of  the  play. 
Any  and  all  persons  who  shall  violate  any  of  the  provisions  of 
this  section,  or  fail  to  comply  therewith,  or  any  requirement  failnre\o 
thereof,  shall  severally,  for  each  and  every  violation  and  non-  thi?act.wlth 
compliance,  respectively  forfeit  and  pay  a  penalty  in  the  sum  of 
fifty  dollars;  to  be  sued  for  and  recovered  in  the  same  manner 
as  violations  of  the  building  laws  in  the  city  of  New  York  are 
now  sued  for  and  recovered  by  the  fire  department. 


I  i  MMI88IONERS  OF  PILOTS. 


I'pon  the  expiration  of  the  term  of  office  of  any  commissioner  Ki«-n.H.j..i-iis» 

or  commissioners,  or  within  thirty  days  prior  thereto,  and  upon  omnnHMiwwH 

any  vacancy  occurring  l»y  death,  resignation,  removal  from  the 

State,  or  oilier  cause,  another  election  for  the  term  of  two  years 

shall  he  made  hy  the  same  class  of  persons  or  authority  as  that 

which  made  the  election  to  the  office  so  expiring  or  becoming 

vacant. 

$  2094.  Each  commissioner,  before  entering  upon  the  duties  IJ  f 

,       ...      /».        ,    g.  oa  Oath  of  office. 

of  his  office,  shall  take  the  usual  oath  of  olhce  before  an  officer 
authorized  to  administer  oaths,  which  oath  or  affirmation  shall 
be  filed,  without  delay,  in  the  office  of  the  clerk  of  the  city  and 
county  of  New  York. 

8  2005.  The  commissioners  shall  appoint  a  secretary,  who  I,,  *c- 

°  .  .    -  .  Secretary. 

shall  take  a  like  oath,  to  he  filed  in  like  manner,  as  provided  in 
the  preceding  section;  and  they  may  remove  him  at  any  time 
and  appoint  another;  and  shall  prescribe  his  duties  and  compen- 
sation. The  board  shall  establish  an  office  in  some  convenient  w.  §7. 
and  proper  place  in  the  city  of  New  York,  where  the  commis-  ^bushed.1* 
sioners  shall  meet  on  the  first  Tuesday  of  every  month,  and  as 
much  oftener  by  adjournment,  or  upon  a  notice  given  by  any 
one  of  them,  or  by  the  secretary,  as  circumstances  may  require. 

£  2096.  The  commissioners  shall  require  their  secretary  in  per-  laa.  en  ^s-.sb, 
son,  or  by  deputy,  to  be  in  daily  at  tendance  at  their  office  on  all  Duties  of  nec- 
ordinary  business  days,  during  .reasonable  office  hours,  and  shall  letar> 
cause  to  be  kept  by  him  a  proper  book  or  books,  in  which  shall 
be  written  all  the  rules  and  regulations  made  by  them,  and  all 
their  official  transactions  and  proceedings,  and  whatever  else  may 
be  deemed  by  them  proper  and  useful  and  immediately  pertain- 
ing to  their  duties  or  to  the  pilot  service.    They  shall  also  cause 
to  be  kept,  by  their  secretary,  a  register  of  the  names  and  places 
of  residence  of  all  the  pilots  who  may  be  licensed  by  them,  with 
the  dates  of  their  licenses  respectively,  and  such  books  may  be 
inspected  by  any  person  interested. 

§  2097.  The  commissioners,  or  a  majority  of  them,  shall  Id-  $9.  , 

°  "         "  as  amended 

license,  for  such  term  as  they  may  think  proper,  so  many  pilots  ism,  en.  iw,  §i. 
as  they  may  deem  necessary  for  the  port  of  New  York;  and  such  pilot"8*1* 
commissioners  may  specify  in  such  licenses  different  degrees  of 
qualifications  appropriate  to  different  parts  or  branches  of  duty, 
according  to  the  competency  of  the  applicant.  No  license  shall 
be  granted  to  any  person  holding  any  license  or  authority  from 
or  under  the  authority  of  laws  of  any  other  State,  and  the  said 
commissioners,  or  a  majority  of  them,  shall  have  the  power  and 
authority  to  revoke  and  annul  the  license  of  any  person  so 
licensed  by  them  to  act  as  pilot  who  shall  not  be  attached  to  a 
boat  approved  of  by  said  board,  or  who  shall  be  guilty  of  any 
intoxication  or  other  misconduct  while  on  dutv. 


700 


i ,:<  k.vhinu  or  pilots 


rd.  f  19. 

Comp.  ItSM. 
ICxumlnttton  to 

ho  made  before 

granting 

license. 


u.  hi. 

Recognizance 
to  be  Riven. 


1S5J,  en.  4ti.\ 
§12,  Comp.  1641, 
as  amended 
1855,  ch.  196,  §3, 
Regulation  of 
pilot-boats  and 
pilotage. 


§  2098.  It  shall  be  the  duty  of  the  said  commissioners,  bo 
foro  thoy  shall  grant  a  license  to  any  person  applying  therefor 
to  act  as  a  pilot  in  pursuance  of  this  title,  within  one  week  there 
after  to  call  such  applicant  before  them,  and  in  presence  of  one 
or  more  of  the  pilots  of  the  said  port,  licensed  to  pilot  vessels  to 
and  from  the  said  port  by  the  way  of  Sandy  Hook,  who  shall  be 
notified  to  attend  for  the  purpose,  and  who  are  hereby  required 
to  attend  and  assist  in  such  examination;  or  in  case  of  the  non- 
attendance  of  the  pilot  or  pilots  who  shall  be  so  notified  to  at 
tend  for  that  purpose,  then,  without  the  pxesence.or  assistance 
of  any  liqensed  pilot,  to  examine,  or  cause  to  be  examined,  such 
applicant,  touching  his  qualifications  for  the  office  of  a  pilot,  and 
in  particular  touching  his  knowledge  of  the  sailing  and  manage- 
ment of  a  square-rigged  vessel,  and  also  touching  his  knowledge 
of  the  tides,  soundings,  bearings  and  distances  of  the  several 
shoals,  rocks,  bars,  and  points  of  land  and  night  lights  in  the 
navigation  for  which  he  applies  for  a  license  to  act  as  a  pilot, 
and  touching  any  other  matter  relating  thereto  which  the  said 
commissioners  may  think  proper.  And  if,  upon  examination, 
the  person  so  applying  shall  be  found  to  be  of  good  moral  char- 
acter and  tempera  b«  habits,  and  to  be  possessed  of  sufficient 
ability,  skill  .ind  experience  to  act  as  a  pilot,  and  not  otherwise, 
the  said  commissioners  may  grant  him  a  license  for  piloting  ves 
sels  to  and  from  the  port  of  New  York  by  the  way  of  Bandy 
Hook. 

§  2099.  The  commissioners,  before  granting  licenses,  shall  re- 
quire all  pilots  to  enter  into  recognizance  to  the  people  of  this 
State,  with  two  surelies,  to  be  approved  by  such  commissioners, 
or  a  majority  of  them,  each  in  a  penalty  not  exceeding  five  hun- 
dred dollars,  conditioned  that  the  pilot  shall  diligently 
and  faithfully  perform  his  duties  as  pilot,  and  observe  the  rules 
and  regulations  and  decisions  of  the  board;  and  every  such  rec 
ognizance  shall  be  prosecuted  in  the  name  of  the  people  of  the 
State  of  New  York,  by  or  in  behalf  of  ihe  commissioners, 
provided  a  majority  of  them  shall  so  instruct,  and  if  any 
amount  be  collected  in  such  suit  it  shall  be  paid  to  the  said  com 
missioners,  and  they  may  direct  the  same  to  be  applied  for 
purposes  as  expressed  in  section  eighteen  hundred  and  ninety- 
seven. 

§  2100.  The  said  commissioners,  shall  have  jthe  power  to  regu- 
late the  stationing  of  pilot  boats  for  the  purpose  of  receiving 
pilots  from  outward-bound  vessels,  and  may  alter  or  amend  any 
existing  regulations  for  pilots,  and  make  and  duly  promulgate 
and  enforce  new  rules  or  regulations,  not  inconsistent  with  the 
laws  of  this  State,  or  of  the  United  States,  which  shall  be  bind- 
ing and  effectual  upon  all  pilots  licensed  by  them,  and  upon  all 


PEES  OF  BANDY  HOOK  PILOTS. 


parties  employing  such  pilots.  They  may  declare  and  enforce 
forfeitures  of  pilotage  upon  any  mismanagement  or  neglect  of 
duty  by  the  pilots  licensed  hy  them;  they  may  declare  and*  im- 
pose and  collect  fines  and  penalties,  not  exceeding  two  hundred 
and  fifty  dollars  for  each  offense,  to  prevent  any  of  the  pilots 
licensed  by  them  from  combining  injuriously  with  each  other, 
or  with  other  persons,  and  to  prevent  any  person  licensed  by 
them  from  acting  as  a  pilot  during  his  suspension,  or 
after  his  license  may  he  revoked;  and  the  said  commissioners 
may  establish  and  enforce  all  other  needful  rules  and  regu- 
lations for  the  conduct  and  government  of  the  pilots  licensed 
by  them,  and  ihe  parties  employing  them;  and  they  may  enforce 
and  receive  accounts  of  all  moneys  collected  for  pilotage  by  the 
pilots  licensed  by  them,  and  may  impose  and  collect  from  such 
pilots  a  sum  not  exceeding  three  per  cent,  on  the  amount  thereof, 
to  defray  their  necessary  expenses,  including  clerk  hire  and 
office  rent.  Any  pilot  bringing  in  a  vessel  from  sea  shall,  by  c*mPcl'ifrn°' 
himself  or  one  of  his  boat's  company,  be  entitled  to  pilot  her  to 
sea  when  she  next  leaves  the  port,  unless,  in  the  ■  meantime,  a 
complaint  for  misconduct  or  incapacity  shall  have  been  made 
against  such  pilot,  or  one  of  his  boat's  company,  <md  proved  be- 
fore the  board  of  commissioners  of  pilots;  provided,  however, 
that  if  the  owner  of  any  vessel  shall  desire  to  change  such  pilot, 
then  the  said  commissioners  may  assign  any  other  pilot  on  the 
same  pilot  boat  to  pilot  said  vessel  to  sea. 

§2101.  The  fees  for  piloting  are  hereby  established  as  fob  c™Pc  imi.§i:j' 

],,,,.„  .  as  amended 

1UWS  .  ISH,  Ch.  196,  §3; 

For  every  merchant  vessel,  inward  bound,  and  not  exempted  \m',lh.  mgCss! 
from  pilotage  by  virtue  of  these  regulations,  drawing  less  than  Fee3  of  pi,oU 
fourteen  feet  of  water,  three  dollars  and  seventy  cents  per  foot. 

For  every  vessel  drawing  fourteen  feet,  and  less  than  eighteen 
feet  of  water,  four  dollars  and  fifty  cents  per  foot. 

For  every  vessel  drawing  eighteen  feet,  and  under  twenty - 
one  feet  of  water,  five  dollars  and  fifty  cents  per  foot. 

For  every  vessel  drawing  twenty-one  feet  of  water  and  up- 
ward, six  dollars  and  fifty  cents  per  foot.  If  the  master  or 
owners  of  any  vessel  shall  request  the  pilot  to  moor  said  vessel 
at  any  place  within  Sandy  Hook,  and  not  to  be  taken  to  the 
wharf  or  harbor  of  New  York,  or  the  vessel  to  be  detained  att 
quarantine,  the  same  pilotage  shall  be  allowed,  and  the  pilo 
entitled  to  his  discharge. 

For  pilot  ing  national  armed  vessels  of  the  United  States,  and 
also  those  of  foreign  nations  seven  dollars  and  fifty  cents  per  foot. 
When  any  ship  or  vessel,  bound  to  the  port  of  New  York,  is 
hoarded  by  any  pilot  appointed  by  this  board,  at  such  distance 
to  the  southward  or  eastward  of  Sandy  Hook  light-house  as  that 


702 


FEES  OF  SANDY  HOOK  PILOTS. 


i«53,  ch.inr.  5,11. 
as  amended 
1KM,  ch.  11)6,  «4; 

ch.  137,  §!• ; 
1H70,  ch.  648,  $2, 

Oomp,  1049. 


Id.  §15. 
Rates  of 
pilotage. 


Id.  f 16. 

Addition  to  full 
pilotage. 


l857,cb.M8JSl,l 
Oomp.  1045. 
«  N.  Y.  319. 


iS53.ch.4er,  sir, 
Oomp.  i&i2. 
Forfeiture  for 
detention. 


.said  light-house  could  not  be  seen  from  the  deck  of  such  ship  or 
vessel  in  the  day  time,  and  in  fair  weather,  the  addition  of  one- 
fourth  to  the  rates  of  pilotage  hereinbefore  mentioned  shall  be 
allowed  to  such  pilot. 

§  2102.  The  pilotage  on  merchant  vessete  outward  shall  be  as 
follows  : 

For  every  vessel  drawing  less  than  fourteen  feet  of  water, 
two  dollars  and  seventy  cents  per  foot. 

For  every  vessel  drawing  fourteen  feet,  and  less  than 
eighteen  feet  of  water,  three  dollars  and  ten  cents  per  foot. 

For  every  vessel  di awing  eighteen  feet,  and  less  than 
twenty-one  feet  of  water,  four  dollars  and  ten  cents  per  foot. 

For  every  vessel  drawing  twenty-one  feet  of  water  and  up- 
ward, four  dollars  and  seventy-five  rents  per  foot. 

§  2103.  The  rates  of  pilotage  for  any  intermediate  distance 
shall  be  determined  by  the  board  of  commissioners,  and 
promulgated  in  then-  rules  and  regulations  for  the  government 
of  pilots. 

§  2104.  Between  the  first  day  of  November  and  the  first  day 
of  April,  inclusive,  four  dollars  shall  be  added  to  the  full  pilot- 
age of  every  vessel  coming  into  or  going  out  of  the  port  of  New 
York; 

§  2105.  For  every  day  of  detention  in  the  harbor  of  an  outward- 
bound  vessel,  after  the  services  of  a  pilot  have  been  required  and 
given,  except  detention  shall  be  caused  by  such  adverse  winds 
and  weather  that  the  vessel  cannot  get  to  sea  ;  and  for  every 
day  of  detention  of  an  inward-bound  vessel,  by  ice,  longer  than 
two  days  for  passage  from  sea  to  wharf,  three  dollars  shall  be 
added  to  the  pilotage.  If  any  pilot  shall  be  detained  at  quaran- 
tine or  elsewhere,  by  the  health  officer,  for  being  or  having  been 
on  board  a  sickly  vessel  as  pilot,  the  master,  owner  or  agent,  or 
consignee  of  such  vessel,  shall  pay  to  such  pilot  all  necessary 
expenses  of  living  and  three  dollars  per  day  for  each  and  every- 
day of  such  detention.  This  section  shall  not  apply  to  vessels 
propelled  wholly  or  in  part  by  steam,  owned  or  belonging  to 
citizens  of  the  United  States,  and  licensed  and  engaged  in  the 
coasting  trade. 

§  2106.  For  every  day  of  detention  at  the  wharf,  or  in  the 
harbor,  beyond  the  time  notified  to  the  pilot  for  him  to  attend 
the  vessel,  or  beyond  the  usual  time  of  getting  vessels  fcom  sea 
to  the  wharf,  and  from  the  wharf  to  sea;  and  for  everyday  of 
detention  of  an  inward-bound  vessel  by  ice,  longer  than  two 
days  for  the  passage  from  sea  to  wharf,  three  dollars  shall  be 
added  to  the  pilotage.  If  anjr  pilot  shall  be  detained  at  quaran- 
tine by  the  health  officer,  for  having  been  on  board  a  sickly  ves- 
sel as  pilot,  the  master,  owner,  agent,  or  consignee  of  such  ves- 


FEES  OF  SANDY  HOOK  PILOTS. 


703 


bol,  rihall  pay  to  such  pilot  all  necessary  expenses  of  living,  ami 
three  dollars  per  (lav  for  each  and  every  day  of  such  detention. 
This  section  shall  not  apply  to  vessels  embraced  in  (In1  preceding 
section. 

§2107.  For  services  rendered  by  pilots  in  moving  or  trans-  usr,  eh.  MS,  |i, 
porting  vessels  in  the  harbor  of  New  York,  the  following  shall  be  For  trannpoii 
the  fees:  For  moving  from  North  to  East  river,  or  vice  versa,  u'arbor**8'0 
if  a  seventy-four  gun  ship  twenty  dollars,  if  a  sloop  of  war  ten 
dollars,  if  a  merchant  vessel  five  dollars,  except  such  vessel  shall 
have  arrived  from  sea,  or  is  ready  for  and  bound  to  sea  on  the 
day  such   services  for  transportation  are   rendered  ;  but  if 
the  services  are  rendered  thereafter  such  payment  shall  be  made. 
For  moving  any  vessel  from  the  quarantine  to  the  city  of  New  Moving  frotn 

°        »  1  *  quarantine. 

York,  one-quarter  of  the  sum  that  would  be  due  for  the  inward 

pilotage  of.  such  vessel.    For  hauling  any  vessel  from  the  river 

to  a  wharf,  or  from  a  wharf  into  the  river,  three  dollars,  except 

on   tho  day  of  arrival  or  departure  of   such  vessel.     The       cii.sw,  p, 

provisions  of  this  section  shall  not  apply  to  vessels  propelled  Steam  vessels 

wholly  or  in  part  by  steam,  owned  or  belonging  to  citizens  of 

tho  United  States,  and  licensed  and  engaged  in  the  coasting 

trade. 

§  2108.  For  services  rendered  by  pilots  in  moving  or  com^iwk881, 
transporting  vessels  in  the  harbor  of  New  York  other  than  those       J<** for 

1  °  _  i  removing  or 

embraced  in  the  preceding",  section,  the  following  shall  be  the  '.™"*{^™nK 
fees: 

For  moving  from  North  to  East  river,  or  vice  versa,  a 
merchant  vessel,  five  dollars. 

For  moving  any  vessel  from  quarantine  to  the  city  of  New 
York,  one-quarter  of  the  sum  that  would  be  due  for  the  inward 
pilotage  of  such  vessel. 

For  hauling  any  vessel  from  the  river  to  wharf,  or  from  a 
wharf  into  the  river,  three  dollars. 

$2109.  The  pilotage  shall  be  payable  by  the  master,  owner,  *d;S18-  , 

0  1  '    Pilotage,  how 

consignee  or  agent  entering  or  clearing  the  vessel  at  the  payable, 
port  of:  New  York,  who  shall  be  jointly  and  severally  liable 
therefor. 

§  2110.  A  pilot  who  is  carried  to  sea  when  a  boat  is  attending  Pay^ :  iIot(, 
to  receive  him  shall  receive  at  the  rate  of  one  hundred  dollars  JjT*"*"" 
per  month  during  his  necessary  absence. 

5  2111.  Masters  of  vessels  shall  give  an  account  to  the  pilot  !d§i0  . 

v  ■  Masters  of  ves- 

when  boarding,  of  the  draught  of  such  vessels;  and  in  case  the  jeis to  account 

°'  °  to  phots. 

draught  given  is  less  than  the  actual  draught,  the  master  shall 
forfeit  the  sum  of  twenty-five  dollars,  which  may  be  sued  for 
and  recovered  by  the  commissioners,  as  is  provided  in  section 
twenty-one  hundred  and  twenty-three  in  respect  to  other  fines 
and  penalties. 


704 


DUTIES  AND  I'OWEKS  OF  J 'I  LOT  COMMISSIONERS. 


1853,  ob.4fl7,|S2, 
Comp.  1013. 
ltew  ftrds. 


Id.  23, 

ns  nmeudt  d 
IBM,  ch.  190,  $0. 
Suspension  of 
pilots. 


Id.  |84. 

Commissioners 
to  hear  and 
examine 
complaints. 


1853,  ch.  407, 
$25,  Comp.  1018 
Before  com- 
plaint or  sus- 
pension, per- 
qgns  must  he 
notified. 


Id.  J26, 
Comp.  1641. 
Subpoenas. 


§  2112.  It  shall  bo  the  duty  of  the  commissioners,  out  of  any 
funds  which  may  he  obtained,  to  provide  rewards  to  encourage 
the  prompt  relief  of  disabled  vessels  and  the  speedy  report  Of 
the  same,  and  generally  to  encourage  not  only  the  energetic  per- 
formance of  duty,  but  benevolent  and  praiseworthy  efforts  to 
relieve  vessels  and  passengers  from  distress  or  suffering. 

§  2113.  The  commissioners  shall  have  power  and  authority, 
at  any  time,  to  suspend  any  pilots  so  licensed  for  any  period 
they  may  think  proper,  and  also  to  revoke  and  annul  any  li- 
cense which  shall  have  been  granted,  upon  satisfactory  proof  of 
negligence  or  carelessness  on  the  part  of  such  pilot,  or  of  willful 
dereliction  of  duty  or  of  willful  disobedience  of  any  lawful  rule 
or  regulation  duly  made  and  promulgated  by  said  commissioners; 
but  the  pilot  or  pilots  so  suspended  may  at  any  time,  upon  due 
notice,  appeal  to  the  commissioners  for  a  rehearing  of  {heir  case, 
and  the  commissioners  shall  have  power  to  confirm  or  reverse 
the  previous  act  or  decision  of  the  said  board. 

§  2114.  It  shall  be  the  duty  of  the  commissioners  to  hear  and 
examine  all  complaints  duly  made  in  writing  against  any  pilot 
licensed  by  them,  or  against  any  person  connected  with  a  boat 
of  such  pilot,  for  any  misbehavior  or  neglect  of  duty,  or  breach 
of  their  rules  or  regulations,  that  shall  appear  to  them  material 
to  be  investigated  :  and  also  all  complaints  made  in  like  manner 
by  any  licensed  pilot  against  any  master,  owner  or  seaman  of  a 
vessel,  for  any  misbehavior  towards  such  pilot  in  the  perform- 
ance of  his  duty,  or  any  breach  of  such  rules  or  regulations. 

§  211.">.  Before  any  per.-on  shall  be  pn  reeded  against  on  any 
complaint,  and  before  any  pilot  be  suspended  longer  than  for 
one  month,  or  be  removed,  such  person  or  pilot  shall  be  notified, 
in  writing,  signed  by  the  secretary,  to  appear  before  the  com- 
missioners, specifying  the  nature  and  substance  of  such  com- 
plaint; which  notice  shall  be  served,  personally,  at  least  five 
days  before  the  time  fixed  for  appearance,  and  the  commission- 
ers for  just  cause  shall  postpone  or  adjourn  the  hearing  from 
time  to  time.  A  certificate  of  such  commissioners,  or  of  a 
majority  of  them,  with  proof  of  such  service  of  notice,  shall  be 
prima  facie  but  not  conclusive  evidence  that  the  party  upon 
whom  the  notice  was  served,  and  a  fine  or  penalty  thereupon 
imposed,  is  liable  to  pay  such  fine  or  penalty. 

§  2116.  The  secretary,  under  the  supervision  of  the  commis- 
sioners, shall,  at  the  instance  either  of  the  complaining  or 
defending  part}*,  issue  subpoenas  for  compelling  the  attendance 
of  witnesses  to  testify  before  the  commissioners,  in  all  cases 
in  which  the  power  to  hear  and  examine  is  conferred  by  this 
title ;  and  it  shall  be  the  duty  of  the  commissioners  to 
examine  all  such  witnesses  on  oath,  to  be  administered  by 


DUTIKS  AND  POWERS  OF  PILOT  COMMISSIONKRM.  7".".  , 

them,  as  shall  appear  to  tliem  to  give  material  testimony  ; 
and  each  person  subpoenaed  a>  a  witness  shall  be  entitled 
to  the  like  compensation  from  the  party  requiring  his 
attendance,  and  be  subject  to  the  like  penalties  and  punishments 
for  disobedience,  or  for  false  swearing,  as  in  civil  suit  at  law  in  a 
court  of  record. 

§  2117.  The  decision  of  a  majority  of  the  commissioners  shall  1,1  ir' 
be  conclusive  niton  all  questions  arising  under  this  title,  except 
as  hereinbefore  provided.  .In  caso  of  an  omission  to  till  any 
vacancy  in  the  board  of  commissioners  for  one  month,  the  re- 
maining two  or  three  commissioners  (as  the  case  may  be)  shall 
have 'authority  to  perform  all  the  duties  of  the  commissioners 
for  the  time  being. 

vjj211S.  It  shall  be  the  duty  of  the  secretary,  and  his  clerks  if  u.  $2*. 
any,  when  not  employed  under  the  foregoing  provisions  of  this  cJTksayBnd 
title,  to  aid  the  licensed  pilots  in  keeping  their  accounts  of  pilot- 
age, and  in  collecting  the  same,  if  desired,  and  in  keeping  a 
register  of  calls  'for  pilots. 

§2119.  No  master  of  any  vessel  navigated  under  a  coasting  aSp^M^'1, 
license  and  employed  in  the  coasting  trade,  by  the  way  of  Bandy  ^80e".t'' 
Hook,  shall  be  required  to  employ  a  licensed  pilot  when  entering  S«Sigte»de; 
or  departing  from  the  harbor  of  New  York  ;  but  this  provision  iw.cii.  233,  p, 
shall  not  be  construed  to  alter  the  legal  rate  of  compensation  of  Kutenmoy 
any  pilot  who  may  be  so  employed;  but  in  case  the  services  of  a  0JtR1D  lcense' 
pilot  shall  have  been  given,  the  pilot  shall  be  entitled  to  the  rates  ' 
established  by  this  title.    If  the  master  of  any  vessel  above  one 
hundred  and  fifty  and  not  exceeding  three  hundred  tons  burden, 
and  owned  by  a  citizen  of  the  United  States,  and  sailing  under  a 
coasting  license  to  or  from  the  port  of  New  York,  by  the  way  of 
Sandy  Hook,  shall  be  desirous  of  piloting  his  own  vessel,  he 
shall  first  obtain  a  license  for  such  purpose  from  the  commis- 
sioners of  pilots,  who  are  hereby  authorized  and  required  to 
grant  the  same,  if  such  master  shall,  after  an  examination  had 
by  said  commissioners,  be  deemed  competent ;  which  said 
license  shall  be  and  continue  in  force  one  year  from  the  date 
thereof,  pr  until  the  determination  of  any  voyage  during  which 
the  license  may  expire.    For  such  license,  the  master  to  whom  Feesforilrenlw 
it  shall  be  granted  shall  pay  to  the  said  commissioners  four  <1)al>-.8i8. 
cents  per  ton.    All  masters  of  foreign  vessels  and  vessels  from 
a  foreign  port,  and  all  Vessels  sailing  under  register,  bound  to  or 
from  the  port  of  New  York  by  the  way  of  Sandy  Hook,  shall 
take  a  licensed  pilot :  or,  in  case  of  refusal  to  take  such  pilot, 

In  case  of 

shall  himself,  owners  or  consignees,  pay  the  said  pilotage  as  if  Ketusaj. 
one  had  been  employed  ;  and  such  pilotage  shall  be  paid  to  the 
pilot  first  speaking  or  offering  his  services  as  pilot  to  such 
vessel.    Any  person  not  holding  a  license  as  pilot  under  this 


T06 


DUTIES  OF  SANDY  HOOK  PILOTS. 


PorHonn  not 
holding  o 
HeenBO. 
62  N.  Y.009; 
45  Id.  410; 
59  Id.  131. 


Penaltj  • 


1853,  ch.  407, 
$23,  (is  amended 

1854,  ch.  198,  $5, 
Couip.  1014. 
Piloting  with- 
out license. 

fO  N.  V  MS; 
13  N.  Y. '  OA 


l8M.cli.358,  ?.4. 
Comp.  10.^. 
Duty  of  pilots. 


Id.  ?35. 
ns  nmrnded 
1865,  ch.  592,  J8, 
Comp.  10.3. 
Duty  of  pilots 
in  certain  ctS  's. 


1865,  ch.  V12,  jpl, 
C'onip.  1647. 
Action,  how 
prosecuted. 


title,  6r  under  tlio  laws  of  the  State  of  New  Jersey,  who  shall 
pilot,  or  offer  to  pilot,  any  ship  or  vessel  to  or  from  the  port  of 
New  York  hy  the  way  of  Sandy  Hook,  except  such  as  are 
exempt  by  virtue  of  this  title,  or  any  master,  or  person  on 
hoard  a  steam  tug  or  tow  hoat,  who  shall  tow  such  vessel  or  ves- 
sels, shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction, 
shall  be  punished  by  a  tine  not  exceeding  one  hundred  dollars, 
or  imprisonment  not  exceeding  sixty  days  ;  and  all  persons 
employing  a  person  to  art  as  pilot,  not  holding  a  license  under 
this  title,  or  under  the  laws  of  the  State  of  New  Jersey,  shall 
forfeit  and  pay  to  the  hoard  of  commissioners  of  pilots  the  sum 
of  one  hundred  dollars.  This  section  shall  not  apply  to  vessels 
propelled  wholly  or  in  part  hy  steam,  owned  or  helonging  to 
citizens  of  the  United  State-,  and  licensed  and  ongagod  in  tl*> 
coasting  trade. 

^  21  20.  Any  person  not  holding  a  license  as  pilot  under  this 
title,  or  under  the  laws  of  the  State  of  New  Jersey,  who  shall 
pilot  or  offer  to  pilot  any  ship  or  vessel,  not  emhraced  in  the 
preceding  section,  to  or  from  the  port  of  New  York,  hy  the  way 
of  Sandy  Hook,  shall  he  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  shall  be  punished  hy  a  tine  not  exceeding  one 
hundred  dollars,  or  imprisonment  not  exceeding  sixty  days;  and 
all  persons  employing  a  person  to  act  as  pilot  not  holding  a 
license  under  this  title,  or  under  the  laws  of  the  State  of  New 
Jersey,  shall  forfeit  and  pay  to  the  hoard  of  commissioners  of 
pilots  the  sum  of  one  hundred  dollars. 

§  2121.  It  shall  be  the  duty  of  each  branch  and  deputy  pilot 
belonging  to  the  port  to  use  his  utmost  endeavors  to  hail  every 
vessel  he  shall  discover  entering  the  port,  and  to  interrogate  the 
master  of  such  vessel  in  reference  to  all  matters  necessary  to 
enable  such  pilot  to  determine  whether  such  vessel  be  subject  to 
quarantine.  ■ 

§  2122.  If  from  the  answers  obtained  from  such  inquiries  it  shall 
appear  that  such  vessel  came  from  a  port  where  any  quarantinable 
disease  existed  at  the  time  of  her  departure,  or  that  any  case  of 
such  disease  shall  have  occurred  on  board  of  her  during  the  pas- 
sage, the  pilot  shall  immediately  direct  the  master  of  the  vessel  to 
proceed  and  anchor  such  vessel  at  the  quarantine  anchorage  in  the 
lower  bay.  In  other  cases  of  vessels  liable  to  quarantine  he  shall 
direct  the  masters  thereof  to  proceed  and  anchor  such  vessels  at 
such  point  as  shall  be  assigned  by  the  quarantine  commissioners 
as  an  anchorage  for  such  vessels. 

§2123.  All  actions  and  proceedings  by  the  commissioners  of 
pilots  to  enforce  any  liability  or  to  recover  any  fines,  penalties  or 
forfeitures  given  by  law  to  such  officers,  or  to  the  board  of  com- 
missioners of  pilots,  may  be  brought  and  prosecuted  by  such 


APPOINTMENT  OF  tiELL  GATE  PILOTS.  7"7 

officers  in  the  name  of  the  hoard  of  commissioners  of  ])ilot s;  and 
wherever  by  law,  any  notice  is  required  to  lie  given  hy  said  offi- 
cers, or  by  the  said  hoard,  a  notice,  signed  hy  tin-  president  for 
the  time  being  of  the  hoard,  and  containing  a  copy  of  the  section 
under  or  in  pursuance  of  which  such  notice  is  given,  shall  be  :i 
sufficient  compliance  with  the  requirements  of  the  law  in  respect 
.  to  the  giving  of  such  notice;  provided  the  said  board  shall,  hy  SStdSSSon; 
the  vote  of  a  majority  thereof,  within  twenty  days  after  the  giv- 
ing  of  such  notice,' ratify  and  adopt  the  same  as  the  act  of  said 
hoard;  but  this  section  shall  not  apply  to  any  notice  to  he  given 
in  the  progress  of  any  action  or  special  legal  proceedings. 


mie  2.  -Hell  dale  Vildts 


§  2124.  There- shall  he  appointed,  in  the  manner  hereinafter  gJAS 
directed]  fit  and  proper  persons  to  act  as  pilots  for  the  safe  pilot-  rnoutobe 

'  *      1       *  1  '  appointed. 

age  of  vessels  through  the  channel  of  the  East  river,  commonly  w  Abb.  so. 
called  Hell  Gate,  who  shall  he  known  as  Hell  Gate  pilots,  and 
hold  their  offices  during  good  behavior;  and  all  those  who,  on 
April  fifteenth,  eighteen  hundred  and  forty-seven,  were  pilots 
hy  the  way  of  Hell  Gate,  shall  be  considered  as  pilots  under  this 
title. 

§  2127».  All  pilots  hereafter  to  he  appointed  shall  he  appointed  T'£MinaiWi 
hy  the  governor,  by  and  with  the  consent  of  the  senate,  and  sioned  °.n j*0- 
shall  he  commissioned  hy  the  governor  in  like  manner  as  all  of 
other  persons  appointed  to  office  hy  him  with  the  consent  of  the 
senate.    It  shall  he  the  duty  of  the  hoard  of  wardens  of  the  port 
of  New  York  to  recommend  such  suitable  and  experienced  per- 
sons to  act  as  such  pilots  as  shall  apply  for  such  recommenda- 
tion, and  to  make  a  list  of  the  person  or  persons  so  recommended; 
which  list  shall  he  transmitted  to.  the  governor  of  the  State,  ame§nfle*s18ri 
whose  duty  it  shall  be  to  present  the  same  to  the  senate  for  their  ^k^3' 
confirmation  or  rejection.    It  shall  not  he  lawful  for  any  Hell  »pp«sth»' 

*  t  prohibited. 

Gate  pilot  to  take  any  apprentice  in  his  said  trade  or  profession 
of  Hell  Gate  pilot. 

§  2126.  The  board  of  wardens  of  the  port  of  New  York  shall 
have  power  and  authority  to  make  and  establish  such  rules,  establish  mi** 
orders  and  regulations,  not  inconsistent  with  the  constitution 
and  laws  of  this  State,  or  of  the  United  States,  or  of  the  pro- 
visions of  this  title,  for  the  better  government  of  said  pilots;  and 
with  such  fines  and  penalties  for  the  breach  thereof  as  the  said 
board  of  wardens  may  from  time  to  time  direct;  and  to  revoke, 
annul  or  alter  the  same  as  often  as  they  may  deem  proper  and 
expedient.  Said  board  of^wardens  shall  have  such  rules,  orders 
and  regulations  entered  at  length  upon  the  minutes  of  said 
board,  and  shall  furnish  to  each  of  said  pilots  a  copy  of  said  rules, 


» 


708 


DUTIES  AND  KIGHTS  OF  HELL  GATE  PILOTS. 


orders  and  regulations,  and  shall  furnish  each  of  said  pilots  with 
a  copy  of  any  additional  rule,  order  or  regulation,  or  of  any 
abrogation,  alteration  or  amendment  thereof. 
Bomp  low.  §2127.  Said  board  of  wardens  shall  have  cognizance  of  all 

JteSfceof^m^*0111?^?*8  ma(1°  against  any  or  either  of  said  pilots  for  official 
plaints.  misconduct.    I'pon  the  reception  of  any  complaint  as  aforesaid, 

against  either  of  said  pilots,  it  shall  he  the  duty  of  said  board  of 
wardens  to  furnish  the  pilot  complained  of  with  a  copy,  in 
writing,  of  said  cause  of  complaint;  which  copy  shall  contain, 
as  near  as  may  be,  a  full  specification  of  the  charges  pre- 
ferred against  said  pilot,  with  a  notice  affixed  thereto  of  the 
time  (not  less  than  six  days)  and  place,  when  they,  the  said 
board  of  wardens,  may  or  shall  require  said  pilot  to  appear 
before  said  board  to  answer  the  charges  made  against  him; 
but  no  charge  shall  be  received  unless  the  same  is  verified 
by  the  oath  of  the  person  preferring  the  same.     Upon  said 
pilot  appearing  before  the  board  of  wardens  it  shall  be  their 
duty  to  take  testimony  and  to  examine  into  the  facts  and 
circumstances  of  the  case,  and  if  after  a  full  hearing  of  the  case, 
and  of  competent  proof,  tending  to  establish  said  charge,  a 
majority  of  the  whole  board  of  wardens  shall  deem  said  pilot 
guilty  of  official  misconduct,  they,  the  said  board  of  wardens, 
shall  have  full  power  and  authority  to  suspend  said  pilot.  It 
shall  be  the  duty  of  said  board  of  wardens  to  transmit  to  the 
governor  of  this  State,  within  ten  days  after  such  suspension,  a 
full  account  of  their  proceedings  in  the  premises  with  a  copy  of 
the  complaint  and  specifications,  and  also  a  copy  of  the  testi- 
mony taken  in  the  case.    It  shall  be  the  duty  of  the  governor, 
upon  a  review  of  the  whole  matter,  either  to  remove  the  said 
pilot  from  office,  or  to  annul  or  confirm  his  suspension,  as  to 
him  shall  appear  Just  and  proper  in  the  premises. 
comp.hlwu.§■''',       §  .2128.  It  shall  be  the  duty  of  the  said  pilots  to  keep  two  or 
twoor'more11    niore  good  and  sufficient  deck  boats,  of  not  less  than  twenty 
deck  boats.      {.Qns  burden,  on  tne  East  river,  and  no  more  than  seven  pilots 
shall  be  interested  in  one  deck  boat;  and  no  person  who  is  not  a 
regularly  licensed  Hell  Gate  pilot  shall  own  any  part  of  any 
boat  engaged  in  the  said  pilot  business,  under  the  pain  of  a  for- 
feiture of  such  parts  or  shares  owned  by  him,  to  be  sued  for  and 
recovered  by  the  said  board  of  wardens;  and  all  deck  boats  be- 
longing to  said  Hell  Gate  pilots  shall  be  registered  in  the  office 
of  the  said  board  of  wardens. 
coinp.i65d.  §2120.  It  shall  be  lawful  for  any  such  pilot  to  demand  and 

a^eeto°LpUot    receive  from  any  person  who  shall  employ  any  of  them  to  pilot 
charged.        any  vessei  0f  the  burden  of  ninety-five  tons  and  upwards,  or  from 
the  consignee  or  owner  of  said  vessel,  from  the  eastward-  of 
Sand's  Point  or  Execution  Eocks,  or  take  charge  of  any  such 
vessel  at  or  to  the  eastward  of  Sand's  Point  or  Execution  Rocks, 


HF.U,  ( i ATI!  PILOTS. 


709 


and  pilot  her  to  the  port  of  NYw  V.»rk,  or  t<>  pilot  her  from  the 
port  of  New  York  to  Sand's  Point  or  Execution  Rocks,  for  every 
vessel,  one  dollar  and  fifty  cents  for  each  and  every  foot  of 
water  such  vessel  may  draw  ;  and  from  the  eastward  of  Hell 
Gate  to  the  port  of  New  York  one  dollar  for  each  and  ever] 
foot  of  water  such  vessel  may  draw  ;  and  for  pilotage  from  the 
port  of  New  York  to  the  eastward  of  either  of  the  hefore  men- 
tioned points  or  places  they  shall  he  t  ut  il  led  to  receive  the  same 
compensation  as  is  above  provided  when  the  said  vessel  is  bound 
to  the  port  of  New  York.  And  every  pilot  shall,  for  such 
such  services,  he  entitled,  in  addition  to  the  above-mentioned 
rates  of  compensation,  to  demand  and  receive  the  further  sum 
of  twenty-five  cents  for  each  and  every  foot  of  water  which 
any  square-rigged  vessel  may  draw  which  they  shall  pilot  to  or 
from  the  port  of  New  York  :  and  every  Mich  pilot  who  shall 
have  piloted  any  ship  or  vessel  into  the  port  of  New  York  by 
the  way  of  Hell  Gate  shall  be  entitled  to  a  preference  in  piloting 
the  said  ship  or  vessel  out  of  the  said  port  on  the  next  outward  . 
voyage  of  the  said  ship  or  vessel,  if  the  said  voyage  be  by  the 
way  of 'Hell  Gate.  And  further,  from  the  first  day  of  No- 
vember to  the 'first  day  of  April  in  every  year,  every  such  Hell 
Gate  pilot  shall  be  entitled  to  demand  and  receive  for  every  ship, 
barque  or  brig  the  sum  of  two  dollars,  and  for  every  schooner 
or  sloop  the  sum  of  one  dollar,  in  addition  to  the  rates  of  com- 
pensation for  pilotage  hereby  established.  But  no  pilotage  shall  issi.ch.  49a. 
be  charged  to  any  vessel  under  a  coastwise  license  unless  such 
vessel  actually  employs  a  pilot.  And  every  master  or  commander 
of  any  vessel  who  shall  give  to  such  Hell  Gate  pilot  an  untrue 
account  of  the  draught  of  water  or  tonnage  of  his  vessel  shall 
forfeit  and  pay  the  sum  of  twenty-five  dollars,  to  be  sued  for  ami 
recovered  by  the  said  board  of  wardens. 

§2130.  A  person  other  than  a  lawfully  authorized  branch  mi.  en.  6r<j. 
Hell  Gate  pilot,  who  pilots,  or  offers  to  pilot,  or  tows  or  offers  unlicensed 
to  tow,  any  boat  or  vessel  (except  barges,  vessels  under  fifty-five  pilotm*- 
tons  burden,  and  canal  boats  actually  used  in  navigating  the 
canals),  through  that  part  of  the  East  river  commonly  called 
Helf  Gate,  is  guilty  of  a  misdemeanor.    This  section  does  not  coasting 
apply  to  vessels  propelled  wholly  or  partly  by  steam,  owned  or  cepted™ ex 
belonging  to  citizens  of  the  United  States,  and  licensed  and 
engaged  in  the  coasting  trade. 

§2131.  Any  of  said  Hell  Gate  pilots,  who  shall  first  tender      <*■  g .v. 

v  J  1  '    »  as  amended 

his  services,  mav  demand  and  receive  from  the  master,owner,or      ^SSh W 

'         •  '  '        Comp.  1600. 

consignee  of  any  vessel  of  the  burden  of  one  hundred  tons  and  puotsnrst  u?n- 

upward,  navigating  the  said  channel  of  Hell  Gate,  to  whom  he  if  refused,  to 

shall  have  tendered  his  services  as  a  pilot,  and  by  whom  the  nwi  paui^e 
same  shall  have  been  refused,  whether  outward  or  inward 


710 


SELL  GATE  PILOTS. 


Not  to  be 
eharReablo 
moru  thnn 
once. 


When  to  apply 
to  certain  ves- 
sels under 
coast  irtoe 
license. 


Proviso  as  to 

jrovenimenl 

vessels. 


Id.  J8. 
Comp.  1651. 
Allowance  for 
extra  service. 


Id.  $10, 

as  amended 

)W5,  ch.  115,  $4 


l8oC,cli.  156,  §11. 
Comp.  1653. 
Pilotage  re- 
fused, how  to 
be  recovered. 


hound,  one-half  pilotage  for  every  foot  of  w  ater  such  vessel  may 
draw;  which  half  pilotage  shall  he  the  one-half  of  the  rates  of 
compensation  estahlished  by  the  preceding  section.  But  such 
half  pilotage  shall  not  be  chargeable  to  any  vessel  under  one 
hundred  tons  burden  sailing  under  coastwise  license,  and  shall 
not  be  chargeable  more  than  once  for  the  same  passage  to  any 
vessel;  and  in  case  any  such  vessel  under  one  hundred  tons 
burden,  navigating  the  said  channel  to  or  from  the  port  of  New 
York,  shall  make  the  usual  signal  for  a  pilot,  and  shall  refuse 
to  receive  on  board  or  employ  such  pilot  when  lie  shall  have 
tendered  his  services,  then  the  master,  owner  or  consignee  of 
such  vessel  shall  pay  to  such  Hell  Gate  pilot  such  half  pilotage 
from  the  place  at  which  such  pilot  shall  have  so  offered  his 
services.  Any  pilot  who  shall  pilot  any  government  vessel 
through  the  said  channel  shall  be  entitled  to  receive  the  same 
compensation  therefor  as  is  provided  by  law  for  like  services  in 
piloting  such  vessel  to  or  from  the  port  of  New  York  by  the 
way  of  Sandy  Hook. 

§  2132.  The  master,  owner,  or  consignee  of  any  ship  or 
vessel,  to  whom  any  Hell  Gate  pilot  shall  have  rendered,  upon 
the  request  of  the  master  of  said  ship  or  vessel,  any  extra 
service  for  the  preservation  of  said  ship  or  vessel  while  in 
distress,  shall  pay  to  said  pilot,  in  addition  to  the  compensation 
set  forth  in  the  last  section  but  one,  such  amount  for  extra 
services  as  the  board"  of  wardens  shall  determine  to  be  a  rea- 
sonable reward  ;  and  for  every  day  w  hich  any  Hell  Gate  pilot 
shall  be  detained  on  board  any  ship  or  vessel,  over  and  above 
twenty-four  hours,  he  may  demand  and  receive  from  the  master, 
owner,  or  consignee  of  said  vessel  two  dollars  a  day  for  each  and 
every  day  he  shall  be  so  detained. 

§  2133.  This  title  shall  not  be  construed  to  apply  to  the 
passenger  steamboats  plying  on  regular  passenger  routes  this 
side  or  to  the  westward  of  Cape  Cod.  And  all  foreign  vessels, 
and  vessels  under  register  navigating  the  channel  of  Hell  Gate, 
who  shall  be  spoken,  shall  be  subject  to  the  pilotage  fees* 
as  provided  in  section  twenty-one  hundred  and  thirty,  to  the 
first  pilot  who  tenders  his  services. 

§  2134.  The  pilotage  authorized  to  be  collected  whenever  a 
pilot  shall  be  refused  by  a  vessel  navigated  by  steam,  shall  be 
sued  for  and  recovered  in  the  name  of  the  port-wardens  of  the 
port  of  Xew  York,  before  any  district  court,  or  before  any  jus- 
tice of  the  peace*;  and  such  half  pilotage,  when  recovered,  after 
paying  necessary  costs  and  charges,  shall  be  deposited  in  a 
savings  bank  of  said  city,  and  constitute  a  charitable  fund,  to 
be  disposed  of  for  the  benefit  of  indigent  widows  and  orphan 


HELL  « ;  VI »:  PILOTS.  7  1 1 

children  ol  deceased  HeltGate  pilots,  under  the  direction  of  said 
wardens. 

§  2135.  If  any  pilot  shall  misbehave,  when  in  tin-  execution  of  -  \  i  aim, 

his  tint  v,  it  shall  and  may  be  lawful  t<>  and  for  the  hoard  ol  i-ii.,m<,r.i.-P 

,  >    .    »  -  •  it  .    ,        ,.  tie*  who  BU6 

wardens,  on  complaint*  thereof  made  to  them,  to  ;t[»]»<»mt  a  tunc  imv, - r. . ■.. »n. 

11         j*  i       •  «         *    ri.  »ni       •         or  impended, 

and  place  ol  hearing,  whereof  fifteen  days  notice  shall  be  given 

to  such  pilot,  and  on  due  proof  being  made  to  tin-  said  hoard 

of  wardens,  to  their  sat isfaet  ion.  of  misbehavior  of  such  pilot, 

to  fine  such  pilot  therefor  in  any  sum  not  exceeding  twenty  five 

dollars,  or  to  suspend  him  for  any  term  which  the  said  hoard 

may  think  proper:  Provided  always,  that  nothing  herein  con-  Ppovl*<1 

tained  shall  he  so  construed  as  to  prevent  the  owner  or  consignee 

of  such  vessel,  or  any  other  person  or  persons,  from  recovering 

his  or  their  damages,  if  any,  by  occasion  of  such  misbehavior  of 

such  pilot  in  any  court  having  cognizance  of  the  same. 

§2130.  If  any  pilot  shall  negligently  or  carelessly  lose  any  i8i9.cn. is.  |ia 

vessel  under  his  care,  and  he  thereof  convicted  by  due  course  of  iCni^m-nt  <r 

law,  he  shall  forever  after  such  conviction  be  incapable  of  acting  £t« ' !  I '' " 

as  a  pilot  or  a  deputy  pilot  in  this  State;  and  if  any  pilot  shall 

ruu  any  vessel  on  shore  he  shall  not  be  entitled  to  any  pilotage 

for  such  vessel. . 

§2137.  In  case  of  the  suspension  of  any  pilot,  such  pilot  so  w.  sio. 
suspended  shall  forthwith  deliver  up  his  branch  or  license  to  the  to  deliver  iip 
said  board  of  wardens  to  be  by  them  kept  until  the  time  for 
which  he  shall  be  so  suspended  shall  he  expired,  under  the  pen- 
alty of  one  hundred  dollars  for  each  and  every  refusal  so  to  do. 

>>  213S.  The  wardens,  or  either  of  them,  or  any  other  person  E^but-jitota 
not  being  a  branch  pilot,  shall  not  be  concerned,  directly  or  in-  totbeboS«^ 
directly,  in  any  pilot  boat  or  with  any  pilot  in  respect  to  the 
business  of  his  trust. 

§2139.  The  said  board  of  wardens  shall  furnish  every  pilot  m.§ir 
aforesaid  with  printed  instructions,  to  be  shown  by  such  pilot  to  i£oXitasi 
the  master  or  commander  of  every  vessel  as  soon  as  he  shall  go  on  %neV?0b£il0U 
board  to  take  charge  of  such  vessel  to  pilot  her  into  the  said  port,  and  dePu,ies 
under  the  penalty  of  ten  dollars  for  each  and  every  neglect  or 
refusal. 

§2140.  In  case  the  owner  or  consignee  of  any  strip  or  vessel  !>•  *-" 
shall  not  he  satisfied  with  the  amount  of  pilotage  charged  against  puou^wV 
such  ship  or  vessel  by  the  branch,  for  the  pilotage  of  such  ship  wardens  in 
or  vessel  to  or  from  the  port  of  New  York,  it  shall  be  the  duty  caseof  ta,mte' 
of  such  pilot  to  have  the  amount  of  pilotage  claimed  by  him  as 
aforesaid  taxed  or  certified  by  the  hoard  of  wardens,  who  are 
hereby  required  to  examine  and  certify  the  same,  without  fee  or 
reward;  and  no  suit  or  action  shall  be  brought  or  maintained  for 
such  pilotage  until  the  same  shall  be  taxed  or  certified  as  afore- 
said. 


712 


FINKS  RECOVERED  BY  PORT  WARDENS. 


Id.  |80 
Penalty  for 
Intoxication. 


Id.  $«. 

Fines,  etc.  how 
to  be  applied. 


§  2141.  In  order  to  prevent  intoxication  in  persons  having  the 
charge  of  ships  and  vessels,  as  pilots,  if  any  branch  pilot  shall 
become  intoxicated  in  charge  of  any  ship  or  vessel,  as  pilot, 
he  shall,  for  the  tirst  offi  nse,  forfeit  bis  pilotage,  he  suspended 
from  duty  for  six  months,  and  in  addition  thereto  forfeit  and 
pay  fifty  dollars  to  tlietllistees  of  the  Pilots"  Charitable  Society; 
and  for  the  second  offense  be  deprived  of  his  license,  and  he  for- 
ever thereafter  incapable  of  acting  as  a  pilot:  Provided  always, 
that  the  penalties  aforesaid,  or  any  other  forfeitures  or  penalties 
incurred  hy  virtue  of  this  title,  or  hy  the  rules  and  regulations  of 
the  wardens,  made  in  conformity  with  this  title,  shall  not  he  in- 
flicted until  such  pilot  shall  tirst  have  been  summoned. 

§  -l\\->.  All  forfeitures,  fines  and  penalties  which  shall  or  may 
be  recovered  and  received  hy  the  said  hoard  of  Wardens  under 
and  hy  virtue  of  this  title,  and  not  otherwise  appropriated,  shall 
he  applied,  in  the  first  instance,  for,  in  or  towards  the  payment 
of  such  costs  of  suit  and  dishursements  of  the  said  hoard  of  war- 
dens in  their  prosecutions  and  proceedings,  under  this  title, 
against  offenders,  as  shall  not  he  received  by  them  from  the  party 
or  parties  so  prosecuted  or  proceeded  against;  and  the  overplus 
and  residue  thereof,  if  any  overplus  there  should  he,  shall  he  ac- 
counted for  and  paid  over,  on  the  first  Monday  of  June,  in  each 
and  every  year,  to  the  Pilots'  Charitable  Fund,  in  the  city  of 
New  York,  for  the  use  and  henefit  of  that  association. 


CHAPTEB  XXIX. 


EFFECT  OF  THIS  ACT. 


njjul^VDt  §  2143.  Tins  act  shall  not  affect  any  offense  committed  or 
tuwact.  right  of  removal  accrued  prior  to  the  time  when  it  takes  effect, 
and  all  penalties  and  forfeitures  incurred  under  any  statute 
superseded  or  repealed  hy  this  act  prior  to  the  time  when  it 
takes  effect  may  be  prosecuted  and  punished  in  the  same  man- 
ner and  with  the  same  effect  as  if  this  act  had  not  been  passed. 
Nor  shall  this  act  affect  any  right  accrued  or  acquired  prior  to 
the  time  when  it  takes  effect,  nor  create  a  vacancy  in  any  office 
or  employment. 

Sections  one  hundred  and  eighteen,  ten  hundred  and  seventy- 
four,  ten  hundred  and  seventy-six  to  ten  hundred  and  eighty-five 
inclusive,  ten  hundred  and  eighty-seven,  eleven  hundred  and 
ten,  eleven  hundred  and  eleven,  eleven  hundred  and  fourteen, 
eleven  hundred  and  fifteen,  eleven  hundred  and  seventeen,  eleven 
hundred  and  twenty-three,  eleven  hundred  and  twenty-five  to 
eleven  hundred  and  sixty-nine,  eleven  hundred  and  eighty-three 
to  twelve  hundred  and  three  inclusive,  twelve  hundred  and  five, 
twelve  hundred  and  eight  to  twelve  hundred  and  forty-eight  in- 
m  elusive,  twelve  hundred  and  fifty  to  twelve  hundred  and  seventy- 
four  inclusive,  twelve  hundred  and  seventy-six,  twelve  hundred 
and  seventy-seven,  twelve  hundred  and  eighty-four,  twelve  hun- 


HOW  THIS  ACT  SHALL  HK  CONSTKl  KI). 


718 


died  and  eighty-five,  except  subdivisions  nine,  eleven  and 
twelve,  twelve  hundred  and  eighty-six,  except  subdivisions  four 
and  five,  twelve  hundred  and  eighty-seven,  twelve  hundred  and 
eighty-iight,  twelve  hundred  and  ninety  six,  thirteen  hundred 
and  one,  thirteen  hundred  and  seven,  thirteen  hundred  and 
wight,  thirteen  hundred  and  eleven  to  thirteen  hundred  and  four- 
teen inclusive,  thirteen  hundred  and  sixteen  to  thirteen  hundred 
and  forty-six  inclusive,  thirteen  hundred  and  forty-nine  to  thir- 
teen hundred  and  fifty-seven  inclusive,  thirteen  hundred  and 
fifty-eight  to  thirteen  hundred  and  sixty  inclusive,  thirteen  hun- 
dred and  seventy-one,  thirteen  hundred  and  eighty-three,  thir 
teen  hundred  and  ninety-two  to  thirteen  hundred  and  ninety- 
seven  inclusive,  fourteen  hundred  and  five, 'fourteen  hundred  and 
twenty-one,  fourteen  hundred  and  twenty-four,  fourteen  hun- 
dred and  thirty-eight,  fourteen  hundred  and  sixty-two,  fourteen 
hundred  and  ninety-four,  fourteen  hundred  and  ninety-five  to 
fifteen  hundred  and  two  inclusive,  fifteen  hundred  and  seven, 
fifteen  hundred  and  twelve,  fifteen  hundred  and  fourteen  to  fif- 
teen hundred  and  seventeen  inclusive,  the  last  clause  of  section 
fifteen  hundred  and  eighteen,  sections  fifteen  hundred  and 
twenty- six  to  fifteen  hundred  and  twenty-nine  inclusive,  fifteen 
hundred  and  sixty  nine  to  fifteen  hundred  and  seventy-two  in- 
clusive,' fifteen  hundred  and  seventy-six  to  fifteen  hundred  and 
eighty-two  inclusive,  fifteen  hundred  and  ninety-three,  sixteen 
hundred  and  fifty-two  to  sixteen  hundred  and  ninety-eight  in- 
clusive, seventeen  hundred  and  fifteen,  seventeen  hundred  and 
sixty-five  and  seventeen  hundred  and  seventy-nine  of  this  act 
being  intended  only  to  contain  the  substance  of  certain  sec- 
tions of  the  code  of  civil  procedure  or  of  the  code  of  criminal 
procedure,  or  of  amendments  thereof,  shall  not  be  construed 
as  making  any  new  enactment,  or  as  repealing,  modi- 
fying, amending  or  superseding  any  provision  of  either  of 
said  codes,  or  any  amendments  thereof ,  but  shall  be  treated  and 
considered  as  embraced  in  this  act  solely  in  order  that  it  may 
contain  all  provisions  of  existing  laws  which  are  of  special  appli- 
cation in  the  city  of  New  York.  Sections  thirteen  bundl  ed  and 
seventy-one  to  thirteen  hundred  and  seventy-six  inclusive,  fif- 
teen hundred  and  thirty-nine,  sixteen  hundred  and  thirty-seven 
to  sixteen  hundred  and  fifty  inclusive,  shall  in  like  manner  be 
treated  and  considered  as  making  no  new  enactment,  but  as  em- 
braced in  this  act  for  the  same  reason. 

For  the  purpose  of  determining  the  effect  of  this  act  upon  other  Ske  effect!' 
acts,  except  the  penal  code,  and  the  effect  of  other  acts,  except 
the  penal  code,  upon  this  act,  this  act  is  deemed  to  have  been 
enacted  on  the  first  day  of  January,  in  the  year  eighteen  hundred 


Til 


TIM K  OF  TAKING  KFFKCT. 


and  eighty-two;  all  acts  passed  after  such  date  and  the  penal 
code  are  to  have  the  same  effect  as  if  they  were  passed  after  this 
act.  This  act  shall  take  effect  on  the  first  day  of  March, 
eighteen  hundred  and  eighty-three.  This  act  may  he  cited  as 
the  New  York  City  Consolidation  Act  of  Eighteen  'Hundred 
and  Eighty-two. 


in  i)  i  :x. 


A. 

Section. 

ABATEMENT  OP  NUISANCE: 

By  suit  636-648 

General  powers  as  to   688 

.1  ml  »•<•  HKALTH,  DhTAKTMENT  OK 

ABANDONMENT  BONDS  sued  in  district  courts  ■   134s 

To  be  satisfactory  to  Commissioners  of  Charities   423 

A  BAN  DONMENT  OF  FAMILY,  how  punished   1454 

ABSTRACTS,  WEEKLY,  of  work  of  departments   51 

ACADEMY  OF  DESIGN,  exempt  from  litxation  !   824 

ACCIDENTS,  prevention  of   388 

ACCOUNTS  OF  THE  CORPORATION: 

Forms  of  keeping  and  rendering   123 

Subject  to  inspection  by  officers  of  finaucc  department   123 

Adjustment  and  settlement  of   123 

Bureau  for  audit  and  settlement  of   136 

ACCOUNTS.  COMMISSIONERS  OF: 

See  COMMISSIONERS  OF  ACCOUNTS. 

ACCOUNTS  OF  CITY  TREASURER: 

.sve  CHAMBERXiAIN. 

ACCOUNTABILITY  of  officers   95 

ACIDS,  storage  of  456,  401 

ACKNOWLEDGEMENTS,  justices  of  district  courts  may  take   1391 

ACTIONS  AGAINST  CITY: 

What  courts  have  jurisdiction  of  . .  110:! 

What  necessary  to  maintain   1104 

Costs  in  ♦  f   1104 

On  what  persons  summons  and  process  served  '  1080.  110"> 

Not  to  be  maintained  unless  claim  first  presented  to  comptroller   1104 

None  to  be  maintained  for  advertising  except  us  authorized   G6 

ACTIONS  FOR  PENALTIES: 

For  violations  of  laws  or  ordinance-,  in  what  name  to  be  brought   216. 

515,  G16.  617,  622 

To  be  conducted  by  whom   216,  431.  616,  589,  617 

ADMINISTRATION,  letters  of,  to  public  administrator   2:'>0 

ADMIN  I STRATOR,  PUBLIC : 

See  PUBLIC  ADMINISTRATOR 

A  DM  I N I  ST  IIATOR.  T  E  M  PO  R  AR  Y : 

To  deposit  money   1200 

Penalty  for  failure  to  deposit   1201 

ADVERTISING  FOR  CORPORATION: 

To  be  done  at  public  expense  only  in  City  Record   66 

Brief  advertisements  may  be  inserted  in  certain  m-wspapcrs   66 

Newspapers,  number  and  selection  of   60 


716 


INDEX. 


Eh  i  tioit. 

A.LDERMEN,  BOARD  OF: 

[legislative  power  vested  in   29 

Xumber  an«l  election  of  niciuberi   29 

Term  of  office  of  members   29 

Vacancies  in.  how  tilled   29 

Aldermen  to  be  residents  of  districts   29 

Election  of  temporary  chairman   38 

Salaries   52 

Bribery  of  members  of   58 

Districts  elected  in   29 

Magistrate,  aldermen  not  to  sit  as  71,  1 49;j 

Quorum   70 

Certain  officers  entitled  to  seats  at  meetings   70 

Election  of  president   71 

Appointment  of  clerk  and  officers   71 

To  determine  rules  of  procedure    71 

To  pass  upon  election  and  qualification  of  members   71 

To  sit  with  open  doors   71 

Forfeiture  of  rights  by  members,  on  expulsion  from   72 

Ordinances  and  resolutions  of  74  75 

.!»</  Me  OKDINAMT.S  AND  KJCSOIATIONS 

Restrictions  upon  legislative  power  74,  81 

( 'erlain  ordinance- jis  to  sjdaries  void   96 

Ordinances  of,  continued*!  11  force   56 

General  powers   85 

Special  subjects  of  legislation  by   86 

To  exercise  powers  and  duties  of  board  of  supervisors   83 

acts  of,  to  be  approved  by  mayor  „   83 

majority  required  to  pass  resolutions,  etc   83 

Must  prescribe  certain  salaries  by  ordinance   97 

Ordinances  regulating  contracts   04 

May  pass  oidin:  •-  for  I"  Iter  01  ionization,  etc  .  of  departments.   .  9~> 

Pass  ordinances  as  to  anchorage  in  track  of  ferries   86 

Ordinances  of,  to  be  codified  and  published   99 

To  cause  records  of  criminal  business  to  be  made   98 

To  designate  buildings  for  jails  :   90 

To  assign  place-  for  holding  criminal  courts  91,  1306 

To  assign  places  for  holding  district  courts   92 

To  appoint  physician  to  county  jail   93 

Arrange  with  Queens  County   82 

To  pass  upon  provisional  estimates   189 

To  pass  upon  nomination  of  excise  commissioners   109 

May  close  street  opened  without  their  consent  *.   94 

To  provide  for  accountability  of  and  security  from  officers   95 

Appointment  of  commissioners  of  deeds  by   100 

Are  trustees  of  city  and  county   101 

Violations  of  law  by  members   102 

Individually  liable  in  certain  cases   102 

Consent  of,  to  appointments  by  mayor   106 

Repavement  of  streets,  when  to  be  directed  by  -   321 

Taxes,  provisions  in  reference  to.  levying  by  212-214 

What  to  include  iu  tax  levy   830 

Special  meeting  of,  to  receive  assessment  rolls   828 

Duties  of  as  to  tax-rolls  829-833 

Penalty  for  neglect  of  duty  as  to  tax  rolls   834 

To  rill  vacancy  in  office  of  surrogate   1180 

To  authorize  surrogate  to  appoint  clerks   1191 

Fix  salaries  of  clerks  appointed  by  surrogate   1191 

May  require  security  from  clerk  of  superior  court   1170 

When  to  appoint  person  to  examine  guardian's  accounts   1203 

To  require  security  from  surrogate's  assistants   1204 

To  provide  rooms  for  commissioner  of  jurors   1666 

Account  of  commissioner  of  jurors  transmitted  to   1691 

Work  and  supplies  furnished  by  what  vote   64 

Salaries  of  certain  officers,  may  fix   97 

Certain  legislation  relative  to  sinking  fund,  prohibited   179 

Assign  office  to  clerk  of  common  pleas   1170 

Assign  office  to  receiver  of  taxes   838 

Power  to  designate  buildings,  as  city  hall   1073 

as  common  jail   90 

Approve  stage  routes   1948 


[NDEX. 


717 


Section. 

ALDERMEN,  BOARD  OF {eoniimud)'. 

When  grant  utitliority  1<>  run  stages   •,    .......  10-17 

Proceedings  of,  published   wo 

May  direct  deepening  of  slips   781 

Regulate  fees  charged  for  searches  by  clerk  of  arrenrH  86,  953 

Report  of  chamberlain  to   104 

Report  of  commissioners  of  accounts  to   164 

(trades,  powers  of,  as  to  establishing  and  altering   1962 

President  of, 

election  of   71 

when  to  act  as  mayor   32 

member  of  hoard  of  estimate  and  apportionment   181) 

member  of  hoard  of  street  openings   955 

duties  of,  when  performed  by  temporary  chairman   33 

salary  of   52 

duty  of,  as  to  tax-rolls   831 

Clerk  of, 

appointment  of   71 

duties  of  .70-80 

to  keep  election  returns  unopened   190O 

certain  public  records  to  lie  deposited  with   78 

( lhairman  of  finance  committee  of,  one  of  commissioners  of  --inking  fund  170 

ALDERMEN  A  T  LARGE 

Number  to  be  elected  -   39 

How  to  he  voted  for   29 

ALIENS  : 

Duty  on  109,  '204:; 

ALTERATION  OF  BUILDINGS: 

s.-.  duildlnos 

AMERICAN  FEMALE  GUARDIAN  SOCIETY  : 

see  FEMALE  GUARDIAN  SOCIETY. 

AMERICAN  MUSEUM  OF  NATURAL  HISTORY: 

See  MUSEUM  OK  NATURAL  HISTORY. 

AMUSEMENT,  certain  places  of.  .suppressed   285 

And  tee  THEATRES  AND  PLACES  OF  AMUSEMENT. 

ANCHORS  : 

Not  to  be  dragged  over  pier    783 

ANIMALS  : 

Allowing  upon  sidewalks,  how  punished   1449 

ANIMALS  (DEAD):- 

Removal  of  •   507 

Not  thrown  into  harbor   749 

Transported  only  by  steam   752 

Boats  carrying,  permit  for   750 

to  be  propelled  by  steam   752 

penalty  for  violation   753 

ANNEXED  DISTRICT,  bonds  of   13S 

Andxee  TWENTY-THIRD  AND  TWENTY-FOURTH  WARDS. 

ANN1  AL  APPROPRIATIONS 

9M  ESTIMATE  AND  APPORTIONMENT.  BOARD  c  >l 

ANNUAL  ESTIMATE  : 

See  ESTIMATE  AND  APPORTION M ENT,  BOARD  <  >I\ 

APOTHECARIES  : 

See  PHARMACISTS. 

APPEARANCE,  in  district  court  1294,  129s 

APPEAL : 

From  order  of  removal  of  actions   1134 

From  district  courts  1438,  1439 

To  general  term  in  marine  court  1260,  1267 

From  general  term,  marine  court  1209-1271 

From  surrogate  :   1198 

To  common  pleas  from  marine  court  1209-1271 

Judgment  on   1272 

To  court  of  appeals  in  marine  court  cause   1279 

To  State  superintendent  of  public  instruction   1027 


718 


INDEX. 


Section. 

APPEAL  iroi,tiu»,il): 

By  board  bt  health,  security  in   1091 

From  special  sessions   1 593 

APPLICANT'S  for  appointment  in  police  department,  names  of,  published..  IW 

APPOINTMENT 

Of  commissioners  and  heads  of  departments   106 

Certificates  of   58 

No  compensation  to  Ik:  paid  for   59 

Names  of  applicants  for.  in  police  department,  published   268 

To  he  published  in  "City  Record"   51 

Of  subordinates  by  heads  of  departments   48 

APPRENTICES  : 

Commitment  of. . .'   1500 

APPORTIONMENT,  HOARD  OP  : 

Sec  EST  I  MA  TK  AND  AITOKTIONMKNT   lit  >A)tI>  OK. 

APPROPRIATIONS  : 

Transfer  of   204 

Transfer  of  unexpended  balances  of   207 

Surplus  of,  how  applied   207 

No  expenses  incurred  without   46 

Not  to  be  exceeded   46.  47 

Of  excise  moneys   210 

ARBITRATION,  COURT  OF   1780 

Procedure  in   1798 

Award  in   1799 

Judgment  on  award  lboi,  1802 

Execution  in   1802 

Rehearing  1798,  1800 

Arbitrator  appointed  by  governor   1780 

file  oath   1780 

Seal   1786 

May  issue  commissions   1798 

Costs  in   1803 

False  swearing  in   1804 

No  action  on  controversy  after  submission  to   1805 

Jurisdiction  of,  limited   1806 

Forms  and  rules  of  proceedings  in   1781 

Term  of  arbitrator   1780 

Mutilating,  etc..  records  of   1785 

Removal  of  arbitrator   1780 

Arbitrator  may  administer  oaths  '   1781 

take  acknowledgments   1781 

make  rules   1781 

Clerks'  duties  ■.   1785 

term   1784 

when  may  appoint  assistant*   1784 

How  awartl  enforced   1802 

Expenses  of  court-house  by  chamber  of  commerce  1782,  1783 

Arbitrator  to  interpret  contracts   1787 

Submission  to  arbitration   1788 

Jurisdiction  of,  over  members  of  chamber  of  commerce  1790-1792 

Additional  arbitrator  1793-1797 

ARMED  PERSONS,  when  guilty  of  misdemeanor   1445 

ARMORIES  AND  DRILL  ROOMS  : 

Lease  of,  appropriations  for  194  (sub.  6) 

ARMORY,  FOR  SEVENTH  REGIMENT  : 

Appropriations  for  fund  of  194  (sub.  5» 

ARREARS : 

Clerk  of, 

list  of  unpaid  taxes  transmitted  to   638 

fees  for  searches  by  .*. .    952 

may  be  regulated  by  ordinance  86  (sub.  38),  952 

duty  of,  respecting  sale  of  lands  and  tenements  for  unpaid  taxes,  etc.. 926 ,929 

bill  of  arrears,  etc..  to  be  furnished  by   951 

when  bill  given  by,  discharges  lien   951 

record  of  sales  for  taxes,  etc.,  to  be  kept  by   953 


INDEX.  "VJ 

Section. 

ARREARS  {umtinutd): 
Clerk  of. 

duly  to  procure  and  preserve  proof  of  publication  of  DOtlOM   954 

five  certificate  of  redemption   949 

advertise  sides  for  taxes,  etc   926 

conduct  sales  for  tuxes,  etc   929 

bid  in  for  city   931 

assign  purchases  made  for  city   981 

give,  notice  to  mortgagees,  lessees,  etc   930 

give  notice  to  redeem   941 

give  bills  of  arrears  of  taxes,  water  rents,  and  assessments   1)51 

Hureau  for  collection  of   125 

record  of  confirmed  assessments  kepi  in   915 

Of  water  rents  reported  by  commissioner  of  public  works   921 

Of  taxes  and  water  rates  charged  bureau  of  arrears   921 

Of  taxes  or  water  rents  added  to  tax-rolls  923-925 

Assessments  added  to   924 

ARREST: 

In  district  courts  1301.  1305 

Duty  of  marshal  in  cases  of  130s.  1310,  1315 

In  marine  court  1251-1253 

On  execution,  in  actions  by  female  employees   1086 

Under  game  laws. . . .'.   1306 

Willful  neglect  in  making,  a  misdemeanor   880 

"Without  warrant   278 

Reports  of   279 

Orders  of,  by  court  of  record,  issued  only  to  sheriff   1717 

Of  disorderly  persons   1461 

To  whom  certain  warrants  for.  directed   1494 

ARSON  OR  INCENDIARISM: 

Investigation  into  cases  of   460 

proceedings  in   466 

Arrest  of  persons  suspected  of   468 

ART: 

Gallery  of,  in  Central  Park,  annual  appropriation  for  L94(sub7) 

establishment  and  maintenance  of   693 

Metropolitan  museum  of,  contract  with,  by  department  of  parks   697 

ASHES: 

Removal  of  704,  708,  710 

Contract  for  sale  of   709 

In  streets   1936 

Not  to  be  thrown  into  harbor  746,  749,  780 

Scows  for,  to  be  stationed   747 

ASSAULT  AND  BATTERY: 

"When  complainant  may  be  ordered  to  pay  coits   1540 

w  hen  to  pay  fees   1566 

ASSAY  OFFICE: 

Ceded  to  United  States   1633 

Exempt  from  taxation   820 

ASSESSMENTS: 

Bureau  for  collection  of,  and  of  arrears  of   125 

On  city,  how  provided  for   139 

For  local  improvements,  to  be  paid  over  to  commissioners  of  sipkinir 

fund  178,  184 

Moneys  in  treasury,  received  from,  paid  into  sinking  fund  for  redemp- 
tion of  debt. ."   173 

also,  moneys  to  be  received  r   173 

For  deepening  slips   883 

Revision  and  correction  of  820,  822 

Confirmation  of  advertised  9  6.  997 

Vacating  and  modifying,  provisions  as  to  897,  914 

No  action  to  vacate   897 

Certain,  vacated  for  fraud  or  substantial  error  898.  902 

Reduced  for  irregularity  898,  902 

What  irregularities  not  ground  for  vacating  899,  902 

All  property  benefited  liable  to  899,  902 

Irregularity  in  sale,  no  ground  for  vacating  899.  902 


720 


INDEX. 


ASSESSMENTS  {continued) 

Order  vacating,  now  entered  900  902 

How  cancelled  900,  90S 

Several,  embraced  in  one  application  t<>  vacate  901,  902 

Certain,  not  to  lie  vacated,  but  reduced   903 

Not  reduced  below  proportionate  value   9o:i 

Proceedings  to  vacate  or  reduce,  to  be  brought  within  a  year  of  confir- 
mation   904 

Commission  to  vacate  or  modify  907-913 

Powers  and  duties  of  connnission  907-909 

When  lien  of,  not  affected  .".   913 

When  a  preferred  lien   91.", 

When  payable  in  installments   920 

When  party  paying,  may  collect  of  others  878,  883 

Effect  of,  Upon  landlords  and  tenants   878 

Deficiencies  in,  how  met  149,  ISO 

When  lands  sold  for,  taken  possession  of  by  city   935 

Sales  for. 

8m  sales. 

Fees  of  collector  of,  to  be  regulated  by  ordinance  SO  (sub.  38; 

Interest  on   918 

Within  what  time  confirmed  or  referred  back   867 

How  made  by  assessors   80S 

Assessors  to  give  notice  of  completion  of   871 

For  repaving  Streets  321,  875 

For  sewers  872,  878 

Tor  change  of  grades  873,  87G 

For  change  of  grades  in  Twenlv  third  and  Twcnt  v-fourlh  Wards   874 

For  paving  "  87.1,  878 

For  change  of  grade,  how  collected  . .  .  876 

For  relaying  pavements   877 

For  drains  and  vaults   878 

For  filling  lots   878 

For  fencing  lots   878 

For  drains,  vault-,  tilling  and  fencing,  how  collected   sTS 

For  new  street,  between  Tenth  avenue  and  Avenue  St.  Nicholas   879 

For  Spuvten  Duvvill  improvement   880 

Ahd  *■<■  8PUYTEX  DUYVILL  IMPROVEMENT 

•  For  removal  of  reservoir   896 

For  deepening  slips   882 

For  cisterns  or  pumps   884 

Record  of  confirmed,  to  be  kept   885 

For  Morningside  avenue,  when  board  for  revision  and  correction  of,  to 

act  on   906 

How  vacated  or  modified   907 

And  nee  STREETS,  etc. 

ASSESSMENTS,  BOARD  OF  REVISION  AND  CORRECTION  OF   867 

Quorum  of,  what  is   46 

Powers  and  duties  of   867 

as  to  Morningside  avenue   900 

ASSESSMENT  BONDS: 

When  to  be  issued  and  for  what  purpose   144 

To  be  issued  for  awards  of  assessment  commission   150.  912 

ASSESSMENT  COMMISSION: 

Powers  and  duties  of  907-913 

What  assessments  within  jurisdiction  of   907 

to  what  extent  corrected  or  reduced  908,  911 

Majority  a  quorum   90S 

Witnesses  compelled  to  attend...'.   90S 

Production  of  books  compelled   908 

Who  are  commissioners   910 

Appoint  clerks  and  stenographer   910 

How  notice  given  of  meetings   910 

Record  of  proceedings  kept   910 

Establish  rules  for  procedure   910 

When  powers  expire   910 

How  time  extended. .    910 

What  relief  maybe  awarded  »   911 

Certificate  stating  relief  to  be  filed   911. 


INDEX.  T'Jl 

Sec-lion. 

ASSESSMENT  COMMISSION  {cantinuett) 

Relief  where  assessment  paid   012 

Bonds  to  be  Issued  for  awards  by  IW,  u  1 2 

ASSESSORS: 

Appointment  of   805 

Duties  of  8(15,  800 

Common  council  provide  rooms,  etc.,  for   800 

Mow  assessments  made  by   808 

Not  to  be  enjoined   80S 

How  describe  houses  uud  lots   809 

use  ward  numbers   809 

(iive  names  of  owners  and  occupants   809 

To  assess  to  only  half  value   870 

(Jive  notice  of  completion  of  assessment   871 

Form  of  notice   871 

To  consider  objections   871 

Present  assessment  and  objections  to  board  of  revision   871 

To  assess  for  sewers   872 

for  change  of  grades  873,  874 

when,  for  paving   875 

for  relaying  pavements   877 

To  assess  deficiency  in  street  opening   994 

ASSISTANT  DISTRICT  ATTORNEYS: 

Number  of   1008 

Salaries  of   1503 

ASSOCIATIONS: 

When  deemed  resident   1127 

Service  upon   1127 

ASSOCIATION  FOR  BEFRIENDING  CHILDREN  AND  YOUNG  GIRLS, 

annual  appropriation  to   194 

ASSOCIATION  FOR  BENEFIT  of  Colored  Orphans,-  schools  of   10GC 

ASTOR  LIBRARY   x  824 

ASTRONOMICAL  OBSERYATORY   093 

ASYLUM,  INEBRIATE: 

Power  to  commit  to   1098 

Who  may  commit  to   1098 

Procedure  on  committal  1099-1101 

Discharge  from    1102 

To  report  to  board  of  health   570 

ATTACHMENT: 

Against  property  in  marine  court   1248 

In  district  courts   1310 

Warrants  of,  issued  out  of  courts  of  record,  only  to  sheriff   1717 

ATTENDANTS : 

On  courts,  how  appointed  1113,  1153 

Of  marine  court  1229, 1231 

Iu  police  courts   1540 

Of  special  sessions   1570 

Of  supreme  court   1113 

Of  over  and  terminer   1113 

Salaries  of   1113 

Of  common  pleas,  salaries  of   1171 

Of  supreme  court,  salaries  of   1177 

In  district  courts   1432 

ATTORNEY: 

No  one  to  practice  as,  unless  admitted  .•   1077 

penalty  for  violation   1078 

Not  to  be  bail   1490 

In  police  courts   1556 

Assigned  to  departments   215 

Corporation,  chief  officer  of  bureau   216 

monthlv  statements  bv   216 

A »dtre  CORPORATION"  ATTORNEY. 


722 


INDEX. 


Section. 

ATTORNEY  (eoutii  ued) 

For  collection  of  personal  tuxes  appointed  by  corporation  counsel   21.% 

bond  of    248 

salary   52 

duties  of   800 

report  cases  dismissed  by  court   861 

keep  books   862 

deliver  books  and  papers  to  successor   862 

To  lire  department,  duties  of  431,  516 

appointment  and  removal  of   432 

salary   52 

to  act  in  proccedings_for  removal  of  unsafe  buildings  511,  515 

costs  of,  in  such  proceedings   515J 

To  board  of  health,  appointment  and  salary  of   5*1) 

AUCTIONS  AM)  AUCTIONEERS: 
Auctioneers, 

security  to  be  given  by   lfl83 

notice  of  sales,  to  be  given  by  11)84,  198? 

to  make  returns  to  port  wardens   1984 

tax  to  be  paid  by  1989,  1990 

powers  of  police  over   283 

bond  of,  filed  with  county  clerk   19nc 

duties  of,  respecting  sales  under  port  wardens   1981 

licenses,  how  obtained  118,  198.">,1986 

when  revoked  and  forfeited  1986,  1994,  199? 

charges  against,  examined  by  the  mayor  118,  1994 

may  be  committed  by  mayor  for  trial   1991 

bond  of,  when  forfeited   1994 

false  statements  by,  a  misdemeanor   1992 

certain  fees  paid  port  wardens   1984 

persons  defrauded  by,  remedy  of   1993 

judicial  sales  by,  fees  for  ,   1995 

fees  of,  uot  to  lie  divided  with  certain  persons   1990 

Auctions, 

sales  at,  by  w  hom  made   1983 

sales,  how  advertised  198?,  19K8 

sales,  when  to  be  made   1991 

sales  of  damaged  goods  1983.  1984 

public  property  to  be  sold  at   6'i 

AUDIT: 

Bureau  of   125 

Chief  officer  of   125 

AUDITOR  OF  ACCOUNTS,  chief  of  bureau   125 


IB. 

BAGGAGE  OF  EMIGRANTS: 

Ste  EMIGRANTS. 

BALL: 

Who  cannot  be   1489 

When  notice  of  application  for,  to  be  given  to  district  attorney   148? 

Taken  by  other  than  committing  magistrate   148? 

What  magistrates  may  take   1485 

When  police  justice  may  take   1480 

When  changed  *   1488 

No  fees  in   1491 

By  Superior  Court  or  Common  Picas  115G,  115? 

Commitment  for   1495 

BALANCES: 

Unexpended,  transfer  of   20? 

weekly  statement  of,  by  Comptroller   123 


INDEX.  72.°. 

Section. 

BALLAST  LIGHTERS: 

To  bo  licensed   765 

Fees  for  license   700 

Penalty  for  violations  766,  7IK« 

hanks  of  DEPOSIT  OF  THE  CORPORATION 

How  designated  •   10.*i 

Shall  make  weekly  statements  to  comptroller   164 

Limitation  to  deposit   164 

Moneys  deposited,  how  disposed  of   104 

Interest  on  daily  balances   I'm 

BARGE  OFFICE  AT  BATTERY: 

Exemption  from  taxes  ;   886 

Ceded  to  United  States   103". 

BARGES: 

North  River,  portion  of  harbor  set  apart  for  789-790 

additional  harbor  accomodation  for  804,  805 

I'scd  in  transporting  farm  and  garden  produce,  pier  set  apart  for   797 

BASTARDY,  commitment  in  case.-,  of   I  \'.)* 

Appeals,  costs  In.   102 

Bondfl  sued  in  district  courts   1 34S 

By  whom  sued  422. 1502 

BATHS: 

Set  FLl  >ATIN<;  BATHS. 

BATTERY,  land  at,  for  barge  office,  ceded   163:: 

BATTERY  PLACE,  power  of  department  of  parks  over   069 

BAY,  jurisdiction  over   1441 

BEDLOW'S  ISLAND  ceded   1633 

BEGGARS: 

Children  as  "1408 

When  vagrants   1404 

Ordinances  may  be  passed  in  relation  to  80  (sub.  11) 

BELLEVUE  HOSPITAL,  admission  of  non  residents  to   37 

BENEVOLENT  SOCIETY,  HEBREW: 

.s.v  HEBREW  BENEVOLENT  SOCIETY. 

BENZINE,  storage  of   457 

BENZOLE,  storage  of   457 

BIBLE,  use  of,  in  public  schools   1062 

BIDS: 

For  work  aud  supplies                                                            ....  64 

Sealed,  for  contracts   64 

To  be  publicly  opened   64 

BILLS  OF  EXCHANGE,  during  epidemic  2020-2031 

BIRDS: 

Song  birds,  etc.,  when  not  to  be  killed   2025 

exceptions   2025 

Application  of  the  law  relative  to   2025 

Penalties  for  violating  law  relative  to   2025 

how  distributed   2025 

BIRTHS: 

Record  of,  kept  by  board  of  health  606,  607 

Registry  of,  kept  by  physicians  and  midwives   603 

penalty  for  omission   605 

Record  of,  to  be  kept  by  register  of  records   534 

Report  of,  by  relatives  or  friends   603 

penalty  for  omission   605 

BLACK  WELLS  ISLAND,  water  for   866 

BLIND: 

Annual  appropriation  for  adult   194 

how  distributed   418 

statistics  of.  acts  relating  to   419 


721  INDEX. 


Boot  ion. 

BLIND,  INSTIUTION  FOR 

Clothing  provided  for  pupils  of   191 

HOARDS: 

Majority  of  members  of,  a  quorum   46 

May  perforin  any  act  authorized   4'i 

May  choose  president,  treasurer  and  secretary   46 

Xo  expense  incurred  by,  unless  an  appropriation  for   46,  47 


HOARD  OF  1H  IJI.IC  (  RARITIES  AND  CORRECTION: 

See  CHARITIES  AND  correction.  DEPARTMENT  OF 

HOARD  OF  DOCKS : 

>•«  DOCKS,  D  E  p  a  rt  M  K  N  T  OF. 

BOARD  OF  EDUCATION 

.See  EDUCATION.  HOARD  "I  SCHOOLS. 

BOARD  OF  ESTIMATE  AND  APPORTIONMENT: 

See  ESTIMATE  AND  APPORTIONMENT.  HOARD  OK 

BOARD  OF  FIRE  COMMISSIONERS 

See  KIKE  DEPARTMENT 

BOARD  OF  HEALTH: 

.Vre  HEALTH.  DEPARTMENT  Of. 


BOARD  TO  DRAW  JURIES   1638 

HOARD  OF  ENFORCEMENT  OF  JURY  FINES 

See  JURY  FINE< 

BOARD  FOR  LIGHTING  STREETS:   CJ* 

HOARD  OF  I  COMMISSIONERS  OF  PILOTS: 

See  pilots 

HOARD  OF  POLICE: 


POLICE.  DEPARTMEMT  OK. 

HOARD  OF  POLICE  JUSTICES: 

See  POLICE  .IISTICKS 

HOARD  OF  PARES: 

V..  PARKS.  DEPARTMENT  <•! 


HOARD  OF  PRINTING  AND  STATIONERY: 

Of  what  officers  composed   68 

Powers  and  duties  of  66,  68 

HOARD  FOR  THE  REVISION  AND  CORRECTION  OF  ASSESSMENTS: 

Offiecrs  constituting    867 

Quorum  of   4<i 

Duties  of   867 

Assessment  lists,  revision  and  correction  of   867 

limitation  of  time  for     867 

And  tee  ASSESSMENTS. 

Majority  of,  may  act   43 

HOARD  OF  STREET  OPENINGS  AND  IMPROVEMENTS: 

Officers  composing   955 

Rowers  and  jurisdiction  of   955 

New  streets,  when  to  be  laid  out  by   955 

proceedings  to  be  taken  therein   955 

Certain  streets  and  avenues  may  be  closed  by   1009 

proceedings  to  be  taken  therein   1009 

proceedings  may  be  discontinued  „   1009 

Streets,  etc.,  leiral  proceedings  to  open  may  be  discontinued   1003 

And  *ee  STREETS  etc.,  OPENING  OF 


HOARD  OF  TAXES  AND  ASSESSMENTS: 

See  TAXES  AND  ASSESSMENTS. 

BOARD  TO  DESIGNATE  THE  BANKS  OF  DEPOSIT,  of  whom  composed  165 


HOARDING-HOUSES : 

may  be  regulated  by  ordinance  86  (sub.  34) 

Death  of  strangers  in,  to  be  reported  to  public  administrator   246 

penalty  for  failing  to  report   246 

Copy  of  act  relative  to,  furnished  by  public  administrator   247 

Sick  in,  names  to  be  reported    611 

penalty  for  omission   628 


i 


INDEX.  728 

Section. 

BOARDING-HOUSES  FOR  EMIGRANTS: 

License  to  115,2058  • 

Hates  of,  to  be  posted   2049 

Lien  of  keepers  of   8000 

Runners  for   2040 

HOARDING  HOUSES  FOR  SAILORS  9669-8088 

.\m\>tt  SAILORS. 

BOILERS,  STEAM,  inspection  of  810-313 

BONDED  DEBT,  ol  corporation  inoy  be  colled  in  and  redeemed   170 

BOND: 

Of  chamberlain   163 

Of  public  administrator   811 

( )f  marshals. 

Stt  MARSHALS 

Of  clerks  appointed  I »\  police  justices. 

Am  POLICE  JUSTICES. 

Of  receiver  of  taxes  ,  835,  830 

Of  sheriff   1714 

Taken  in  proceedings  to  collect  tax  807,  858 

BONDS: 

Denominations  of,  when  issued  in  exchange   136 

To  be  paid  from  sinking  fund   177 

Assessment,  to  be  issued  ■   144 

Revenue,  to  pay  quota  of  State  tax   168 

For  Morningside  park  improvements   152 

For  paving  streets  and  oilier  improvements  »   14-1 

For  assessments  north  of  One  Hundred  and  Fifty-fifth  street   145 

Proposals  for   140 

For  expenses  in  relaying  pavements   147 

For  claims  and  judgments   148 

For  Brooklyn  Bridge   151 

For  repair  of  Brooklyn  Bridge   198 

For  awards  by  commissioners  to  correct  assessments   150 

For  expenses  on  account  of  unsafe  buildings   l.-,s 

To  pay  for  right  of  Way,  etc..  for  drains   142 

Of  annexed  district   138 

Dock,  how  and  when  issued.-   148 

And  »M  CONSOLIDATED  STOCK  •  ■  :  ASSESSMENT  BONDS. 

BONE-BOILING  establishments,  unlawful  to  carry  on   540 

BOOKS,  papers,  etc..  when  copies  of.  to  be  furnished   50 

When  open  to  inspection   50 

BOOTHS,  not  to  be  erected  within  850  feet  of  polling  places   280 

BOTANICAL  AND  ZOOLOGICAL  GARDEN: 

Establishment  and  maintenance  of   694 

Admission  to   695 

BOULEVARDS: 

Steam  railways  on,  forbidden   194".' 

Power  of  department  of  public  works  in  respect  to   319 

BOULEVARD,  BOUTHERN,  vehicles  upon  1934.  1935 

BOUNDARIES: 

Of  city  and  county   1 

Of  wards  :   2-25 

BREACH  OF  PEACE,  behavior  to  provoke   1458 

BRIBERY  OF  CITY  OFFICER,  how  punished   58 

BRICK  BOATS,  wharfage  on   800 

BRIDGE  OVER  HAST  BIYER: 

sv.  BROOKLYN  BRIDGE. 

BRIDGES: 

Over  Harlem  river  675,  676 

Over  Bronx  river,  annual  appropriation  for  194  (sub.  13) 

Plan*  for.  in  Twenty-third  and  Twenty -fourth  Wards   957 


720  INDEX. 

Section. 

BROAD  STREET,  elevated  railways  forbidden  in   1944 

BROADWA  V: 

Portion  of  under  control  of  department  ol  parka   687 

South  of  Murray  street,  no  elevated  railroad  in   1944 

South  of  Fifty  ninth  street,  no  railroad  in   1946 

BRONX  RIVER,  bridges  over,  annual  appropriation  for  194  (nub.  13) 

BROOKLYN  BRIDGE: 

To  he  a  public  highway   1978 

Trustees,  powers  of  1978-1980 

to  make  repairs   1975 

appoint  police   1981 

lo  change  certain  streets   1362 

lix  tolls   1980 

make  regulations   1979 

Jurisdiction  over  :   1981 

Injury  to   1982 

Bonds  to  be  issued  for   151 

Limit  of  amount  to  be  expended  for     151 

Payment  of  expenses  of  repairs  to   198 

BUILDINGS: 

Construction,  alteration  and  repair  of,  provision!  ol  lav.  respecting  171-506 

plans  for,  to  be  submitted   508 

must  be  approved  before  work  proceeds   503 

mode  of,  and  material  used  in,  may  be  passed  upon  by  inspector  of 

buildings   503 

deviation  from  requirements  of  law,  when  and  how  permitted   503 

board  of  examiners  to  pass  upon  applications  for   503 

members,  officers  and  compensation  of  board   503 

penalties  for  violations  of  provisions  respecting   504 

proceedings  to  enforce  505,  50G 

remission  of   505 

injunction  to  restrain  work  in  violation  of  requirements  of  law. . .  .  506 

notices  of  violations   507 

punishment  of  non-compliance  with  notice   508 

north  of  One  Hundred  and  Fortieth  strict   500 

drainage  and  plumbing  of  buildings   501 

I'ns.ife  buildings. 

how  secured  or  removed  509-512 

survey  of   510 

report  of  survey   510 

proceedings  on  report   511 

expenses  of  executing  precept  on  report,  etc.,  how  paid  158,  511 

parties  may  themselves  perform  requirements  of  precept   512 

expenses  a  lien  on  premises   513 

lien  how  enforced   513 

proceedings  against,  to  lie  conducted  by  attorney  to  fire  department .  515 

to  be  reported  monthly  to  board  of  tire  underwriters   517 

May  be  entered  by  officers  acting  under  provisions  as  to  construction  of 

buildings  and  unsafe  buildings   516 

Public  buildings, 

aisles  of.  not  to  be  obstructed   502 

halls,  doors,  stairways,  etc.,  constructed  so  as  to  afford  ample  egress.  502 

Fire-alarms,  in  what  buildings  placed   499 

Hoistways,  protection  of   487 

Fire-escapes,  on  what  buildings  placed   499 

Fire-proof  shutters  and  doors,  on  what  buildings  placed   487 

Excavations,  protection  of  walls  adjoining   474 

Copy  of  permit  for  erection  of,  furnished  commissioners  of  taxes   823 

Destruction  of,  to  prevent  spread  of  fire  448,  450 

damages  therefor   450 

May  be  examined  by  fire  authorities  for  combustible  materials   463 

BUILDINGS,  BUREAU  OF  INSPECTION  OF: 

General  duties  of   427 

Principal  officer  of  k   427 

Officers  and  employees  of.  removal  of   441 

qualifications  of   514 

Offices  in,  abolishment  of  :   441 

Officers  of,  to  perform  duties  prescribed  by  fire  commissioners   516 

to  have  right  to  enter  buildings   516 


INDI  A .  Tl'7 

Section. 

HI  ILD1NGS,  INSI'Lt  TOR  OP: 

Principal  ofBcer  of  bureau  In  Plrc  Department   427 

Duties  of   427 

Power  <>f,  in  rasped  to  construction,  alteration  and  repairs  of  build 

ings   504 

Member  of  board  of  examiners  in  reaped  to  deviations  from  building 

laws   BM 

Name  of,  to  be  affixed  to  notices  of  violations  of  building  laws   507 

To  take  proceedings  in  case  of  non  compliance  xvitli  notice   508 

To  act  in  surveys  of  unsafe  buildings   BIO 

BUILDINGS  FOB  FIRE  DEPARTMENT 

Construction  of  :   343 

Location  of,  on  public  property  B48,  899 

BUILDINGS,  STABLES,  VESSELS,  etc.,  rigid  of  firemen  to  enter  4(53.  516 

BULKHEAD  AND  PIER  LINES: 

Alterations  of   730 

Not  built  beyond.,  731,  732 

Kept  clear  77.5-777 

Ami  w.  1'IERS. 

BL'OYS,  vessels  not  to  be  moored  to   756 

BUREAUS: 

Consolidation  and  change  of  duties  ,,f   48 

cousent  of  board  of  estimate  and  apportionment  required   4s 

Heads  of,  removal  of  ;   48 

BUREAU  OF  ARREARS: 

-  ARREARS. 

BUREAUS  in  department  of  charities  and  correction   337 

.In./**- CHARITIES  AND  CORRECTION.  DEPARTMENT  OK. 

BUREAUS  in  finance  department   125 

And  me  FINANCE  DEPARTMENT. 

BUREAUS  iii  department  of  public  works   317 

net  PUBLIC  WORKS.  DEPARTMENT  OP. 

BUREAUS  in  tiie  department  *   127 

And  ft  FIRE  DEPARTMENT. 

BUREAUS  in  department  of  health   534 

Ami  let  HEALTH.  DEPARTMENT  OF 

BUREAUS  in  law  department   216 

And  we  LAW  DEPARTMENT. 

BURGLARY,  persons  found  with  implements  for   1445 

BURIAL,  ordered  by  board  of  health   5G8 

BURNING  CHIMNEYS  and  flues,  penalty  on  owners  of   452 

BURNING  FLUID,  storage  of  ".   457 

BUSINESS  detrimental  to  public  health,  how  discontinued  540,  544 

BUTCHERS,  carrying  on  business  of,  without  license  to  be  prohibited.  .86  (sub.  29) 

BUYING  STOLEN  PROPERTY,  punishment  for   1453 


c. 

CALENDARS  OF  COURTS: 

publication  of   1093 

Place  of  passed  causes  upon  1082-1083 

Expenses  of  publishing,  provided  for  194.  1094 

CAMPIIENE,  storage  of   457 

(  ANAL  BOATS: 

Harbor  master's  fees   1755 

Slips  for  805,  786 

Wharfage  on   800 

Portion  of  harbor  set  apart  for  789-792 

Additional  barber  accommodation  for  804.  805 

Clearance  of,  not  granted  until  certain  fees  paid   806 


728 


INDEX. 


9<  ctiou. 

CANAL  TOLLS,  COLLECTOR  OF.  when  not  to  grant  clearances   800 

CANVASS,  to  be  published   1920 

■  KLK:TIONS. 

CANVASSERS,  COUNTY,  president  of,  to  murk  returns  i960,  I9ni 

And  v  .  ELECT!"  1KB. 

CAPTAIN  OF  POBTi 

Set  apart  slips  for  canal  boats  004,  805 

Only  to  exhibit  law   808 

Duly  of,  as  to  canal  boats  789-792 

Penalty  for  refusing  to  obey   792 

Keep  piers,*  wharves  and  bulkheads  clear...".  775,  770 

Duties  as  to  leading  and  unloading  vcwtcls  T75,  770 

Tb  license  ballast  lighters   765 

Fees  for  licenses   76(1 

Powers  of,  not  affected  by  dock  department   72:; 

CARRIAGES,  WAGONS,  clc. : 

To  take  right  side  of  the  road   19JJ3 

Penalty  ."   193:$ 

CARTMEN,  powers  of  police  over   283 

CARTRIDGES,  manufacture  and  storage  of   456 

CASES  passed  on  calendar  1082.  1083 

CASTLE  G  ARDEN,  lease  of,  to  be  renewed  from  year  to  year   182 

CATHARINE  STREET  FERRY,  regulation  of  !   190:; 

CATHOLIC  PROTECTORY: 

Annual  appropriation  to   (M 

Exempt  from  taxes   824 

CATTLE: 

Driving  through  streets.  613,  1449 

Driving  on  sidewalks,  how  punished     1449 

CENTRAL  PARK,  annual  appropriation  for  observatory,  museums,  etc.,  En.  194 

.ImJ  »<•<■  IWKKS.  DEPARMTENT  OF. 

CERTIFICATE  of  appointment  to  office   SB 

CERTIORARI: 

discharge  of  criminals  from  Society  for  Reformation  of  Juvenile  Delin- 
quents under,  limited.  v   1001 

.  To  review  decision  of  tax  commissioners  821,  1118 

CESSIONS  OF  JURISDICTION  to  United  States   1633 

CHAMBER  OF  COMMERCE,  arbitration  in  •  

-     ARBITRATION".  <  (  »<  RT  <>| 

To  pay  expenses  oT  court  of  arbitration  1782-1784 

I 11  AMIS  EK  I.  A  IN: 

Chief  officer  of  bureau  for  reception  and  payment  of  moneys  of  corpor- 
ation  125 

Appointment  of   163 

Not  removable  by  head  of  department   42 

Term  of  office. . ."   163 

Powers  and  duties  of   164 

Warrants  to  be  drawn  on   123 

Compensation  of.  as  chamberlain  and  county  treasurer   165 

Fees  to  which  entitled   168 

Interest,  fees,  commissions,  etc.,  received  by.  how  disposed  of   165 

May  appoint  deputy  chamberlain  and  clerks   165 

Salaries  of  subordinates  and  expenses  of  office,  how  paid   165 

Contents  of  weekly  report  of.  to  mayor  and  comptroller   165 

Books  kept  by,  what  to  show  ."   165 

Bond  to  be  given  by                                                            :   163 

action  on  : .  163 

Report  of,  to  common  council,  what  to  contain   164 

Accounts  of,  when  closed  ;   164 

to  be  examined  by  commissioners  of  accounts   164 

Commissioner  of  the  sinking  fund   170 

Member  of  board  to  select  deposit  banks   165 


INDEX.  72!» 

Section. 

CHAMBERLAIN  {eontinued): 

Notice  to  State  comptroller  of  amount  of  taxes  paid   160 

Pay  ni ifii  duty  t<>  commissioner!)  of  emigration   169 

Fees  to  be  ptiid  over  to   SO 

Proceeds  of  sales  deposited  with   02 

To  receive  money  paid  into  court   1065 

Provisions  of  ('ode  as  to  county  treasurers  applicable  to   167 

Bonds  and  mortgage  to  be  taken  to   1085 

To  receive  State  school  moneys  •  ••"   1054 

Receiver  of  taxes  to  make  return  and  pay  tuxes  to   841 

CHARITABLE  1 NST1TI  TIONS  : 

Annual  appropriations  for  support  of  poor  in   193 

Appropriations  of  excise  moneys  to   1280 

Commitment  of  children  to  1(594,  1632 

CHARITIES  AND  CORRECTION,  Pl'BLIC,  DEPARTMENT  OF  : 

Head  of,  to  consist  of  a  board  of  three  persons   39 

General  powers  and  duties  of   385 

Property  vested  in   386 

Rules  and  by  laws  for  management  of   407 

( 'ommissioners  of, 

number  and  term  of  office  of   80 

salaries  of   52 

transfer  of  children  to   1616 

may  transfer  children  to  Shepherd's  Fold   417 

discharge  of  vagrants  by   1564 

Bureau  of  charities. 

duties  of   387 

Boreanbf  correction, 

duties  of  !   387 

Institutions  under  charge  of   385 

exceptions  !   385 

rales  and  by-laws  for  management  of   407 

buildings  belonging  to,  may  be  enlarged  or  altered   408 

new,  may  be  erected   408 

chief  officer  of,  to  make  requisitions  for  articles  used   403 

to  keep  account  of  same   403 

weekly  reports  of   404 

City  prison, 

persons  committed  to,  for  disorderly  conduct,  when  discharged.  .  .  .  398 

persons  committed  to,  when  transferred  from   398 

Convicts, 

employment  of,  by  contract  i   399 

punishment  of,  for  refusing  to  work   399 

to  be  kept  separate  from  paupers   402 

Hart's  Island, 

control  of  commissioners  of  charities  over.  .*.   389 

purposes  for  which  the  same  may  be  used  \  .  389 

industrial  school  on,  maintenance  of   388 

children  committed  to  its  care  '.   388 

Industrial  school — Hart's  Island. 

maintenance  of   388 

children  committed  to  its  care   388 

Inebriate  asylum, 

buildings  for,  erection  and  furnishing  of   391 

physicians  and  officers  for   391 

expenses  for  constructing  and  maintaining   392 

tines  for  intoxication,  etc.,  to  be  paid  to   392 

rules  and  regulations  for  government  of   393 

medical  treatment  for  inmates   393 

moral  and  sanitary  discipline  of  inmates   393 

transfer  of  persons  in  work-house  or  alms-house  to   395 

inebriates,  by  whom  committed  to,  and  terms   1098 

proceedings  before  commitment   1099 

when  to  be  temporarily  committed   1101 

estate  of,  liable  for  support  of   394 

when  discharged  by  court   1102 

application  for  discharge  of   1102 

when  discharged  by  commissoners   397 

lusane, 

transferred  to  State  Hospital   396 


780 


INDEX. 


CHARITIES  AND  (  ORREt  TION.  PI  BLIO,  DEPARTMENT  OF  (Mntimttf) 

prescribe  how  supported  by  relottrss   421 

Paupers, 

employment  of,  under  contract   399 

punishment  of,  for  refuting  to  work   399 

hours  of  labor   400 

account  with,  for  labor  performed   401 

settlement  with,  on  expiration  of  sentence   401. 

to  he  kept  separate  from  criminals   402 

maj'  be  entailed   399 

transfer  of  certain    to  work  house   40.", 

Reception  hospital, 

south  of  Canal  street,  established  for  the  sick  and  wounded   390 

Statistics  of  the  poor, 

acts  relating  to,  made  applicable  to  department  of  charities,  etc.  ...  410 
Vagrants, 

persons  committed  l>y  magistrates  as,  how  disposed  of   412 

when  cured  of  sickness,  how  disposed  of   413 

committed  as  inebriates  may  be  detained  at  labor   413 

persons  asking  for  commitment,  how  disposed  of   412 

not  to  be  discharged  before  expiration  of  term,  without  consent  of 

magistrate   414 

Lunatic  asylum. 

discharge  from,  to  be  on  certificate  of  physician   41.) 

Work-house, 

persons  detained  in,  and  employed  in   398 

persons  transferred  and  commuted  to   398 

persons  confined  in,  bow  employed   399 

hoars  of  labor   400 

persons  committed  to.  for  disorderly  conduct,  when  discharged. .  .  .  398 

certain  paupers  transferred  to   405 

accounts  of.  and  credits  for  labor   401 

paupers  and  criminals  to  be  separated   402 

Bellerue  hospital. 

admission  of  non-residents  to   41(5 

Shepherd's  Fold, 

transfer  of  children  to   417 

Blind  persona,  poor  adults,  relief  of   418 

Reports  of  board  of,  to  secretary  of  State  •  •  •  •   419 

Persons  from  other  States,  proof  of  settlement  of   420 

Supplies,  requisitions  for   403 

Reports  as  to  inmates  of  inst  itutions. ..   404 

Alms-house,  employment  of  inmates   405 

Nurseries,  employment  for  children  in   406 

Potter's  field. 

to  be  laid  out.  etc.   408 

A  p  prentices, 

minors  may  be  bound  out  as  409,  410 

Prosecute  bastardy  bonds   422 

Abandonment  bonds   423 

Alms-house  department,  and  governors  of, 

to  be  taken  as  meaning  what   411 

Institutions  in  charge  of,  who  may  be  committed  to   412 

Water  supply  to  institutions  in  charge  of,  on  Blackwcll's  Island,  etc. .  .  350 

CHATTEL  MORTGAGES,  to  be  filed  with  register   1  To-'i 

CHEMICALS,  storage  of  416.  461 

CHIEFS  OF  BUREAUS,  appointment  and  removal  of   4* 

CniEF  OF  DEPARTMENT  : 

>.■<  FIRE  DEPAKMMEXT. 

CHIEF  ENGINEER  OP  CROTON  AQUEDUCT  : 

Chief  of  bureau  in  department  of  public  works   31 T 

May  appoint  assistant  engineer   317 

Qualifications  of,  and  of  assistant   317 

CHIEF  ENGINEER  OF  DOCKS,  salary  of   52 

CHILDREN  : 

Abandoned  by  parents,  committed  to  alms-house   146:5 

Admission  of,  to  places  of  amusement   2009 

Ages  of  those  entitled  to  attend  schools   1051 

Bound  out  by  commissoners  of  charities  and  correction  409,  1463 

Commitment  of.  to  incorporated  institutions  1594-1634 


INDEX.  731 

Section. 

CHILDREN  (eontin  d 

Commitment  of,  to  industrial  "-clioo!   1188 

In  nurseries   400 

01  prostitutes    140:: 

Commitment  of,  to  Bociety  for  Reformation  of  JuTeailo  Delinquents  .  1004-1601 

to  American  Female  Qunrdioii  Bociety  1800-1607 

to  New  fork  Juvenile  Asylum  ".  IOOm-ioh; 

lo  Home  for  Christian  Cure   1017 

to  New  York  Catholic  Protectory  1018-1024 

to  Hebrew  Benevolent  Society   1025 

to  Shepherd's  Fold  ."   1020 

to  New  York  Infant  Asylum  1027  10:52 

CHILDREN'S  AID  SOCIETY 

Annual  payments  to   194 

Property  of,  exempt  from  taxation   824 

To  share  in  excise  moneys   210 

Schools  of   100:; 

CHILDREN'S  FOLD: 

Per  capita  allowance  to   t'H 

CHRISTIAN  ASSOCIATION,  YOUNO  .MENS: 

>..•  YOl'NCt  MEN'S  C'HRISTAIN  ASS"  ><  I  ATI<  >N. 

(IIPIS  II  AN  CAPE.  HOME  FOP  : 

S    SOME  FOB  C'HItlSTIAN  «  AKK 

CI1UPCHES,  when  exempt  from  taxation   .^27 

CINDERS,  not  to  be  thrown  into  harbor   740.  749 

CIRCUITS,  two  or  more  to  be  held   1111 

CIRCUS,  license  to  10!)*.  2000 

And  «v  THEATRES. 

CISTERNS: 

When  to  he  built  by  common  council  i   884 

Assessment  for   884 

CITY  OF  NEW  YORK 

Boundaries  of   1.  2 

Execution  in  Actions  against  '   1100 

Property  of,  sold,  to  be  by  auction   02 

Actions' for  penalties  by.  in  district  courts   1200 

Actions  against,  what  courts  have  jurisdiction  of   1290 

not  maintainable  till  after  demand   1104 

district  courts,  no  jurisdiction  in   1286 

No  costs  against,  on  forfeited  recognizances   1482 

Service  of  summons  and  process  on  1080.  1105 

Certain  volumes  of  laws  relating  to.  evidence   1107 

Awi  tee  CORPORATION. 

CITY  DEBT,  cancellation  of.  held  by  sinking  fund   170,  1207 

Consolidation  of   132 

CITY  AND  COUNTY  OF  NEW  FORK: 

Boundaries  of   1 

Collection,  etc..  of  accounts  of,  to  be  regulated  by  ordinance   80 

Common  council,  trustees  of  property  of   101 

(  [  I  V  HALL: 

What  is   1073 

Office  of  clerk  of  common  pleas  to  be  in   1170 

(  I  I  V  BALL  PARK: 

Land  formerly  in.  jurisdiction  of  the  United  Stales  over   10:]:: 

CITY  JUDGE: 

•         Election  of   1521 

Is  a  magistrate   1321 

Powers  of   1521 

allow  appeal  from  special  sessions   1593 

Has  jurisdiction  in  summary  proceedings   1521 

Salary  of   1521 

Term  of  office   1521 

Vacancy  how  tilled   1521 

City  to  furnish  office  for   1522 

May  hold  general  sessions   1521 

No'compensation  beyond  salary   1521 


732  INDEX. 

Section. 

CITY  LIBRARY  ASSOCIATION,  exempt  from  taxes   H24 

CITY  FKIsoN 

Designation  of   90 

Transfers  from,  to  workhouse   398 

Commitment  to  Mir,.  H!i*,  1409,  1500 

CITY  RECORD: 

Publication  of   66 

Supervisor  of,  and  assistants,  appointment  of   60 

salaries  of   66 

Powen  ami  duties  of  supervisor   08 

Supervisor  prepare  and  print  registry  of  voters   07 

Kxpenses  of,  except  salaries,  covered  by  contracts   00 

( 'onlract  for,  to  be  made  as  other  contracts  • . .  00 

Number  of  copies  to  be  furnished   00 

distribution  of   oo 

Hound  copy  of,  to  be  deposited  in  register's  oltice  by  comptroller   CO 

Ollicial  matters  to  be  inserted  in, 

advertisements  and  notices  required  to  be  published.  ?   06 

list  of  subordinates,  salaries,  etc   68 

hours,  etc.,  during  which  public  offlOM  open  for  business   68 

i                detailed  canvass  of  votes  at  elections   08 

registry  of  voters   67 

list  Of  registered  plumbers   68 

ollicial  matters  and  reports  ordered  by  mayor   68 

changes  in  subordinates,  and  salaries  of   51,  68 

brief  extract  of  proceedings,  etc.,  of  common  council   80 

messages  of  the  mayor,  to  lie  printed  in  full   80 

reports  of  departments  and  officers  to  be  printed  in  full   49,  80 

ordinances,  when  reduced  to  a  code   98 

quarterly  account  of  expenses  and  receipts  of  mayor's  office   105 

causes  for  appointment  and  removal  of  a  deputy  comptroller   124 

Monthly  report  of  corporation  attorney   216 

monthly  report  of  public  administrator   216 

names,  etc.,  of  applicants  for  appointment  in  police  department. . . .  268 

hist  property  in  hands  of  properly  clerk   292 

Satutary  Code   575 

notice  of  contracts,  etc   64 

proposed  action  of  board  of  street  openings,  etc   955 

quarterly  report  of  commissioners  of  accounts   110 

annual  linancial  statement  of  comptroller   126 

provisional  and  final  estimates   189 

schedule  of  employees  not  in  any  department   203 

appointments  and  removals  from  office   51 

salaries,  etc.,  of  clerks  in  mayor's  office     105 

weekly  abstracts  from  each  department   51 

CIVIL  JlVriCKS. 

See  DISTRICT  OOUKTO. 

CLAIMS  AOAIXSTTIIK  (  ORPORATION 

To  be  presented  to  comptroller  before  suit   1 104 

Person  presenting  may  be  sworn  and  examined   123 

Effect  of  settlement  of,  by  comptroller   123 

Settlement  and  adjustment  of   123 

CLAM  BOATS,  wharfage  on   799 

CLERGYMEN; 

To  keep  registers  of  marriages   602 

penalty  for  omission   605 

CLERK  OF  ALDERMEN: 

*    Appointment   71 

Clerk  of  common  council   76 

To  be  clerk  of  board,  acting  as  board  of  supervisors.    76 

Duties  of   76-80 

To  appoint  deputies   79 

duties  and  salaries  of   79 

To  countersign  bonds  issued  to  pay  for  relaying  pavements   147 

A  nd  See  ALDERMEN".  BOARD  OF. 

CLERK  OF  ARREARS: 

Set  ARREARS  ami  SALES. 


index.  788 

Suction. 

CLERKS  OF  MAVOI!   100 

CLERK  OF  COURT  hem  which  action  \>  removed,  duty  «.r   U8s 

CLERK  OK  CO!  I  IT  <>K  A  ItBITRATlON 

Sm  akwtkath  »n.  COURT  OF. 

CLERK  OF  COURT  not  to  be  referee,  receiver  or  commissioner   107!» 

CLERK  OF  COMMON  PLEAS,  salary  of,  and  of  deputies  and  assistants. . .  1171 

A  ml  *•<■  COMMON  PLEAS  C<  (CRT  OK 

CLERKS  OK  MARINE  COl'RT.  salaries  of   1275 

and  «*e  HARMS  COURT, 

CLERKS  OF  DISTRICT  COURT8  : 

Sat  DISTRICT  COURTS. 

CLERKS  OF  DEPARTMENTS,  appointment  and  removal  of   4h 

Duties  of,  to  be  fixed  l>y  bead  of  department   4s 

Salaries  of,  to  be  fixed  l>v  head  of  department  •  .  .  .  4S 

CLERKS  OK  SUPREME  COURT,  whal  authorized   1112 

CLERK  OF  SUPERIOR  COURT: 

Security  from   117.r> 

Appointment  <>f   1  148 

Deputies  and  assistants  of  1117.  Il  ls 

.i mi  ><•••  si'i*Kiti<  >r  cncirr. 

CLERK  OF  OYER  AND  TERMINER  and  General  Sessions  to  reside  in  city  1518 
CLERK  OF  GENERAL  session's: 

See  SKSSK  iNs.  liKNKK  VI.. 

CLERK  OF  SPECIAL  SESSIONS: 

See  SESSIONS,  SPECIAL 
CLINTON  UA.LL  ASSOCIATION,  exempt  from  taxation   884 

CLOSING  STREETS,  etc.  : 

See  STREETS,  ETC..  CI.OSINC  OK. 

COASTING  VESSELS,  exemption  from  pilotage    2119 

COLES'  BRIDGE,  obstructions  at   1958 

COLLECTOR  OF  CITY  REVENUE,  and  Superintendent  of  Markets,  eiiief 

officer  of  bureau   12-"> 

COLLECTOR  OK  ASSESSMENTS,  mid  Clerk  of  Arrears,  chief  officer  of 

bureau   196 

COLLECTION  of  Taxes.  Bureau  of   125 

let  TAXES. 

COLLEGE  OK  CITY  OF  NEW  FORK: 

Trustees  to  certify  sum  needed   10.59 

May  grant  diplomas   10G0 

Education  in,  to  be  free   1060 

•  Trustees  to  make  annual  report   1061 

contents  of  report  ,   1061 

COLLODION,  manufacture  and  storage  of   45G 

CQLUMBIA  COLLEGE,  exempt  from  taxation   821 

COMBUSTIBLES,  BUREAU  OF: 

See  KIRK  DEPARTMENT. 

COMBUSTIBLE  AND  EXPLOSIVE  MATERIALS: 

Set  KIRK  DEPARTMENT. 

COMMISSIONS  in  district  emits   l:JGS 

COMMISSIONS,  receivers,  etc.,  clerks;  deputies,  etc..  not  to  be  appointed  as. 

without  consent  of  parties   1070 

COMMISSIONERS  OF  ACCOUNTS 

Appointment  of   1 1  ♦ » 

Salaries  of  32.  110 

Powers  and  duties  of   111! 

Reports  of.  published   110 

To  examine  chamberlain's  accounts   164 

To  examine  accounts,  vouchers,  and  warrants  110,  164 

Report  of,  to  mayor  and  common  council   164 

what  to  contain  :   164 


734  INDEX. 

Section. 

( IOM  MlssloNEKs  OF  DEEDS: 

Number  of   100 

Terms  of   100. 

I  OMMISSIONEBS  OF  EMIGRATION: 

Sn  EMIGRATION,  0O11HIS8IONEBS  OF. 

COMMISSIONERS  OF  ESTIMATE  AND  ASSESSMENT 
Sc.r  STREETS,  ETC..  OPENIXO'OF. 


COMMISSIONERS 

For  acquiring  title  tQ  lands  for  water  supply  -  388-373 

compensation  of  .,   879 

examination  of  different  claims  l>y  878,  882 


(  OMM1SSIONERS  OF  EXCISE: 

Sm  EXCISE,  BOABD  I  >F. 

( IOM  MISSION  EH  OF  JURORS: 

*«•  JURORS,  COMMISSIONER  OF. 

COMMISSIONERS  OF  LAND  OFFICE: 

To  convey  land  under  water  to  city   730 

Empowered  to  grant  State  lands  for  uses  of  water  .supply   375 


COMMISSIONEHS  FOH  LICENSING  Sailors'  Hotels  and  Hoarding-houses: 

Sre  SAILORS. 

COMMISSIONEHS  OF  PILOTS: 

8n  pilots. 

(  OMMISSIONEH  OF-  PL  RLIC  WORKS: 

See  PUBLIC  WORKS.  DEPARTMENT  OF. 

COMMISSIONEHS  OF  SINKING  FI  ND: 

Sf  SINKING  FUND. 

(  OMMISSIONEH  OF  STREET  CLEANING 

>Vr  STREET  CLEANING;.  DEPARTMENT  OF. 

COMMISSIONERS  OF  TAXES  AND  ASSESSMENTS: 

•Mr  TAXES  AND  ASSESSMENTS. 


COMMITMENT  OF  CHILDREN  15U4-W32 

Ami  CHILDREN. 

COMMITMENT  FOH  VAGRANCY,  by  police  Justices   1563 

COMMITMENT  FOH  EXAMINATION  OR  BAIL   1405 

COMMON  COUNCIL: 

&M  ALDERMEN.  BOABD  OF. 

COMMON  PLEAS,  COURT  OF: 

A  court  of  record   1123 

Records  and  dockets  of,  how  copied   1145 

Existing  jurisdiction  continued   1162 

May  correct  or  discharge  judgments  on  forfeited  recognizances   1163 

Number  of  judges  of   1163 

Chief  judge,  to  be  appointed   1123 

Deputy  clerks  and  assistants   1171 

Appoint  crier   1151 

Power  of,  as  to  money  paid  into  court  .'   1161 

I  las  jurisdiction  of  actions  against  the  city  .v   1103 

Remove  police  justices  and  clerks   1557 

rules  for  proceeding   1558 

hearing  on  cllarges   1559 

Appeal  to,  from  marine  court   1269 

Appoint  attendants  for   1153 

Vacancies  in  :   1124 

Judges  of,  when  to  be  elected   1124 

Judges  are  magistrates   1123 

To  whom  warrants  issued,  by  directed   1494 

Clerk  of,  to  pay  over  fees   1152 

salary  of   1171 

office  of,  to  be  assigned  in  city  hall   1170 

to  report  chauge  of  names. . . :   1167 

Salaries  of  deputies  and  assistants  of  clerk   1171 

Power*  in  foreclosure  of  lien  on  chattel   1159 

Effect  of  decision  of,  in  construction  of  statute   1160 

Jurisdiction  of  action  to  discharge  debtors   1164 

Appoint  trustees  for  prisoners   1165 


iM)i:\.  ?:}."> 

Section. 

COMMON  PLEA8,  (  01  RT  OF  (continued); 

Jurisdiction  to  clUUlgB  names  :   1 166 

Jurisdiction  of  supplementary  proceedings   1168 

When  take  recognizance  ^   i  iwt 

Proceedings  In  t<>  assess  damages  for  buildings  pulled  down  by  Arc  dc 

paxtment   450 

Surrogate  pay  order  jury  trial  in  1196,  I19N 

Transcript  of  judgment  agmnst  marshal  filed  in   1808 

Jurisdiction  over  judgments  on  recognizances   1480 

When  vacate  judgments  on  recognizances   1-183 

Enforce  payment  of  tax   857 

Removal  Of  district  court  action  to   1287 

When  act  as  surrogate  118:5.  1 184 

order  to  act  as  ,  1 184,  1 185 

revocation  of  order  to  act  as  1186,  1188 

seal  to  be  used  l>v.  in  such  cases   1187 

how  papers  entitled  in  such  cases  .  .  .  1187 

where  papers  filed  in  such  cases   1187 

transfer  of  cases  to  surrogate   1188 

Judge  designated  to  sit  in  supreme  court   1110 

powers  of  such  judge   1110 

When  judge  of,  may  hold  general  sessions  ,   1526 

Judges  of,  appoint  stenographers  1149,  1150 

parties  required  to  pay  fees  of   1149 

salary  of   1149 

fees  of   1150 

appoint  crier   1151 

salary  of   1151 

appoint  attendants   11515 

habeas  coVpus  issued  by   1155 

bail  taken  by  1156,  1157 

Certiorari  issued  by   1158 

May  order  papers  destroyed   1125 

Jurisdiction  of   1126 

Jurisdiction  of  actions  against  several  defendants   1128 

Jurisdiction  of,  presumed   1129 

need  not  be  pleaded   1129 

\V;U)t  of  jurisdiction  waived,  unless  pleaded   1129 

Extent  of  jurisdiction   1130 

Enforce  mandates  as  in  supreme  court   1130 

Power  of  justices   1130 

Removal  of  actions  from,  to  supreme  court, 

order  of  removal,  and  effect  of   1132 

when  ami  where  made   1133 

appeal  from   1134 

Jurisdiction  of  corporations   1127 

Removal  of  actions  to,  from  supreme  court   1137 

dutv  of  clerk  on   1138 

effect  of   1139 

When  county  judge  may  make  orders  in  actions  in   1140 

Send  mandate  throughout  State   1141 

Judge  of,  fix  terms   1142 

General  term  held  by  two  judges   1143 

Special  or  trial  term' held  by  one  judge   1144 

When*  ffirmancc  had  "     1 143 

When  reargument  had   1143 

When  books,  records,  etc.,  of,  may  be  copied   1144 

expense  of  such  copying   1145 

Clerks  and  deputies  ♦   1146 

Powers  of  deputies  +  1146  -1148 

COMPLAINT  in  District  Courts,  service  of   1301 

(  OMPTROLLER: 

Head  of  finance  department  '   37  . 

Term  of  office   37 

Teim  of  office  of  successor  of  present   106 

Salary   52 

To  bring  together  officers  authorized  to  receive  taxes,  etc  %   48 

City  officers  to  report  amount  of  fees,  etc.,  to  '   56 

His  general  duties  and  powers  :   123 

To  draw  warrants  on  chamberlain   128 


r 


Section 

COMPTROLLER  (continued): 

False  swearing  before,  perjury   123 

May  appoint  deputy  ".   1!>4 

May  designate  deputy  to  perform  duties  of   124 

To  supervise  auditing  of  accounts  125  (suh.  4) 

To  publish  annual  statement   12(5 

How  may  apply  money  accruing  on  sales  for  tuxes,  etc   191 

To  sell  indices   128 

To  regulate  exchange  and  transfer  of  slock  and  bonds  183,  185 

Duty  of,  as  to  bonds  of  annexed  district   138 

When  may  issue  "  city  improvement  stock"  ,  189 

May  create  stock  for  parks,  etc.,  on  Fourth  a\enue   140 

To  issue  "additional  C'roton  water  stock"   141 

To  issue  bonds  for  rights  of  way,  etc.,  for  drains   142 

To  issue  "  dock  bonds"   14H 

To  submit  estimates  of  taxes  and  receipts   212 

To  certify  final  estimate  to  board  of  aldermen   214 

May  execute  undertakings  in  legal  proceeding-   248 

To  invite  proposals  for  bonds   144 

To  sign  bonds  for  relaying  pavements   147 

To  inform  commissioners  of  sinking  fund  as  to  leases  for  corporation .  .  181 

To  pay  expenses  on  account  of  unsafe  building-   158 

to  issue  bonds  to  raise  money  therefor   158 

Payments  to,  by  police  department   202 

Member  of  hoard  for  contracting  for  lighting  streets   09 

board  of  -licet  openings   955 

board  of  commissioners  of  sinking  fund   170 

board  of  estimate  and  apportionment   189 

board  to  select  deposit  banks  v   165 

board  of  revision  of  assessments   867 

4                 To  issue  bonds  for  Brooklyn  bridge   151 

To  issue  bonds  for  Morningside  park  improvements   152 

To  issue  revenue  bonds  for  State  taxes   153 

To  issue  bonds  for  claims  and  judgments  .•  14* 

When  to  issue  consolidated  stock  for  improvements   149 

To  borrow  sums  necessary  for  appropriations.  .  ,  ,  154 

To  issue  bonds  for  proceedings  to  remove  police  commissioner   155 

To  issue  bonds  for  corrected  assessments  «...  150 

To  issue  bonds  for  assessments  above  One  Hundred  and  Fifty-lift]]  st.  .  145 
To  create  siock  for  si  reels,  tie.,  in  Twenty-third  and  Twenty-fourth 

Wards..!    140 

To  pay  expense  of  removal  of  reservoir  130,  159 

approve  sureties  for  street  cleaning   131 

issue  revenue  bonds  for  certain  purposes  157,  158,  159,  160,  161 

pay  costs  on  hastardy  appeals   162 

To  apportion  taxes.'  .'   841 

To  prepare  estimate  for  tax  levy   829 

To  apportion  tax  on  redemption   942 

To  certify  service  of  notice  to  redeem   946 

May  suspend  or  postpone  sales  !  "   928 

Give  lease  of  lands  sold,  though  certificate  lost   950 

Declare  oflice  of  receiver  of  taxes  vacant   836 

To  adjust  accounts  of  receiver  and  deputy   837 

To  verify  returns  of  receiver  of  taxes   850 

r  Dutyr  to  suspend  receiver  of  taxes  or  deputy   851 

Appoint  temporary  receiver  of  taxes  851,  852 

To  certify  to  assessors'  expenses  incurred   868 

Assessments  for  Spuyteu  Duyvil  improvement  paid  to   890 

to  advertise  notice  to  pay   890 

issue  warrant  to  collect.  .•   890 

to  pay  awards   892 

to  repay  surplus  *.   892 

Record  of. confirmed  assessments  kept  in  oflice  of  •  •.  .  885 

Summons  may  be  served  oh   1080 

When  pay  for  copying  records  in  county  clerk's  office   1733 

Clerk  of  marine  court  account  to   1226 

■Certain  moneys  deposited  to  joint  credit  of,  and  public  administrator. .  240 

drawn  upon  joint  check  of   240 

register  of.  kept  by   240 


INDEX.  737 

Section. 

comptroller  oh'  STATE,  certificate  of  valuations  transmitted  to   832 

Payments  lor  Stale  lax  reported  to,  liy  chamberlain   100 

To  draw  warrants  for  State  tax  on  chamberlain   100 

(  ONBOLtDATION  OF  CITY  AND  COUNTY: 

See  CoRI'OKATK  »\ 

CONSOLIDATION 

Of  city  debt   J 32 

Of  bureaus   48 

CONSOLIDATED  STOCK  : 
Of  the  city. 

what  is,  and  how  designated   182 

certain  stock  or  bonds  may  be  exchanged  for   182 

faith  of  corporation  pledged  for   188 

form  of,  bow  signed  and  sealed   188 

denominations  and  wlien  redeemable  134-130 

coupon  convertible  into  registered   134 

registered,  bow  transferable   184 

when  to  be  issued  for  improvement*   149 

issued  by  direction  of  commissioners  of  sinking  fund   170 

( )f  the  county, 

coupon  convertible  into  registered   185 

registered,  bow  transferable   135 

I  (INSTRUCTION  OF  RAILROADS,  in  streets  1943-194C 

CONSTRUCTION.  ALTERATION,  AND  REPA IR  OF  BUILDINGS: 

*-.r  BCILDINCS. 

CONTEMPT  PROCEEDINGS  to  collect  taxes  857,  858 

CONSUMPTIVES.  HOUSE  OF  REST  FOR.  exempt  from  taxation   824 

CONTESTANT  FOR  OFFICE,  when  expenses  of.  paid   211 

CONTRACTS: 

Not  binding  without  comptroller's  certificate   123 

What  certificate  to  contain   123 

Not  to  apply  to  expenditures  below  one  thousand  dollars   123 

Made  by  beads  of  departments   04 

Notice  of,  published  in  '•  City  Record"   04 

Terms  of,  to  be  settled  by  corporation  counsel   04 

Rids  and  proposals  to  be  publicly  opened   04 

comptroller  to  be  present  _   04 

Award  to  lowest  bidder   04 

When  rcadvertiscd   04 

To  be  executed  in  duplicate   04 

Filed  in  finance  department   04 

Security  required  for  faithful  performance  of   04 

sufficiency  of,  to  be  approved  by  comptroller   64 

Deposits  bid  for   04 

Payments  on,  indorsed  thereon   04 

When  declared  forfeited  and  void  ,.   59 

Relet  when  lowest  bidder  refuses  to  accept   r>4 

when  contractor  fails  to  give  proper  security   04 

when  work  is  abandoned  by  contractor   04 

Ordinances  concerning,  to  be  passed  by  common  council   04 

Debtors  or  defaulters  to  corporation  not  to  be  awarded   04 

Officers  of  corporation  not  to  be  interested  in   59 

When  declared  forfeited  by  comptroller   59 

Work  and  supplies  to  badone  and  furnished  by   04 

exceptions   64 

To  be  founded  on  sealed  bids,  etc   04 

For  printing  "  City  Record"  • '•  ■  •   08 

For  all  printing  and  stationery  «   68 

proposals  for,  requirements  of  •   68 

certain  amount  to  be  withheld   08 

For  building  piers,  etc   714 

CONVEYANCES  may  lie  deposited  with  register   1758 

.turf  *«■<•  REGISTER. 

CONVICTS: 

s  ,  CHARITIES  AND  CORRECTION,  DEPARTMENT  OF 


?:;•>  ini>ex. 

Bcctlon. 

COOPER  INSTITUTE,  exemption  from  luxation   821 

COPIES  OF  RECORDS,  papers,  He.,  to  he  furnished  by  head-*  of  depart- 
ments  49 

CORONERS: 

Number  of     1766 

Election  of   1766 

May  subpoena  physicians   1773 

May  call  a  jury   177-1 

Sudden  deaths  to  Iw  reported  to.   1775 

May  permit  body  to  be  moved   1776 

Constitution  of  jury   1774 

Clerk  of  coroners   1768 

When  employ  expert   1771 

Compensation  of  expert    191  l?;:.' 

Salaries  of  ,   1767 

Contingent  expenses  of   1767 

Appoint  physicians   1769 

Salary  of  physicians  201.  1770 

Names  of  deceased  persons  to  be  reported  by,  to  public  administrator. . .  246 

penalty  for  failing  to  report   246 

Certificate  of  inquest,  what  to  contain. ... :    604 

inquest,  notice  of,  given  health  board   568 

Power  of  health  board  over  56N,  1777 

File  abstract  of  testimony   1777 

Report  homicide  enses  to  district  attorney   1777 

When  police  justices  act  as   1779 

CORPORATION 

Corporate  name  and  powers   26 

County  and  city  a  body  corporate   26 

known  as  the  mayor,  aldermen  and  commonalty   26 

rights,  property,  etc,  vested  in  '  26 

claims  and  demands  against  county  vested  in   26 

local  administration  and  government  of  city  and  count)-  jrt- 

formcd  by   27 

fund-,  held  by  county  treasurer  to  be  funds  of   28 

(  barges  and  liabilities  of  county  to  l>e  corporation  charges   27 

Election  or  appointment  of  county  officers  not  to  Ik-  affected  by  consoli- 
dation t  /   27 

County  not  affected  for  certain  purposes   27 

Compensation  to,  when  lands,  etc.,  of,  taken  for  street  openings   980 

To  pay  for  benefits  to  laud,  etc.,  in  street  openings  ,   980 

Papers  of,  in  addition  to  "  City  Record,"  number  of  and  how  selected.  .  66 

What  to  be  inserted  in   66 

Responsible  for  moneys  collected  by  public  administrator   244 

for  stock  transferred  by.  etc.,  and  all  moneys  paid  by.  into  treasury.  244 

for  faithful  execution  of  duties  of  his  office  * .  244 

Payments  by,  how  made  -   123 

Faith  of,  pledged  for  consolidated  city  stock   133 

Prohibited  from  diminishing  revenues  of  sinking  funds   179 

May  borrow  money  for  deficiencies  of  assessments   150 

Issues  of  stock  to  pay  assessments  upon   139 

May  issue  bonds  to  pay  for  paving  streets  and  building  sew  ers,  etc   144 

Leases  of  real  estate  for  use  of   481 

Undertakings,  etc.,  by,  in  legal  proceedings   248 

CORPORATIONS: 

"When  resident  ?   1127 

Service  upon   1127 


CORPORATION  ATTORNEY : 

Chief  officer  of  bureau  in  law  department   216 

Duties  of   216 

All  actions  by,  to  be  in  name  of  mayor,  aldermen  and  commoualtv. . . .  216 

Salary  of  "   52 

Report  of,  to  be  published   215 

When  to  collect  jury  penalties   1692 

And     LAW  DEPARTMENT. 


INDEX.                '  730 

Section. 

CORPORATION  (  01  N8EL: 

Hc:nl  of  Ihc  law  ili-parl incut   BO 

Term  of  office   30 

Salary  of  <  '.   52 

Term  of  office  of  successor  of  present   100 

General  powers  anil  duties   21I> 

Settle  terms  (if  contracts   (it 

May  assume  control  of  suits  on  proceedings  relative  to  personal  taxes 

and  employ  counsel   804 

1'upers  to  commence  action  may  lie  served  on   1105 

Summons  may  be  served  on  1080 

May  assign  counsel  to  Officers  Ol  corporation  in  summary  examination  .  .  ~  1 1 

Member  of  board  of  revision  and  correction  of  assessments   80? 

board  of  printing  and  stationery   08 

board  to  supervise  "City  Record"   06 

To  assign  attorneys  to' departments   916 

To  appoint  attorney  for  collection  of  personal  taxes   215 

To  advise  as  to  bonds  to  be  given  by  corporation  in  legal  proceedings. . .  248 

To  act  in  acquiring  wharf  property   715 

Take  proceedings  to  open  certain  streets  900.  961,  902 

Duty  of,  in  acquiring  lands  for  Harlem  river  improvement   078 

Present,  to  represent  city  before  assessment  commission   909 

Reports  of.  to  comptroller,  what  to  contain   316 

Aiul-tr  LAW  DEPARTMENT. 

COSTS. 

In  suits  on  bastardy  and  abandonment  bonds   1422 

On  bastardy  appeals   102 

In  district  courts  1410-1425 

In  marine  court  1276-1378 

Security  for.  in  marine  court   1285 

In  assault  and  battery,  when  complainant  to  pay   1500 

None  against  city  on  forfeited  recognizances   1484 

None  on  habeas  corpus   1489 

On  recognizance  for  good  behavior  or  to  keep  peace   1471 

COTTON : 

Damaged,  etc..  when  reported   54~< 

penaltv  for  omission   548 

Storage  of   462 

(  Ol'NSKL: 

When  assigned  to  officers   168 

Assigned  to  departments  ;   215 

COUNSEL  TO  THE  CORPORATION: 

See  CORPORATION  COUNSEL. 

COUNTERCLAIM  in  marine  court   124;: 

COUNTY  OF  NEW  YORK : 

Boundaries  of   I 

Charges  against  and  obligations  of   27 

Funds  of,  to  be  held  for  corporation  '   88 

.Imfwr  CORPORATION. 

COUNTY  DEBT: 

•CONSOLIDATED  STOCK. 

COUNTY  CLERK 

When  chosen   1719 

Security  by   1736 

Act  till  successor  qualities   1719 

Vacancy  in  office  of   1719 

Reside  in  city   1721 

Fees  for  searches   1728 

Salary  of   1722 

Aldermen  may  increase  or  diminish  salary   1722 

Appoint  assistants   1727 

Salaries  of  deputy  and  assistant   1727 

How  assistants  appointed   1727 

Liable  for  acts  of  assistants  ."   1727 

Keep  account  of  fees   1728 

Account  open  to  public   1728 

To  report  and  pay  over  fees  .1726.  1729.  1730 

Assistants  to  certify  before  payment  of  salary  '  *   1730 


740  INDEX. 


Section. 

(  oi'NTY  CLERK  (continued) 

Assistants  to  give  security  ,   1736 

Appoint  searchers   1724 

Must  make  searches   1725 

Keep  and  tile  account  <>f  fees   1702 

Office  hours   174J 

Assign  clerk  to  care  of  records   1735 

Fees  for  searches  _   1723 

Time  within  which  searches  to  he  made   1725 

Liability  for  errors  in  searches   1725 

To  copy  certain  records   1733 

Assistant  deputy   1733 

Number  and  salaries  of  deputies  and  clerks   1732 

To  docket  forfeited  recognizances  as  judgments   1480 

Not  to  record  conveyances,  mortgage*,  etc   1734 

Take  fee  on  tiling  notary's  oath   1712 

To  docket  district  court  judgments  on  transcript*   1392 

To  furnish  transcripts   1397 

Transcripts  of  satisfaction  tiled  with   1407 

To  keep  lien  docket   1811 

Fees  of,  on  tiling  lien   1811 

To  give  notice  of  drawing  of  jurors   1673 

To  give  sheriff  minute  of  drawing   1679 

To  keep  election  returns,  unopened   1900 

Duty  of,  on  receiving  notice  of  Statcschool  moneys   1054 

COUNTY  CANVASSERS 

8m  ELECTIONS. 

COUNTY  TREASURER,  funds  held  by  officer  as  •  •  •  •   28 

Ami  we  CHAMBERLAIN 


COUNT'S  JUDGE,  when  may  make  order  in  actions  in  superior  city  courts.  1140 


COUNTY  OFFICERS  eh-ction  of.  etc    not  alVeeted  by  consolidation  

COURTS 

Places  for  holding,  how  procured  ',   1073 

When  places  for  holding  to  he  appointed  by  mayor   118 

publication  of  proclamation  thereof.  .  .  .,   UH 

Place  of  holding  changed  by  mayor   1074 

Disposition  of  money  paid  into   1085 

To  take  judicial  notice  of  seal,  signature.  etc..  of  hoard  of  health   621 

Volumes  of  laws  affecting  city,  to  he  read  in  evidence  in   1107 

COURT  ATTENDANTS,  how  appointed  1113,  1153 

COURT  CALENDARS : 

Publication  of   1093 

expenses  of,  provided  for  194,  1094 

COURTS  OF  RECORD,  what  arc  1123,  1205 

COURT  HOUSE,  COUNTY,  completion  of   344 

COURT  OF  ARBITRATION: 

See  ARBITRATION.  COURT  OF 

CRIER  : 

Of  supreme  court   1116 

salary  of   1116 

Of  superior  court  and  common  pleas   1151 

CRIMINAL  PROCESS,  by  whom  served   281 

CRIMINAL  STATISTICS,  lobe  prepared  99,  1592,  1718 

CROTON  LAKE  AND  WATERS  ; 

Preservation  and  care  of   357 

No  offensive  matter  to  be  thrown  or  deposited  in   362 

And  »ee  PUBLIC  WORKS.  DEPARTMENT  OF 

CROTON  WATER,  bureau  relating  to.  in  department  of  public  works   317 

And  see  PUBLIC  WORKS.  DEPARTMENT  OF 

CROTON  WATER  STOCK,  additional   141 

CUSTOM  HOUSE,  exempt  from  taxes   82G 


INDEX.  741 


ID 

Section. 

DAILY  REGISTER,  authorized   1098 

DAMAGES 

To  persons  and  property  by  fire,  when  dvll  action  ror   45;t 

For  altering  mules........   IW8 

.in-'  in  STREETS,  ft-- ,  OPENING  OT 

DEAD  : 

Permit  for  removal  of   BM 

Removal  of  568.  56i» 

from  cemeteries   569 

Burial  of,  when  ordered  by  health  board   588 

DEAD  ANIMALS,  etc.: 

Remova]  of,  by  board  of  health   500 

Contract  for  removal  of   507 

DEAD  BODIES,  not  to  be  disturbed  without  coroner's  order   177<". 

DEATHS: 

Report  of,  by  relatives  Or  friends   004 

by  physicians   004 

Record  of,  by  board  of  health   000 

Record  of,  by  register  of  records   534 

Report  of  physicians  as  to  cause  of   60tf 

Strangers,  death  of,  to  be  reported  to  public  administrator   246 

DEBT  OF  CITY,  payment  and  cancellation  of  171-177 

DECREE,  sales  of  real  estate  under   1088 

DEEDS: 

Number  and. tonus  of  commissioners  of   100 

Indices  of,  kept  by  register   175"2 

DENOMINATIONAL  SCHOOLS: 

No  appropriation  to,  from  tax  moneys   01 

Sales  and  leases  of  property  to   01 


DEPARTMENT,  FINANCE: 

See  FINANCE  DEPARTMENT. 

DEPARTMENT.  FIRE: 

Set  FIRE  DEPARTMENT. 

DEPARTMENT,  L  A  w 

.See  LAW  DEPARTMENT. 

DEPARTMENT,  POLICE: 

See  POLICE  DEPARTMENT. 
DEPARTMENT,  HEALTH: 

See  HEALTH.  DEPARTMENT  OK. 

DEPARTMENT  OF  PUBLIC  WORKS 

See  PUBLIC  WORKS.  DEPARTMENT  OK. 

DEPARTMENT  <>E  PUBLIC  CHARITIES  AND  CORRECTION: 
See  CHARITIES  AND  CORRECTION.  PUBLIC.  DEPARTMENT  OK 

DEPARTMENT  OF  PUBLIC  PARKS: 

See  PARKS.  PUBLIC.  DEPARTMENT  OF. 

DEPARTMENT  OF  TAXES  AND  ASSESSMENTS: 

See  TAXES  AND  ASSESSMENTS.  DEPARTMENT  OF. 

DEPARTMENT  OF  DOCKS:  • 

See  DOCKS,  DEPARTMENT.  OK. 

DEPARTMENT  OF  STREET  CLEANING: 

See  STREET  CLEANING.  DEPARTMENT  OF. 

DEPARTMENTS. 


Common  council  may  pass  ordinances  for  better  organization,  etc..  of. .  85 

Records  of  transactions  to  be  kept   51 

abstract  thereof  published  weekly   51 

Reports  of.  to  be  published  in  '•  City' Record  "  49,  2'2"2 

Expenditure-  for  work  or  supplies  not  to  be  made  unless  authorized  and 

appropriated   64 

Certified  copies  of  books,  papers,  etc.,  when  to  be  furnished  by   50 

police,  department  excepted   50 


74  2 


I  MM  X. 


Scotton* 

DEPARTMENTS  (continued): 

Books  and  papers  of,  when  open  lor  inspection   .r>(| 

No  expense  incurred  by,  unless  mi  appropriation  for   46,  47 

Transfer  of  appropriations  for   204 

Legal  papers  for,  prepared  by  corporation  counsel   215 

Attorney  or  counsel,  not  to  he  employed  hy   215 

may  be  assigned  by  corporation  counsel   215 

Titles  of   34 

Subordinate  officers  in,  how  appointed   48 

number,  salaries  and  duties  of   48 

removal  of   48 

Bureaus  in,  may  be  consolidated   48 

President  of,  entitled  to  seat  in  board  of  aldenncn   70 

Quarterly  reports  of   49 

Majority  of  board  in  any,  to  be  a  quorum   40 

Hoards  in,  to  choose  officers   46 

DEPARTMENTS,  HEADS  OP 

How  appointed   10G 

Salaries  of  *   52 

Terms  of  office,  and  when  to  commence   106 

Removal  of   108 

Subordinates,  may  appoint  and  remove   48 

may  define  duties  of   48 

may  li\  salaries  of,  subjci  1  lo  revision  of  board  "f  estimate,  <  (c  .  -IS 

Not  to  incur  expenses  in  excess  of  appropriation   46,  47 

To  prepare  departmental  estimates    189 

what  to  contain   189 

May  make  contracts   (54 

To  open  bids  and  proposals   04 

To  sell  property  at  auction   82 

deposit  proceeds  with  chamber  lain   82 

tile  account  of  sale  w  ith  comptroller   62 

May  consolidate  bureaus   4H 

To  furnish  copies  of  records,  etc   50 

To  contract  for  work  and  Supplies   64 

To  furnish  matter  to  be  inserted  in  "  Ciiv  Record  "   68 

W  hat  called  and  how' composed  in, 

finance  department   35 

law  department   36 

police  department   37 

department  of  public  work?   38 

department  of  public  charities  and  correction   39 

fire  department   40 

health  departmcut  ;    41 

department  of  public  parks   42 

department  of  taxes  and  assessments   43 

department  of  docks   44 

department  of  street  cleauing   45 

DEPOSIT  of  city  funds,  banks  for   165 

DEPOSITIONS: 

Justices  of  district  courts  may  take   1391 

Of  emigrants,  when  and  how  taken  2057,  2p6:3,  2065 

DEPtJTT  CLERK  not  to  be  referee,  receiver  or  commissioner   1079 

DEPUTY  COMMISSIONER  OF  PUBLIC  WORKS   815 

Ami  «v  PUBLIC  WORKS 

DEPUTY  COMPTROLLER: 

His  appointment   124 

His  duties  and  powers   124 

When  to  exercise  powers  of  comptroller   124 

Time  limited   124 

And  tee  COMPTROLLER. 

DEPUTY  RECEIVER  OF  TAXES: 

To  enter  payments..   •   850 

To  furnish  statements  to  comptroller  850,  851 

DIRT  in  streets   1936 

DIRT  CARTS,  ordinances  in  relation  to,  may  be  enacted   86 

DISCOVERY  of  property  withheld,  petition  for   1202 


im»kx.  74  :> 

Section. 

DISEASES: 

Infectious  and  contagious  lo  be  reported   008 

communication  with  those  sick  of   550 

Prevention  of  spread  of   57 1 

Information  as  to,  in  State   572 

DISORDERLY  CONDI  (T 

What  is   1458 

Fast  driving  is   1 44K 

Discharge  of  those  committed  for   398 

DISORDERLY  PERSONS  * 

Who  are   1458 

one  who  suifers  a  vicious  dog  to  be  at  large   1458 

prostitutes ..  *■   1458 

one  using  language  to  provoke  breach  of  peace   1458 

those  who  abandon  wives  or  children   1454 

those  who  abandon  families  or  threaten  to   1455 

may  be  ordered  to  pay  for  support  of  family   1450 

Arrest  of   1459 

How  discharged  ,  1457,  14G<> 

Bond  of,  to  leave  the  State   1400 

How  bonds  given  by,  prosecuted  •.  . .  1501 

DISPOSSESS  PROCEEDINGS:  . 

Sm  SUMMARY  PROCEEDINGS  mid  DISTRICT  COURTS. 

DISTRICT  OF  ASSESSMENT: 

On  opening  streets,  etc   970 

On  opening  squares  and  places   978 

DISTRICT  ATTORN K Y 

Salary  of  ,   1503 

Assistants  to,  number  of   1508 

salaries  of   1508 

Information  to.  of  suspected  arson   465 

Take  testimony  de  bene  1407,  14GK 

To  aid  clerk  of  oyer  and  terminer  and  sessions  in  collecting  fees   1505 

Xotiee  of  application  to  remit  fine  to  be  given  to   1492 

To  file  forfeited  recognizances   1480 

To  move  forfeiture  of  recognizances   1472 

To  prosecute  forfeited  recognizances  .•   1479 

to  pay  over  collections  on   1479 

(  Vi  t ilicate  of,  to  vacate  judgments  on  forfeited  recognizances   1488 

When  notice  of  application  for  bail  to  be  given  to   1488 

To  consent  to  employment  of  expert  by  coroner   1771 

To  prosecute  violations  of  election  law   1922 

DISTRICT  COURTS: 

Places  for  holding,  to  be  assigned  by  common  council.  !*   92 

Districts,  how  constituted  1279,  1280 

Jurisdiction  of   1285 

Only  have  jurisdiction  specially  conferred   1284 

Of  what,  have  not  jurisdiction   1286 

Removal  to  common  pleas   1287 

Retain  former  jurisdiction   1288 

When  justice  transfers  action  to  another  justice   1292 

•    AVhere  actions  to  be  brought  1289,  1290 

What  justice  may  hold  court   1292 

Clerk  may  adjourn   1292 

Where  and  when  court  held   1291 

Seals   1293 

Parties  appear  in  person,  or  by  agents  or  attorneys   1294 

Have  jurisdiction  of  suits  on  marshal's  bonds.   1702 

Process  from,  by  whom  served   1709 

Judge  issue  warrant  of  arrest  and  search  warrant  under  game  laws   1300 

Salary  of  interpreters  of  •  •  • "   1540 

When  marshal  not  appear  in   1294 

How  actions  iu,  commenced   129G 

Voluntary  appearance  in   1290 

How  and  when  guardian  in,  appointed   1295 

Summons,  form  of   1297 

When  short  summons  in   1299 

Who  may  serve  summons   1300 


INDEX. 


Section. 

DISTRICT  COURTS  (<»nrf«  

Proof  of  service   1301 

Appearance,  time  for  1808,  1299 

Service  of  summons,  how  made   WO 

Complaint,  when  served  with  summons   1340 

Complaint,  when  verified   1346 

Arrest,  when   1804 

Proceedings  after  arrest   1300 

Marshal  to  uotifv  plaintiff  of  arrest   1310 

Arrest,  duty  of  marshal  on  1308.  1309,  1311.  1314,  1815 

Time  of  detention  limited   1815 

Attachments  in   1310 

what  necessary  to  obtain  1317,  1318 

Proof  on  arrest.  *   1808 

1  ndcrtaking  on  arrest  -   130"> 

Process  not  served  outside  city   1303 

When  action  in,  deemed  commenced   1303 

When  plaintiff  to  give  security   1800 

When  pleading  takes  place   134ft 

Adjournments  1808-1885 

Inspection  may  l>e  ordered   1301 

If  plain  tilt  does  not  appear,  action  dismissed   1366 

Commissions  to  take  testimony   1308 

Testimony  de  bene  *.   1369 

Subpoenas  in   1370 

served  in  adjoining  county   1370 

Witnesses,  attachment  of  ■   1370 

•furors,  list  of   1371 

.1  u rors  reside  in  district   1371 

Trial  by  jury   1372 

Jury  of  twelve   1373 

Summoning  jury  1372,  1373 

Fines  of  jurors.'   1371 

Talesmen   137.J 

Drawing  jurors  1372,  1370 

Jurors'  fees,  paid  on  demand  of  jury   1377 

Challenge  of  jurors   1379 

Verdict  Of  jury   1380 

Judgment  on  verdict  •   1380 

Transfer  of  causes   1360 

.Mode  of  swearing  jury   1381 

Attachment  served  by  marshal   1302 

What  process  served  by  marshal   1302 

Alias  .summons   1303 

Trial 'continued  from  day  to  day   1387 

Mode  of  trial. #  :   1381 

When  judgment  of  dismissal   1382 

Right  to  discontinue   1382 

When  judgment  for  plaintiff  by  default   1383 

Time  for  decision  limited   1384 

Excess  of  recovery  beyond  jurisdiction  *   138."> 

If  defendant  liable  to  arrest  to  be  so  slated  in  docket   1386 

Execution,  how  issued   1399 

form  of  -. .  1400 

against  the  person   "1401 

renewal  of  1402,  1403 

limit  of  arrest  on   1400 

time  of  sale  under   1400 

Marshal,  liability  of   1407 

Satisfying  judgments  docketed  with  countv  clerk   140* 

Clerk,  duty  of   1409 

deliver  books  and  papers  to  successor   1412 

issue  execution  on  former  judgment   1413 

certify  copies  of  papers   1414 

docket  to  be  kept  by   1409 

form  and  contents  of     1409 

Docket  entries  as  evidence   1410 

Index  to  docket   1411 

City  furnish  rooms,  etc   1436 

Costs,  fees  >  1410-1418,  1423 

•Costs  after  answer  of  title   1421 


INDEX.  745 

Section. 

DISTRICT  C0URT8  (continued) 

in  actions  on  bastardy  bonds   1422 

Marshal's  fees   1419 

Extra  costs   1420 

Clerks,  how  appointed   1427 

appoint  deputy's  salary   1427 

duty  of   1428 

term  of   1427 

offlCC  hours  of   1428 

to  account  monthly   1429 

lo  gjVe  bonds   1480 

may  administer  oaths   1431 

Appeals  from,  to  common  pleas   1488 

Justices  administer  oaths  and  acknowledgments   1391 

may  take  depositions  '   1391 

not  exercise  powers  of  police  justices   1389 

powers  of,  in  special  proceedings   1388 

Tianscript  of  proceedings  certified  By  justice,  evidence  1817,  1 4-10 

Witnesses,  attendance  of,  compelled  in  special  proceedings   13*K 

Subpu'iias  to  be  signed  by  justice  in  special  proceedings   1388 

Special  proceedings  continued  before  another  justice   1387 

No  abatement  by  death,  removal  or  vacancy   1390 

Costs  in  judgment  for  female  employee   1424 

No  jurisdiction  of  actions  for  seamen's  wages   1280 

No  jurisdiction  of  actions  against  city   1280 

Jurisdiction  of  actions  in  bastardy  and  abandonment  bonds   1285 

Allowances  in  actions  on  bastardy  and  abandonment  bonds   1422 

Rules  of  supreme  court,  apply  to   ■  1420 

Summons,  by  whom  served   1357 

Defaults  may  be  opcucd   1307 

*      City's  actions  for  penalties,  where  brought   1290 

Jurors,  panel  of   1371 

Jurors,  fines  upon   1371 

Jury  may  consist  of  twelve   1371 

Salaries  of  justices   1283 

Clerks  and  assistants  to  receive  no  fees   1429 

Interpreters  to  be  appointed   143:5 

salary  of   1488 

Stenographer's  fees  for  transcripts   1439 

Judgment  on  defendant's  bond  on  attachment   1324 

Action  where  attachment  vacated   1325 

Return  on  attachment   1320 

application  to  vacate   1327 

effect  of  vacating  *   1328 

Proceedings  on  attachment  where  no  personal  service   1329 

Warrant  to  seize  chattel  in  foreclosure  of  lien   1330 

Judgment  on  foreclosure  of  lien  on  chattel   1330 

Replevin  in   1331 

proceedings  on  1882-1846 

requisition  to  marshal   1333 

duty  of  marshal  on   1334 

service  of  summons  in   1334 

return  of  marshal  in   1335 

•  exception  to  plaintiff's  sureties   1336 

demand  by  defendant   1337 

qualifications  of  sureties  in.   1388 

when  chattel  delivered  to  plaintiff   1339 

penalty  on  marshal  for  wrong  delivery   1340 

w  hat  provisions  of  Code  apply  to   .1341,  1343 

claim  of  third  party  in   1341 

answer  in   1342 

proceedings  where  no  personal  service   1344 

hearing  where  personal  service  had   1345 

when  complaint  served  with  summons   1340 

Pleadings  in   1347 

What  provisions  of  Code  apply  to  pleadings  and  proceedings  in   1347 

Pleadings  in  actions  on  bastardy  and  abandonment  bonds   1348 

when  new  summons  in   1348 

Answer  of  title   1349 

Proceedings  on  answ  er  of  title  1350,  1352-1354,  1356 

Proceedings  where  trial  shows  title  involved     1353 


748 


INDEX. 


.  Section. 

DISTRICT  COURTS  {confinx  d) 

New  action  after  discontinuance  because  title  Involved                   .1851,  1355 

Summary  proceeding*  to  mover  real  property  In  '  1357 

precept  In,  served  by  marshal   1357 

petition  in   1358 

precept  in,  where  returnable   1358 

place  of  trial   1358 

answer  in  i   1359 

transfer  of  proceeding   1300 

Adjournment  where  party  under  arrest   1303 

Conditions  imposed  on  adjournment   1363 

Default  proved  ,   1307 

Clerk  to  report  jurors  lined   1371 

Fees  on  adjournment  after  jury  .summoned   1378 

Clerk  to  give  transcripts  of  judgments   1392 

Execution  after  transcript   1392 

Where  Judgment  a  lieu  on  real  property   1392 

Contents  of  transcript  when  defendant  liable  to  arrest   1 394 

Transcript  of  judgment  for  chattel   1394 

Judgment  where  notion  is  against  several  ,   1395 

against  defendant'*  not  served   1395 

transeript  of,  where  some  defendants  uotscrved   1390 

action  on,  where  some  defendants  not  served   1390 

effect  of  docketing  with  county  clerk   1397 

against  marshal   1398 

Execution  in   1399 

Execution  against  joint  debtors   1400 

Proceedings  where  execution  directs  arrest .   1401 

Execution  may  be  renewed  1402,  1403 

What  judgments  enforced  by  arrest  1 404^  1405 

Time  limited  for  arrest  on  sale  in  execution   1406 

Liability  of  marshal  with  execution   1407 

Transcript  of  satisfaction  tiled   1408 

Clerk  to  keep  docket   1409 

c  ontents  of  *.  1409,  1410 

to  be  indexed   1411 

Justices  Of,  appoint  attendants   1432 

appoint  Interpreters  -   1433 

appoint  stenographers   1434 

appoint  janitors   1435 

Meaning  of  terms   1487 

Stenographers'  fees  on  appeals   1439 

May  issue  search  warrant  for  game   1306 

Order"  of  arrest  in   1307 

Bail  on  arrest  in  1311-1313 

Warrant  of  attachment  in    1318 

Duty  of  marshal  on  attachment  1320-1323,  1326 

Service  of  attachment   1321 

Undertaking  to  relieve  attachment   1322 

Claim  of  third  person  to  property  attached    1323 

DISTRICT  JUDGES: 

Election  of   1281 

Terms  of  office  ..   1281 

Salaries  of  '.   1283 

Qualifications   1282 

Vacancies  in   1281 

how  filled   1281 

When  term  to  commence   1281 

DOCKET  OF  LIENS   1813 

DOCKS,  DEPARTMENT  OF: 

Head  of,  of  whom  to  consist   44 

Control  of  all  wharf  property  belong  to  city   711 

Expenses  of,  how  paid  .*   143 

Appropriation  for  rent,  salaries,  etc. .  limited   143 

Commissioners, 

terms  of  office   44 

general  powers  and  duties  of  ':   711 

salary  of   52 

how  mavresiini   718 


!M»I  \ 


7*7 


Seel  ion. 

DOCKS,  DEPAliTMEXT  OP  (oontinuec 

whi'ii  office  may  become  vacant   718 

vacancy,  how  tilled   71* 

Board  ol  dock  • 

quorum  <>f   718 

organization  of   71H 

offices  for   718 

president  of,  elected  annually   Tib 

aunual  report  to  mayor   Tilt 

What  to  contain   718 

Officers,  clerks,  ;in«l  agents, 

appointment  and  duties  of   71s 

I'ents.  tines,  and  penalties. 

paid  into  sinking  fund   717 

Dock  bonds  of  the  city  of  New  York. 

objects  of   148 

amount  of   143 

when  redeemable   1):; 

Wharf  property, 

rules  and  regulations  concerning   716 

copy  of,  furnished  occupants  of   717 

penalties  for  violating   717 

liow  recovered   717 

meaning  of   724 

Wharf  property  of  city, 

charge  anil  control  of   711 

what  included  in   711 

repairing,  altering,  etc   711 

regulation  and  government  of   711 

Whan  property  for  city. 

mny  be  acquired  by  purchase   71"i 

agreement  with  owners   716 

commissioners  of  sinking  fund  to  approve   716 

may  be  acquired  by  process  of  law   718 

proceedings  therein   716 

Wharfage. 

rates  of,  to  he  regulated   il(i 

for  canal  boats   7  Mi 

Wharves,  piers,  and  bulkheads. 

construction  of   Ill 

contract  for   714 

what  to  contain   714 

when  forfeited   71-1 

charge  and  control  of   711 

repairing,  altering,  and  cleaning   711 

regulation  and  government  of   711 

built  and  repaired  according  to  plan  of  water  front   71'.' 

set  apart  for  certain  kinds  of  commerce   71(! 

lenses  for,  and  term  of   716 

covenant  of  renewal   710 

conditions  of  lca>es   71fi 

Water  front . 

plans  for,  to  be  made   71".'* 

submitted  to  sinking  fund   71'.' 

how  and  where  riled   712 

docks,  slips,  etc..  to  be  built  in  accordance  with  .'   712 

Surveys,  soundings,  etc.. 

of  water  front  of  annexed  district,  concurrent  resolutions  author 

i/.ing   71  :> 

Lands  under  water. 

conveyances  of.  by  commissioners  of  land  office   720 

to  be  used  for  wharves,  etc   72.0 

Vessels,  rafts,  or  floats, 

may  be  removed   733 

Deepening  of  water  to  be  ordered  by   721 

Slips,  enlargement  of   722 

slipage  for  use  thereof   722 

Markets,  erection  of.  over  water   720 

Other  officers  not  affected  by  poweis  of   723 

Free  floating  baths,  berths  for.  to  be  furnished  725.  727 

Set  PIERS  AND  WHARFAGE. 


> 


74  s  INDEX. 


Section. 

DOCKS,  for  street-cleaning  purposes  706,  72* 

dock  bonds,  object,  amount  and  when  redeemable   148 

DOCK,  floating,  legalized   Nil 

DOCS: 

At  large,  unmuzzled   1408 

Ordinances  may  be  enacted  in  reference  to   Mtt 

DOMESTIC  CORPORATIONS,  service  on   1127 

DRAINAGE: 

Duties  of  owners  and  occupants  in  reference  to   ?>:i'J 

When  done  under  board  of  health  562-565 

assessment  for  expenses   564 

damages  and  expenses,  how  paid   142 

Power  of  board  of  health  in  reference  to  501,  561 

DRAUGHT  OF  VESSELS  lo  be  given  to  pilots   2111 

DRINKING  FOUNTAINS,  ordinance-  may  be  passed  in  relation  to   86 

DRUGGISTS  : 

I'll  AKMACISTS 

DRUNKARDS 

Habitual,  commuted  to  inebriate  asylum  1096-1100,  nou 

discharge  from   1102 

When  vagrants   1464 

DRV  DOCK'S,  uvc  of  piers  for  certain,  permitted   811 

DUTIES  OF  POLICE  relative  to  theatres  2004,  2113 

DUTY  ON  ALIENS   2043 


EAST  RIVER  : 

Nets  in   739 

Speed  of  steamboats  ou   757 

Course  of  steamboats  on   757 

EDUCATION  : 

SCHOOLS 

EDUCATION,  BOARD  OF: 

When  to  meet   1026 

Certain  resolutions  as  to  salaries  void  ,  96 

To  furnish,  departmental  estimates   189 

Appoint  school  trustees   1025 

Elect  president   1026 

Appoint  clerk  and  assistants   1026 

Control  public  school  system   1026 

Have  power  to  take  and  hold  property   1027 

Appoint  city  superintendent   1027 

Appoint  superintendent  of  school  buildings   1027 

Fix  duties  and  salaries  of  superintendents   1027 

Powers  as  to  altering  and  repairing  school  buildings   1027 

Powers  of,  as  to  sale  of  lands   186 

When  appoint  principals  and  vice-principals   1027 

When  discontinue  a  school   1027 

Draw  moneys  for  expenses  of  board   1027 

Examine  schools   1027 

Make  rules  for  board,  committees,  and  officers   1027 

Organize  female  free  academy   1027 

Central  hall  of  board   1027 

Provide  sites   1027 

What  personal  property  disposed  of   1027 

A  nd  »fe  SCHOOLS. 


INDEX.  74W 

Section. 

ELECTIONS 

Animal  approprialiou  for  expenses  of. .,,   194 

Ballots,  forms  of   1842 

canvass  of  1**8-1 891 

in  WTOng  box   1889 

how  indorsed   184*2 

pasted  to  statement  of  canvass   1892 

destruction  of   1898 

Hullot-boxes,  how  labeled   1841 

destroying  or  removing,  B  felony    1920 

Board  Of  county  canvassers, 

aldermen  to  compose   1902 

proceedings  had  by   1902 

lliircau  of  elections, 

record  of  convictions  tiled  with   1871 

under  control  of  police  board   260 

chief  of   184.*) 

appointment  of  200,  1845 

term  of  office  f   1845 

salary  of   1845 

removal  of   184.") 

duties  of   1848 

chief  clerk  and  other  employees   1849 

obtain  records  of  deaths. . . ."  1867,  18G9 

give  copy  to  inspectors   1868 

records  open  to  inspection   1878 

(  anva.-s  of  votes, 

how  to  commence  1882,  1886 

public  announcement  of  ballots. .'.   1886 

order  of   1887 

watcher  at   1885 

proceedings  in  1885,  1888,  1890-1892 

proclamation  of  result   189:5 

statements  of  1894  1895 

to  whom  sent  -   1895 

delivery  of   1890 

scaling  of   1895 

receipts  for   1899 

tallies  of, 

to  whom  scut   1895 

sealing  of   1895 

receipt  for   1899 

advertisement  of  official  canvass  '.   1929 

Challenged  persons,  oath  to   1851 

Challengers,  designation  of   1874 

where  placed   1874 

removal  of   1874 

canvass  of  district  by   1879 

Election,  day  of,  legal  holiday  :   1840 

when  held   1839 

expenses  of,  a  county  charge   1930 

irregularities  in  holding  no  defense   1925 

meaning  of  word   1928 

notice  regarding  municipal  officers   1839 

when  sheriff  give  notice   1931 

polls,  when  opened  and  closed   1843 

detailed  statement  of  canvass  to  be  published  , ...  68 

Election  districts, 

rcdistricting   1847 

no  district  to  be  in  two  congressional  districts     1847 

number  of  voters  in  :   1.847 

boundaries  of,  advertised   1929 

Electors, 

challenge  af   1851 

oath  to  1851,  1852 

application  of,  for  registration   1858 

examination  of   1858 

qualifications  1858,  1915 

when  applicant  not  of  age   1858 

rigid  to  be  heard  ..  :   1 872 

removing  into  district  after  being  registered   1859 


750 


INDEX. 


ELECTIONS  [fiontim  ■■■ 

out  of  district  after  being  registered  L8K9,  i860 

from  one  dwelling  to  another   i860 

vote  of,  how  received  nod  deposited   i860 

right  to  challenge   1872 

penalty  for  persohatins  IMS,  1904 

changing  ballot  of.  a  felon}'  1908,  1914 

personal  violence   191? 

False  swearing  at  election!   \<j\  > 

Inspectors  of  election, 

appointment  of   185(1 

qualifications   1850 

term  of  office   1^50 

removal  of   1850 

when  and  how  removed. .'   1850 

vacancies   1850 

compensation   1KA 

conditions  of  payment  ^   18.14 

disobedience  to.   1910 

penalties  incurred  by 

refusing  to  appeal  after  appointment   185"i 

absence  from  duty   J855 

refusing  to  perform  duty   1855 

illegally  registering  votes   1921 

receiving  votes   1900 

refusing  vote   1900 

electioneering  about  polls   192:; 

making  false  can  TOSS   190? 

oath  to  Ik-  taken   185(1 

certificate  of  appointment   I860 

transfer  of   1850 

administer  oaths   1851 

exempt  from  jury  duty   1854 

certain  acts  of.  felonies  „  1907-1910 

interfering  witfi   1730 

deliver  copv  of  registry  to  captain  of  precinct.    1W.5 

.!//<'  »<•/■  DtBPECTOBS  Of  feLBCTlOX. 

<  Uliceis  of  election. 

who  are  •.   1877 

interfering  w  ith   191* 

certain  acts  of,  felonies   191* 

neglect  of  duty   1909 

not  to  electioneer  about  polling  places   192:5 

Poll  clerks, 

appointment  of  1*50.  1*52,  1853 

i|ualifications  of   1852 

term  of  office   1852 

vacancies   1850 

compensation   1851 

conditions  of  payment   1854 

to  be  in  constant  attendance  during  hours  fixed   187? 

may  canvass  district   1879 

duties  of,  in  canvassing  1883,  1891 

certain  acts  of,  felonies  1905.  1909,  1910 

interference  with,  a  misdemeanor   1918 

Poll-list  books,  contents  of   1884 

form  of   1884 

Poll-lists  to  be  filed  with  county  clerk   1897 

Polls,  when  opened  and  closed   1843 

Polling  places,  location  of   1873 

not  to  be  in  liquor  shop   1873 

to  be  lighted   1873 

size  of   1873 

disorderly  persons  excluded   1885 

liquor  prohibited  at   1924 

Uecords  of  deaths,  furnishing  of  1868-1870 

of  persons  convicted  of  crimes,  to  b^e  furnished  '.   1871 

Registers  of  election, 

what  to  be  entered  on   1858 

how  certified  and  filed  1861-1863 

what  to  contain   1846 


INDEX. 


Section. 

ELECTIONS  (continued 

Registers  of  elections,  • 

form  of . . .    1840 

comparison  of   1861 

'    copy  of,  for  bureau  of  elections   1861 

for  use  of  public   1861 

where  kept   1861 

dolivcry  of,  to  election  bureau   1*61 

correction  of   1868 

inspection  of   1878 

special  elections,  when  used  for  !   18*0 

when  copv  used  at  prior  election  issued   1M4M 

Registration  Of  voters, 

davs  for,  when  held   1857 

illegal   1903 

applications  for,  when  received   185N 

examination  of  applicants   1858 

proceedings  therein   1858 

revision  of  ,   1859 

proceedings  therein   1880 

Registry  of  voters  printed  in  "  City  Record"   67 

Repeating   1904 

Violation  of  election  laws  1903-1923 

district  attorney,  duty  of,  regarding   1922 

Witnesses  of  election,  designation  of   1885 

watcher  to  be  designated   188.") 

protection  of   1885 

Challenge,  name  of  person  marked  for   1870 

Policemen  to  be  detailed  to  polls   286 

ELECTION: 

Of  aldermen   29 

.  Of  couutv  officers,  not  affected  by  this  act   27 

Of  ofay  or   31 

To  fill  vacancy  in  office  of  mayor   32 

Of  temporary  chairman  of  board  of  aldermen  ,   33 

ELECTION  TO  OFFICE,  certificate  of   53 

ELEVATED  RAILROADS  forbidden  in  certain  streets  1944,  1946 

ELLIS  ISLAND,  ceded  •..   1633 

EMIGRANT  BOARDING-HOUSES: 

Licenses  to  115,  2049 

Rates  of,  to  be  posted  •   2049 

Lien  of  keepers  of   2050 

EMIGRANT-RUNNERS   2051 

Not  permitted  on  board  vessels  2035-2037 

Punishmeut  of  2039-2040 

EMIGRANTS: 

May  land  when  desirous   2041 

"Who  may  be  detained  on  vessels   2064 

Baggage,  where  landed   204* 

Tickets  to   2051 

Tickets  to  be  sold  onlv  at  designated  places   2052 

To  be  landed  at  designated  wliarves  2032.  203:5 

Frauds  upon   2054 

Rates  for  tickets  to  2052,  2053,  2055 

Rates  of  transportation  of   2052 

To  be  reported  to  certain  officers   2059 

What  tickets  issued  to,  to  contain   2060 

Rates  not  to  exceed  those  reported   2061 

Health  officer  to  notify  of  designated  landing  place   2034 

Where  tickets  may  be  sold   2056 

Witnesses  examined  de  beiie  2057,  2063 

License  necessary  for  steamboats,  etc.,  landing. . . .   2045 

Examination  of  witnesses  of  frauds  upon  2057,2063 

Licenses  of  boardiug-housc  keepers   115 

Licenses  of  transportation  agents  of   116 

Runner  not  permitted  on  board  2035.  2036,  2037 

punishment  of  .•.  2039,  2040 

Baggage  of,  where  landed   2048 

Boarding  houses  for  2049.  2050 

Bookin?   2052 


752  INDEX. 


Section. 

EMIGRATION,  COMMISSIONERS  OP: 

Mayor  to  be  one  of   110 

Duty  of  vessels  to  laud  emigrant*  2033,  2035,  2037 

When  and  how  sell  baggage   2068 

I'urehase  or  lease  buildings  •.  2032 

Transportation  companies  to  report  rates  of  fare  to   2060 

Offices  for  booking  emigrant  passengers,  open  to   2052 

Itcgulatc  landing  of  emigrants   2033 

License  emigrant  runners   2051 

Suits  by,  on  runner  s  bonds   2051 

Designate  landing  places   2032 

Purchase  or  lease  wharves   2032 

Sue  for  penalties  2033,  2034,  2030,  2047,  2040 

Lien  for  penalties  2037,  2047,  2048 

Issue  licenses  to  steamboats  and  barges   2045 

Designate  places  to  sell  tickets   2056 

May  admiuiser  oaths   2065 

Take  depositions  2065,  2066 

To  have  liens  on  vessels  2037,  2047 

To  receive  duty  on  aliens  169,  2043 

EMPLOYEES,  not  in  any  department,  schedule  of   203 

ENCROACHMENTS  on  harbor   732 

ENFORCEMENT  OP  .11  KY  I  INKS,  HOARD  OP 

JUBT  vines, 

EPIDEMIC,  commercial  paper  during  2020-2031 

ESTIMATE  for  tax  levy  to  be  prepared  by  comptroller   829 

ESTIMA  TE  AND  APPORTIONMENT,  HOARD  OF: 

What  officers  to  constitute   189 

Powers  and  duties  of  189-211 

Meetings  of    189 

President  and  secretary  of   189 

Provisional  estimate  to  be  made  by   189 

what  to  include*   189 

to  be  submitted  to  board  of  aldermen   189 

published  in  "City  Record  "   189 

objections  or  suggestions  made  bj-  aldermen  considered   189 

Departmental  estimate   189 

what  to  contain   189 

to  mhorn  sent   189 

Pinal  estimate  to  be  made  by  board   189 

how  signed,  riled  and  published   189 

To  provide  for  payment  of  bonds  and  other  obligations   190 

To  provide  for  payments  to  sinking  fund   190 

To  approve  street  cleaning  contract   209 

To  include  in  annual  estimate  amount  necessary  to  pay  bonds  fallingdue  191 

limit  of  such  amount  ,   191 

To  include  in  annual  estimate  sum  necessary  to  pay  bonds  when  due. .  192 

To  assess  sum  necessary  to  pay  judgments   193 

payment  of  sums  so  assessed   193 

no  limit  to  amount  thereof   193 

Annual  appropriations  to  be  included  in  final  estimate   194 

for  rcpaving  streets,  etc.,  certified  by  commissioner  of  public 

works  194  (sub.  1) 

for  extending  distribution  of  water  194  (sub.  2) 

for  experts  employed  by  coroners  194  (sub.  8) 

for  office  commissioner  of  jurors  194  (sub.  4) 

for  Seventh  Regiment  armory  194  (sub.  5) 

for  lands  and  buildings  for  armories,  etc    194  (sub.  6) 

for  observatory,  museum,  etc.,  in  Central  park  194  (sub.  7) 

for  relief  of  poor  adult  blind  persons  194  (sub.  8) 

for  tenement-house  fund  194  (sub.  9) 

for  expenses  of  registrations  and  elections  194  (sub.  10) 

for  compensation  of  supreme  court  justices  from  other  districts.  1 94  (sub.  11) 

for  support  of  night  medical  service  ,  194  (sub.  12) 

for  bridges  over  Bronx  river  194  (sub.  13) 

for  expenses  of  commissioners  of  street  opening  194  (sub.  14) 

for  salary  and  expenses  of  shore  inspector  194  (sub.  15) 

for  salaries  janitors  district  courts  194  (sub.  16) 


INDEX. 


753 


Section 

ESTIMATE  AMi  APPORTIONMENT,  BOARD  OP  (continued) 
•      Annuul  appropriations  ti>  be  Included  in  final  estimate, 

for  publication  of  court  calendar*  11*4  (sub.  IT) 

for  ww  library  194  (sub.  17) 

for  police  Courts  and  board  of  police  justices  104  (suit.  IS) 

to  American  Female  Guardian  Society  194  (sub,  l  and  S  of  sub.  21) 

to  Society  for  Relief  of  Ruptured  and'  Crippled  .  .  .  .194  (sub.  3  of  sub.  21) 

to  Infirmary  for  Women  and  Children  194  (sub.  4  of  sub.  21) 

to  Children's  Fold  191  (sub.  B  of  sub.  21) 

to  Union  Home  and  School  for  children  of  Volun- 
teers 194  (sub.  6  of  sub.  21) 

to  Institution  for  the  Blind  194  (sub.  7  of  sub.  21) 

to  Children's  Aid  Society  191  (sub.  8  of  sub.  21 1 

Annual  appropriations  to  be  included  in  final  estmate. 

to  Industrial  Schools  for  destitute  children   194  (sub.  8of  sub.  21) 

to  Roy.s'  and  Girls'  Lodging-houses  191  (sub.  M  of  sub  21) 

to  Foundling  Asylum  of  Sisters  of  Charity  194  (sub.  9  of  sub.  21) 

to  mothers  at  such  asylum  194  (sub.  i)  of  sub.  21) 

to  Nursery  and  Child's  Hospital  194  (sub.  10  of  sub.  21) 

to  Infant  Asylum  194  (sub.  11  of  BUD.  21) 

to  Shepherd's  Fold  of  Protestant  Episcopal  Church .  194(sub.  12  of  sub.  21) 

to  Catholic  Protectory    194 (sub.  13  of  sub.  21) 

to  Hebrew  benevolent  Society   194  (sub.  14  of  sub.  21) 

to  Juvenile  Asylum   194  (sub.  15  of  sub.  21) 

to  Roman  Catholic  House  of  the  Good  Shepherd.  .  194  (sub.  16  of  sub.  21) 

to  Magdalen  Female  Benevolent  Asylum  and  Home 

for  Fallen  Women  "  194  (sub.  17  of  sub.  21) 

to  Protestant  Episcopal  House  of  .Mercy  194  (sub.  18  of  sub.  21) 

to  Five  Points  House  of  Industry  .'  194  (sub.  19  of  sub.  21 1 

to  Association  for  Befriending  Children  and  Young 

Girls  .194  (sub.  20  of  sub.  21) 

for  other  charitable  purposes  directed  by  law  194  (sub.  21  of  sub.  21 

To  include  in  annual  estimate  amounts  for"  aid  of  poor  and  charitable 

institutions   198 

To  audit  and  allow  expenses  of  proceedings  to  remove  police  commis* 

sioners   196 

To  include  in  final  estimate,  portion  of  expense  of  parks  in  Fourth 

avenue   .  197 

Also,  cost  of  maps  of  Twenty-third  and  Twenty-fourth  Wards   197 

To  provide  for  deficiency  u  assessments  for  market  place   199 

To  fix  salaries  in  office  commissioner  of  jurors   -  200 

To  fix  salaries  of  coroners'  physicians  «   201 

To  fix  salaries  of  officers  not  embraced  in  any  department   202 

Schedule  of  employees  not  in  any  department   203 

May  authorize  issue  of  stocks  and  bonds  for  those  maturing   204 

May  authorize  transfer  of  appropriation  204.  207 

Repeal  of  certain  provisions  in  reference  to   204 

To  appropriate  excise  moneys   2lo 

Payment  in  case  of  contested  office. ,   211 

Final  estimate,  disposition  of   214 

Issue  of  "  City  Improvement  Stock  "  to  be  authorized  by   139 

Bonds  for  rigid  of  way  for  drains,  to  be  authorized  by   142 

Roods  for  claims  and  judgments  to  be  directed  by. . .'   148 

To  provide  compensation  for  judges   1108 

To  fix  salary  of  crier.   1110 

To  prescribe  conditions  in  regard  to  patented  articles   63 

ESTIMATE  AND  ASSESSMENT.  COMMISSIONERS  OF 
See  STREETS,  etc.,  OPEXINO  OF. 

ETHER,  manufacture  and  storage  of   106 

EVIDENCE,  volume*  of  spec  ial  and  local  laws  may  be  read  in   1107 

EXAMINATION,  summary,  of  officers   60 

EXAMINERS.  BOARD  OF;  to  pass  upon  applications  for  deviations  from 

building  lairs   504 

EXCISE,  BOARD  OF: 

Composed  of  three  members   109 

Commissioners  of.  nominated  by  mayor  and  confirmed  by  aldermen. . . .  109 

When  to  be  appointed  ,    109 

Terms  of  office   109 

Vacancies,  how  filled   109 

Removals,  how  made   109 


754 


INDEX . 


(Section. 

EXCISE  MONEYS,  appropriations  of,  for  sw]>port  of  poor   210 

EXCLUSIONS,  STEAM  BOAT: 

Passengers  on,  to  be  registered   762 

Trespass  by  passengers  on   763 

EXECUTION: 

In  district  court  1399-1401 

Against  city, 

not  to  be  issued  until  comptroller  is  notified   1106 

payment  of   148 

In  actions  for  female  employees   1086 

arrest  on   1086 

Of  court  of  record,  issued  only  to  sheriff   1717 

Common  pleas  has  jurisdiction  of  proceedings  supplementary  to   1108 

EXECUTIVE  POWER,  where  vested  .'   30 

EXEMPT  FIREMEN'S  BENEVOLENT  FI  ND,  payments  t„  trustees  of, 

from  taxes  on  foreign  insurance  companies   .">32 

EXEMPTION,  none  on  executions  for  female  employees   1086 

EXEMPTION  PROM  TAXATION: 

Real  estate  of  Young  Men's  Christian  Association   *24 

Real  and  personal  property  of  Roosevelt  Hospital   824 

of  Presbyterian  Hospital   824 

of  Cooper  Institute     824 

of  Clinton  Hall  Association   824 

of  Astor  Library   824 

of  Merchants'  and  Clerks'  Library  Association   824 

of  Woman's  Library   824 

of  New  York  City  Library  Association   824 

of  Lenox  Library   824 

of  Mott  Memorial  Medical  anil  Surgical  Library   824 

of  Catholic  Protectory   -824 

of  Children's  Aid  Society   824 

•       of  Samaritan  Home  for  Aged   824 

of  Ladies'  Union  Aid  Society   824 

of  Nursery  for  Children  of  Poor  Women   824 

Assay  office   826 

Custom  House   826 

Robin's  reef   826 

Barge  office  at  battery   820 

Land  for  Spuyten  Uuyvil  improvement   826 

School  houses   827 

Churches  ..   827 

EXPENDITERES,  statement  of,  published  annually   120 

EXPENSE: 

Not  to  be  incurred  without  appropriation   40 

Not  to  exceed  appropriation   47 

EXPLOSIVE  COMPOUNDS,  storage,  sale  and  manufacture  of,   4-j0 

EXPLOSIVE  AND  COMESTIBLE  MATERIALS: 

See  FIRE  DEPARTMENT. 

EXTERIOR  LINE  OF  HARBOR,  not  built  beyond   732 


IF1. 

FALLEN  AND  FRIENDLESS  GiRLS,  HOME  FOR,  to  receive  portion  of 

excise  moneys  annually   208 

FALSE  REPRESENTATION: 

Of  member  of  fire  department   434 

Of  policeman   280 

Of  officer  of  health  department   627 

Of  harbor  master   808 

Of  elector   1904 

FAMILY,  order  to  support   1456 


Section. 

PAST  DRIVING  oR  HIDING: 

How  punished  1448,  1932 

Disorderly  conduct  1448.  1932 

FELONY,  Intent  to  commit   1445 

FEES: 

Belong  to  city   56 

To  lie  paid  to  c  hamberlain   56 

In  foreclosure  sales   1088 

On  attachment  in  marine  court   1249 

None  on  arrest  '.   1492 

None  for  warrant  ■   1492 

None  for  taking  bail   1492 

None  on  habeas  corpus   1488 

FEMALE  EMPLOYEES,  execution  and  arrest  in  actions  by   1086 

FEMALE  GUARDIAN  SOCIETY  : 

Money  for   194 

Schools  of   1066 

When  children  committed  to  care  of  1602-1607 

Procedure  in  committal  1602.  1603,  1605 

Discharge  of  children  committed  1604,  1606 

FEMALE  "WAITERS,  prohibited  in  places  of  amusements   2110 

FENCING  LOTS,  assessments  for   878 

FERRIAGE: 

Exclusive  right  of  city  to   1966 

To  Brooklvn,  rates  of  1972-1975 

To  Grecnpoint  1968,  1971.  1973.  1976 

On  Roosevelt  street  ferry   1977 

FERRIES: 

Common  council  pass  ordinances  as  to  anchorage  in  track  of   86 

Crossing  track  of,  during  fogs  759,  760 

FERRY: 

To  Brooklyn,  regulated  1972,  1977 

From  Catharine  street,  regulated  '   1967 

From  Twenty-third  street,  regulated  1970, 1971 

From  Tenth  street,  regulated  1968,  1969 

From  James  street,  regulated   1968 

FERRIES.  FERRIAGES,  etc.,  concerning  1969-1977 

FIFTH  AVENUE,  no  railway  in,  below  Fifty-ninth  street   1946 

FILLING  LOTS,  assessments  for  ,   878 

FILLING  AND  RAISING  LOTS,  expense  of   880 

FINANCE  DEPARTMENT: 

To  have  control  of  fiscal  concerns  of  corporation   123 

General  powers  of   123 

Head  of   35 

Vouchers  and  warrants  ;   123 

Charge  of  market  place  in  Ninth  ward   129 

Bureau,  • 

for  collection  of  city  revenue  and  of  markets   125 

chief  officer  of   125 

for  collection -of  taxes   125 

chief  officer  of   125 

for  collection  of  assessments  and  arrears,  and  of  water  rents   125 

chief  officer  of   125 

auditing  bureau,  duties  of   125 

chief  officer  of   125 

of  licenses  *.   125 

chief  officer  of   125 

tor  receipt  and  payment  of  moneys   125 

chief  officer  of   125 

certificates  of  awards  by  assessment  commission  filed  in   912 

Ami  Kte  BONDS:  COMPTROLLER:  CHAMBERLAIN:  SINKIN'ti  KIND. 

FINES- 

When  and  how  remitted  or  reduced   1491 

Imposed  on  discharge  of  recognizance     1473 


INDEX. 


•  Hectiou. 

FIRE  (  0MMIS8IONERS 

8m  FIBE  DEPARfHENT, 

RIRE^DEPABTMENT: 

Head  of,  of  whom  to  Consist  '   4'> 

General  powers  of   424 

Property  of   424 

Bureaus  in,  and  principal  officers  of   427 

selection  of  heads  of   42H 

Chief  of  department, 

principal  ollicer  of  bureau   427 

Inspector  of  combustibles, 

principal  officer  of  bureau   427 

Fire  marshal, 

principal  officer  of  bureau   42  7 

Inspector  of  buildings. 

Sm  m  ii.i)iN(;s,  i\si'K(  t<»i:  <>k. 

Inspection  of  Buildings,  bureau  of 

Sm  lit  u.i>i\<;s,  BUBEAUQV  ixspkctm »n  Of. 

Officer*  and  tireinen,  selection  of   42m 

Telegraph  lines  and  alarm  boxes   429 

injuries  to,  punishment  for   429 

Salaries  in  '.   442 

Police  department,  co  operation  with   443 

5appeiD  and  miners,  corps  of   447 

explosives  for  use  of   449 

To  have  a  common  seal   430 

Attorney  to.  duties  of  •.   431 

appointment  and  removal  of  .'   432 

.Indw  ATTORNEY. 

Notices  of  violations  of  building  laws  to  bo  issued  in  name  of   507 

Power  to  remit  penalties  for  violations  of  building  laws   505 

Uniform  and  badge,  regulations  for,  to  l>e  made   434 

wearing,  except  by  member  of.  prohibited   434 

False  representation  of  member  of,  punished  for   434 

Membership  in,  qualifications  of   435 

Resignation  from,  not  permitted  without  consent   436 

what  deemed  to  be   436 

Exemption  of  members  of  from  military  and  jury  duty,  etc   437 

I'nifonued  force, 

warrant  of  appointment  to  be  issued  to  members  of   438 

oath  to  be  taken  by  nieinbors  of   439 

discipline  and  punishment  of  members  of   440 

removal  of  members  of   44(1 

Apparatus  houses,  location  for  343.  699 

Fire  commissioners,  board  of. 

number  of  members  and  term  of  office   4<i 

salaries  / . . .  52 

when  member  deemed  to  have  vacated  office   433 

general  powers  and  duties  of   424 

power  to  provide  supplies  and  apparatus   425 

to  have  management  of  buildings,  property  and  apparatus   426 

to  establish  and  maintain  telegraph  lines,  alarm  boxes,  etc   429 

to  provide  offices,  and  business  accommodation   430 

to  enforce  provisions  of  law,  collect  penalties  and  direct  legal  pro- 
ceedings  431 

to  appoint  and  remove  attorney  to  department   432 

member  of,  when  deemed  to  have  vacated  office.....   433 

to  prescribe  rules  of  discipline   440 

to  punish  and  remove  members  of  uniformed  force   440 

may  remove  employees  and  abolish  offices  in  bureau  of  inspection 

of  buildings   441 

to  investigate  origin  of  fires,  breaches  of  discipline,  etc   466 

may  supervise  investigations  by  fire  marshal   470 

Fires  and  their  extinction, 

right  of  way  in  streets  given  to  firemen  and  apparatus   444 

hose  bridges  over  railroad  tracks  '   445 

hydrants,  obstruction  of,  prohibited   446 


INDEX.  T.'.T 

vi  otion. 

KI HE  DKl'AK'l  MKNT  ^wio'/.i  ,< 
Fires  unci  their  extinction, 

sappers  unci  miners,  corps  of   447' 

explosives  for  use  of   4-10 

buildings,  destruction  of,  to  prevent  -pre:ulof  lire  44*,  450 

damages  thercf or   450 

removal  of  persons  from  vicinity   451 

Fire  marshal, 

may  enter  buildings  for  purposes  of  examination  407,  469 

to  conduct  examinations  as  to  causes  of  lire   408 

Fire  marshal, 

his  powers  and  duties  in  respect  thereto    468 

may  compel  attendance  of  witnesses   469 

false  swearing  before,  deemed  to  he  perjury   469 

investigations  of,  may  he  regulated  by  commissioners   170 

Investigation  of  origin  of  Ores, 

examinations  to  he  made  by  commissioners  of  department   466 

proceedings  therein   466 

buildings,  entry  and  examination  of  467,  469 

examinations  by  lire  marshal   468 

proceedings  therein   468 

compelling  attendance  of  witnesses  thereat   469 

Combustible  and  explosive  materials, 

shavings  to  be  cared  for  c   452 

lights  in  places  of  amusement,  etc.,  to  be  protected   454 

gunpowder,  etc.,  provisions  as  to  manufacture  and  storage   455 

licenses  for  sale  of   455 

on  hoard  vessels  in  harbor   455 

tireworks,  etc.,  manufacture,  storage  and  sale  of   456 

chemicals,  storage  of  456,  461 

petroleum  and  similar  oils,  provisions  in  respect  to  457,  460 

licenses  for  sale  of   458 

violations  of  law,  punishment  for  death  resulting  from   459 

insurance  companies  not  to  grant  permission  to  deal  in  certain..  .•  .  459 

cotton,  hay,  etc.,  storage  of   462 

power  to  examine  buildings  for.  and  remove  from   463 

permits,  information  to  be  furnished  for   464 

penalties  for  violation  of  laws  in  respect  to   465 

lloistways,  closing  of   450 

actions  for  accidents  resulting  from  omission  to  close   453 

Relief  Fund, 

how  constituted   518 

how  invested   518 

trustees  and  treasurer  of   518 

Pensions  to  retired  members  of  uniformed  force   519 

to  widows  and  orphans  '   520 

Life  insurance  fund, 

how  constituted   521 

payments  from   521 

Tax  on  foreign  insurance  companies  *  528-632 

FIRES,  and  their  extinction : 

See  FIRE  'DEPARTMENT. 

FIRES,  investigation  of  origin  of: 

See  FIRE  DEPARTMENT. 

FIRE  ALARMS,  in  what  buildings   499 

FIRE-ARMS,  common  council  to  regulate  use  of   80 

FIRE  ESCAPES,  in  what  buildings  placed   499 

FIRE  HYDRANTS: 

Obstructions  to   446 

removal  of   440 

FIRE  MARSHAL: 

See  FIRE  DEPARTMENT. 

FIRE-PROOF  SHUTTERS,  and  doors  '   487 

FIREWOOD,  selling;  without  license,  may  be  made  a  misdemeanor   60 


758 


INDEX. 


Beet  loo. 

FIREWORKS; 

Storage,  sale  aud  manufacture  of   456 

Common  council  regulate  iue  of   ho 

FISHING: 

Poles  for,  erection  of  736,  743 

With  seines  in  Hudson  river   Tl'.T 

Nets,  etc.,  when  not  to  he  set   738 

use  of  in  Harlem  and  East  rivers  prohibited   T89 

Fl\  E  POINTS  HOUSE  OF  INDUSTRY: 

Annual  appropriation  to   194 

Schools  of   i063 

FLOATING  DOCKS,  legalized   Hll 

FLOATING  BATHS,  frccpuhlic: 

Maintenance,  nuniher  and  location  of   346 

Berths  for,  to  he  furnished  •  725,  727 

FOG: 

Navigation  at  time  of,  regulated  786,  759 

penalty  for  violations   760 

FORECLOSURE  SALES,  fees  in   106W 

FOREIGN  CONSULS,  notice  to,  by  publk  administrator   234 

FORFEITED  RECOGNIZANCES 

Proceedings  in  special  sessions  on   147* 

To  he  filed  and  docketed   1480 

Judgments  in,  controlled  by  common  pleas   1480 

No  costs  against  city  on   1482 

When  common  pleas  may  vacate  judgments  on  1163,  1483 

Judges  of  general  sessions  may  vacate  judgments  on   1484 

FORFEITURE  OF  CONTRACTS   59 

FORFEITURE  OF  OFFICE  57,  59 

FOUNDLING  ASYLUM  OF  SISTERS  <»F  CHARITY 

Per  capita  allowance  to   \U4 

Payment  to,  for  lying-in  women   194 

FOURTH  AVENUE: 

No  elevated  railroad  in,  above  Forty-second  street   1940 

Parks,  etc.,  in,  stock  may  be  issued  for   140 

Improvement  of  parks  in  portion  of   683 

Portion  of  expense  of  parks  in,  to  be  inserted  in  final  estimate   197 

Bridge  over,  at  Ninety-seventh  street   I960 

FRAUDS: 

In  assessments  897-905 

Upon  emigrants   ...  .2054.  2055 

Corporation  officers  committing,  guilty  of  misdemeanor   57 

FRUIT  AND  VEGETABLES,  sales  of,  regulated  by  board  of  aldermen  ....  86 

FULTON  MARKET,  powers  of  board  of  health  as  to   538 


Gk 

GAME  LAWS,  arrest  and  search  warrant  under   1306 

GAMING  HOUSES: 

Suppression  of   285 

Arrest  of  offenders   28-5 

Ordinances  suppressing,  may  he  enacted   86 

GARBAGE:  , 

Removal  of  704.  708,  709.  710 

In  streets   1936 

In  harbor   749 

Scows  and  dumping-boards  for   747 

Boats  carrying,  to  be  propelled  by  steam   752 


[NDEX. 


Section. 

GARDEN,  Zoological  ami  Botanical,  In  park  694.  8W 

OAS  HOUSE  REFUSE  m»t  to  be  thrown  In  (raters   761 

GAS-TAR  not  to  be  thrown  in  venters  ,   751 

GASOLINE,  storiigc  of   4",; 

GERMAN  HOSPITAL.  Iwise  to   188 

GENERAL  FUND; 

Kates  of  revenues  of.  not  Id  be  i hanged   179 

Statement  of,  by  comptroller   889 

GENERAL  SESSIONS 

-J         »  N.r  SESSIONS,  (iENKKAl. 

OLASS  in  streets   1937 

OLENIDA  LAKE,  DM  of  water  or,  for  supplying  city   880 

GOVERNOR: 

Designates  judges  of  superior  court  and  common  pleas  to  bold  lupreme 

court  ....  11H> 

May  suspend  justice  of  marine  court   1918 

GOVERNOR'S  ISLAND: 

Ceded   163:; 

United  States  lav  pipes  to   754 

penalty  for  injury  to   754 

anchoring  over,  forbidden   751 

GRADES; 

•         Establishing  and  altering  1962-1965 

consent  of  owners  to  1962-1964 

Assessments  for  change  of   873 

how  paid  and  collected  iu  Twenty-third  and  Twenty-fourth  Wards.  874 

Fixing  and  alteration  of,  by  commissioner  of  public  works   B42 

GRAND  JURORS: 

Hoard  to  select,  how  composed   163S 

meetings  of  1639.  1642 

Drawn  bv  commissioner  of  jurors   1648 

List  of  1641,  1642 

How  drawn  and  summoned   1647,  1648 

Fines  for  non-attendance. .  .*   1648 

Number  to  be  drawn   1641 

How  selected   1638 

Who  competent   1641,1645 

How  lists  of,  made  out.   1643 

Drawing  of  '.   1644 

Where  majority  not  personally  served   1650 

Two  grand  juries  at  a  time  ,   1651 

f      Of  general  sessions   1539 

GRAND  LARCENY,  robbing  from  person  is   1446 

GREENPOINT,  ferriage  to  1969-1971 

GUARDIANS,  when  aldermen  appoint  person  to  examine  accounts  of   1203 

GUNS,  ordinances  may  be  passed  as  to  use  of   86 

GUNPOWDER: 

Manufacture  and  storage  ot   455 

Licenses  for  sale  of   455 

Vessels  arriving  in  harbor  with.   455 


DEL 

H AREAS  CORPUS: 

Discharge  of  children  from  Society  for  Reformation  of  Juvenile  Delia 


quents  under,  limited   1601 

No  fees  on   1488 

What  examined  upon   1488 

Rail  in  cases  of   1488 

When  issued  by  superior  court  or  common  pleas   11  .",."> 


7C0  INDEX. 


^<  Ction. 

HABITUAL  DRUNKARDS 

Committed  to  inebriate  asylum  1098-1101 

discharge  from    1102 

HACKNEY  COACHES: 

Rates  of  fare  may  be  regulated  by  common  council   88 

License  fee  of  owner  of  ••. . .  88 

HARBOR  AND  WATERS: 

Harbor  and  port,  limitsof  761 .  803 

lands  under  water,  grants  of,  limited   729 

bulkhead  lines,  certain  may  be  amended  by  department  of  parks. . .  •  730 

piers,  erection  of  limited  731,  732 

removal  of  ; . . . .  732 

penalty  for  building  beyond  limit   782 

Harlem  river,  building  on  land  under  water  of   J88 

extension  of  time  for   734 

Incumbrance  of 

none  to  Ik:  caused   785 

removal  of   785 

expenses  for   735 

seines,  use  of,  in  Hudson  river  limited   787 

poles  for  fishing,  erection  of   786 

nets,  etc.,  where  not  to  be  set   738 

use  of,  in  Harlem  and  Ea-t  rivers  prohibited   739 

Hudson  river,  what  not  to  be  thrown  in   740 

punishment  for  violation   742 

exceptions   743 

Liability  of  steamboat  towing  mud  scow   744 

no  compromise  without  consent  of  court   745 

Ashes  and  cinders  not  to  be  thrown  in   746 

penalty  for  violation   740 

Scows  fdr  garbage,  etc   747 

Drcdgings,  where  deposited  '. . . .  748 

Dead  animals,  etc.,  not  to  be  thrown  in   749 

Garbage  in   749 

permit  for  boats  carrying   750 

to  be  propelled  by  steam   752 

penalty  for  violation   753 

Coventor's  Island. 

water-pipes,  etc.,  may  be  laid  to   <54 

penalty  for  injury  to   754 

anchoring  over,  not  permitted   754 

Vessels  at  anchor  in  night  time, 

regulation  for  lights  on   755 

penalty  for  violation   755 

Buoys,  mooring  to.  prohibited  ".  756 

penalty  for  violation   756 

East  river,  speed  of  steamboats  on  regulated   7W 

penalty  for  violation    757 

Fog,  navigation  in  time  of,  regulated  758,  759 

penalty  for  violation   760 

Pleasure  excursions, 

lists  of  passengers  oa  steamboats  engaged  in   762 

to  be  filed   762 

penalty  for  omission   762 

persons  engaged  in,  not  to  trespass  on  land   763 

punishment  for  violation   763 

Lighters,  name,  etc..  to  be  painted  on   764 

penalty  for  omission   764 

Ballast,  vessels  carrying,  to  be  licensed   765 

provisions  and  term  of  license   765 

by  whom  granted   765 

fees  for   766 

penalty  for  violation  765,  766 

Oysters,  time  for  taking  from  Harlem  river  limited   767 

penalty  for  violation   767 

planting  by  owners  of  land   768 

boats  and  implements  when  seized   769 

prosecutions  under  provisions  respecting   770 

Fines  and  penalties,  to  whom  paid   771 

when  liens,  how  enforced   771 

Piers  and  bulkheads.deemed  to  extend  into  the  streets   771 


INDEX.  7GI 

Beet  ton, 

HARBOR  MASTERS 

Duties  of.  u>  to  pien  MM  apart  fur  regular  packet  lines  786,  787 

piers  used  by  regular  steamboat  lino   7'j:;  ?:•<; 

caual  boats  *   789 

Fee  from  canal  boats,  lo  be  paid  before  clearance  in  anted  .  .  N06 

Powers  of,  in  assigning  liarbor  accommodations   807 

Penalty  for  resisting  ,  703,  807 

Falsely  representing,  penally  for   808 

To  furnish  copies  of  certain  provisions  of  law   809 

Keep  piers,  wharves  and«bulkheads  clear   778 

Report  certain  violations  to  pilot  commissioners   810 

Powers  of,  not  affected  by  dock  department   72:! 

HARLEM  BRIDOE.  no  obstructions  around  landings  of   195S 

HARLEM  RIVER: 

Nets  in  737,  739 

Oysters  in   767 

Survey  of.  by  dock  department   718 

Bulkhead  lino  on^alteration  of   730 

Land  under  water  of.erections  on   788 

extension  of  time  for   784 

HARLEM  RIVER  IMPROVEMENT 

Mode  of  acquiring  real  estate  886-895 

Maps,  etc.,  for,  prepared  by  department  of  park-   671 

Bridges  to  be  built  by  department  of  parks   676 

Acquiring  land  for   678 

An,t  (N  SI'CYTEN  DUYVIUL  IMPROVEMENT. 

HARTS  ISLAND: 

Under  control  of  department  of  charities  and  correction   389 

Industrial  school  on   388 

And  we  CHARITIES  AND  CORRECTION.  DEPARTMENT  OF 

HAY,  storage  of   462 

SAT  SCALES,  mayor  to  regulate  and  license   11 1 

HEADS  OF  DEPARTMENTS: 

Stt  DEPARTMENTS.  HEADS  OK. 

HEALTH.  DEPARTMENT  OF: 

Animals,  dead,  powers  of  board  as  to. 

*<*  A  N I M  \  i  - 


Births,  powers  of  board  as  to. 

■M  BIRTHS 

Board  of  health. 


of  whom  const  it  uted  -.   41 

president  of,  who  to  be   41 

meetings  of  582,  620 

term  of  office  of  commissioners   41 

jurisdiction  of   533 

not  required  to  do  certain  acts  under  former  laws   598 

payments  and  expenses  to  be  authorized  by   601 

seal  of   584 

complaint  book  of  r   579 

suits  by  and  against   616 

powers  of,  when  extended   559 

w  hen  delegated  to  president  or  sanitary  superintendent   583 

warrants,  power  to  issue   623 

things  dangerous  to  public  health,  power  to  remove   541 

pestilence,  duty  during   380 

health  laws  of  State,  may  be  enforced  by   570 

health  officer,  notice  to,  of  impending  dangers  to  public  health. . . .  573 

co-operate  with   573 

hospitals,  to  report  to   370 

poor,  relief  of.  by   553 

asylums,  to  report  to   570 

quarantine  commissioners,  notice  to. of  impending  dangers  to  public- 
health   573 

falsa  reports  to,  penalty  for  making   626 

coroners,  power  of,  over   568 

records  of.  publicity  of...   585 


ISM-  \  . 


HEALTH,  DEPARTMENT  <>F  {continued); 
Hoard  of  Health. 

information  to  be  published  by   505 

Ordinances,  records,  etc.,  of  when  to  be  received  ac  presumptive  cvl 

dence   621 

witnesses  in  proceedings  before  health  board   615 

expenses  incurred  by,  , how  paid  595,648 

actions  brought  by,  in  what  courts,  etc   622 

when  not  to  abate  •   622 

enjoined,  how  may  be  *   1091 

confirm,  commissioner  of  street  cleaning   107 

concur  in  removal  of  commissioner  of  street  cleaning   108 

provisional  remedy  by   1091 

security  by,  on  appeal   1091 

parly  to  suits,,  when  made   618 

undertakings,  when  not  to  be  given  by  619.  1091 

health  laws,  actions  for  enforcing,  by  617,  622 

injunctions  against  619,  1091 

actions  for  compensation  and  damages,  liable  for   599 

bills  of  health  ;   578 

night  soil,  contract  for  removal  of   566 

obstructions  in  streets,  powers  over   588 

policemen  detailed  to   296 

may  appoint  agent  for  prevention  of  introduction  of  disease   560 

may  order  vessels  and  cargo  to  be  removed  541,  542 

president  of,  and  duties   584 

temporary,  when  appointed   584 

orders  of  board,  when  to  be  changed  by   535 

secretary  of,  and  duties   584 

power  to  administer  oaths   593 

temporary,  when  elected   584 

chief  clerk  of,  designation  of   584 

duties  of   584 

attorney  of,  and  salary   589 

register  of  records,  and  duties   584 

sanitary  inspectors,  number  and  appointment  of   588 

qualifications  of   588 

salaries  and  duties  of  587,  588 

powers  of   592 

sanitary  engineers,  employment  of   590 

sanitary  superintendent,  and  qualifications   584 

general  duties  of  '  586,  587 

power  to  administer  oaths  in  certain  cases   59.'} 

Bone-boiling, 

Sec  BONE-BOILING. 

Bureaus  in   534 

By-laws,  rules  and  regulations, 

power  and  authority  to  pass   584 

enactment  of, for  board,  officers,  etc   584 

refusal  to  obey  or  conform  to,  how  punished  622,  625 

Cattle  driving,  powers  of  board  as  to   613 

A  nd  tec  CATTLE. 

Commissioners, 

number  of  ♦  ,   41 

qualifications  required  in   41 

salary  of  commissioner,  other^than  president   52 

terms  of  office   41 

Contagious  and  infectious  diseases, 

protection  of  city  against  555,  560 

powers  of  health  board  concerning  549,  551,  580 

hospital  for   *  550 

measures  to  prevent  spread  of   555 

cases  of.  report  of,  by  physiciaus   608 

effect  of,  on  commercial  paper   2026 

people  sick  with,  removal' of   549 

places  for  reception  of  people  sick  with   549 

aliens  and  non-residents  sick  with,  sent  to  marine  hospital   551 

communication  with  house  or  person  infected  with, bow  prevented..  555 

communications  with  portions  of  city  infected  with,how  prevented.  555 

Coroners,  powers  of  board  as  to   56% 

Dead. 

See  DEAD. 


INDEX.  703 

Section. 

HKAl.TII,  Dlll'AUTMENT  OF (eontiuudt  i 

Sm  DEATHS 

Drainage.  poweisof  board  over  501.  5:18,  :>t;i 

Construction  of  drains  by  board  562,  565 

Fulton  market,  powers  of  hoard  over   538 

I  lead  of,  of  whom  composed   4) 

Health  laws. 

refusal  to  obey  or  conform  to,  how  punished   C22 

Health  laws, 

violations  of,  how  punished  (i'2'i,  625 

examination  as  to,  before  justice  of  Supreme  Court   614 

reported  i>y  police  oncers  *.   594 

arrests  for   628 

penalties  for   622 

powers  of  police  to  enforce   594 

duties  of  police  as  to   594 

Hospitals,  temporary,  w  hat  buildings  may  be  uvd  for   550 


Infected  places. 

Sm  INFECTED  PLACES. 

Judgments  of. 

Set  JUDGMENTS. 

Liens  in  favor  of. 

Sm  LIENS. 

Marriages,  reports  of. 

SM  MAURI  AUE.S. 

Markets,  powers  over. 

Sm  markets. 

Nuisances, 


definition  of   636 

what  may  be  declared  to  be   585 

removal  "or  abatement  of  535,  538,  541,  542 

order  for  removal  of   535 

service  of   578 

when  stayed  or  modified  ■   535 

hearing  of  parties  thereon  •  535 

expenses  of  removing,  how  paid  541,  680-686 

Miits  to  abate,  proceedings  in  636-648 

Officers  and  employees, 

appointment  of  48,  588-590 

offices  for   581 

expenditures  by   581 

salarv,  when  forfeited   581 

liability  of   599 

premises,  power  to  enter.   592 

bad-res  to  be  worn  by   591 

falsely  representing;  penalty  for   627 

powers  and  duties  of,  how  fixed   575 

w  hen  imposed  on  police   '  594 

Orders  of, 

execution  of,  by  police  officers  ^   594 

health  officers  595,  596 

how  rescinded  or  modified   575 

service  of  577,  578 

expenses  of  executing,  reimbursement  for  *  630-635 

statement  of,  to  be  filed   633 

liow  paid   595 

how  recovered   638- 

suits  may  be  commenced  for   631 

when  to  become  a  lien  G30,  632 

w  hen  lien  upon  rent  and  certain  compensation   633 

proceedings  to  make  such  liens  effectual  633,  635 

changes  or  modification  of   535 

•  violations  of,  how  punished  558,  622,  625 

Penalties, 

right  to  sue  for   622 

when  joined  with  suit  for  expenses   633 

when  not  fixed  by  law   622 

violations  of  health  laws  548.  610.  628 

Plumbing,  powers  of  as  to   501 


704 


INDEX. 


Section. 

HEALTH,  DEPARTMENT  OF  (continued) 

Powers  and  duties,  general  5:53- 001 

Physicians,  reports  of. 

S(t  PHYSICIANS 

Proclamation  thai  distrid  is  infected                                      '.'O-.'O  .m>:ji 

Sanitary  code, 

refusal  to  obey  or  comply  with,  how  punished   622 

when  to  he  published   575 

additions  to,  made  by  board   575 

publication  of   575 

executed  by  police   594 

violations  of,  u  misdemeanor   575 

Sanitary  company  of  police   25)0 

Tenement  and  lod^in^  houses. 

.See  TKNKMKNT  AND  I.OIMilNC-IK  tl  sKs 

Vaccination,  measures  relative  to   558 

corps  of  vaccination   558 

officers  appointed   558 

vaccine  lymph  and  virus,  preservation  and  sale  of   554 

HEBREW  BENEVOLENT  SOCIETY ; 

Annual  appropriation  to   194 

Children  committed  to   1825 

HELL  GATE  PILOTS : 

Complaints  against  2127,  213~» 

Who  not  compelled  to  take   2188 

Negligence  of   2136 

Deliver  license  on  suspension   2187 

To  receive  and  show  instructions   2189 

Pilotage  to  be  taxed  by  port  wardens   2140 

Punishment  for  intoxication   2141 

How  fines  and  penalties  applied   2142 

HELL  GATE  PILOTAGE,  disputes  as  to   2140 

HIDES,  health  board,  powers  over   547 

HOIST  WAYS 

Trap  doors  and  iron  shutters,  when  to  !>e  closed   438 

Penalty  for  not  closing   458 

Liability,  in  case  of  Ions  to  life  and  limb   458 

Mailings  and  trap  doors  for   487 

HOME  FOR  CHRISTIAN  CARE,  committal  of  children  to   1617 

HOME  OF  FALLEN  WOMEN,  when  prostitutes  committed  to'   1466 

HOME  FOR  FALLEN  AND  FRIENDLESS  GIRLS,  per  capita  allow 

aucc  to  .'   208 

HOME  FOR  INCURABLES,  exempt  from  taxation*   824 

HOSPITALS: 

Exemption  of,  from  taxation. 

New  York   824 

Presbyterian   824 

Roosevelt   824 

St.  Luke's   824 

For  reception  of  persons  wounded,  etc.,  in  streets   390 

For  contagious  diseases   550 

Temporary   550 

Asylums,  etc..  reports  from,  to  board  of  health   570 

HOTELS: 

Death  of  strangers  in,  to  be  reported  to  public  administrator   246 

penalty  for  failing  to  report   246 

For  sailors  2071-2082 

HOURS  OF  BUSINESS  of  departments  to  be  published   68 

HOURS  OF  RUNNING  FERRY  BOATS  1967,  1970,  1972.  1977 

HOUSE  OF  DETENTION  for  witnesses     256 

HOUSE  OF  GOOD  SHEPHERD: 

When  prostitutes  committed  to  .'   1468 

payment  for.  by  city   194 


INKEX.  7'if. 

Section. 

BOUSE  OF  1M>1  BTRT,  Five  Points,  pex  capita  allowance  to   UN 

HOUSE  OF  MERCY; 

When  prostitutes  committed  to   1466 

payment  for,  by  city   194 

HOUSE  OF  REFUGE,  sentence  to   1496 

HOUSE  OF  REST  FOR  CONSUMPTIVES,  exempt  from  taxation   824 

HUDSON  RIVER: 

Jurisdiction  over  as  to  criminal  offenses   1442 

Vessels  at  anchor  in,  to  show  lights   755 

Regattas  on  294,  295 

police  keep  course  clear  for  294,  295 

Mutters  not  to  be  deposited  in  waters  of  740,  743 

Nets  in   737 

Fishing  with  nets  in   737 

Obstructions  in. 

See  HARBOR  AND  WATERS. 

l'iers  on  part  of,  appointed  to  certain  barges   797 

HUNDRED  TWENTY-SIXTH  STREET  OPENING   960 

HUNDRED  TWENTY  SEVENTH  STREET  OPENING   961 


I. 

IDIOT  IMMIGRANTS   2064 

IMMIGRANTS: 

See  EMIGRATION. 

IMPROVEMENTS,  PUBLIC: 

How  paid  for,  when  assessments  insufficient   149 

When  expenses  of,  collected  879,  880 

IMPURE  MEATS,  etc.,  removal  of   566 

INCORPORATED  COMPANIES,  collection  of  taxes  from   848 

INCORPORATED  INSTITUTIONS,  commitment  of  children  to  1594,  1632 

INCUMBRANCES,  bureau  for  removal  of   317 

INDICES  OF  DEEDS,  etc.,  sale  of,  by  comptroller   128 

INDICTMENTS: 

For  nuisance*,  place  of  trial  of   1441 

INDIGENT  PERSONS,  lodgings  provided  for   258 

INDUSTRIAL  SCHOOL.  HART'S  ISLAND: 

See  CHARITIES  AND  CORRECTION.  DEPARTMENT  OF. 

INDUSTRIAL  SCHOOLS,  annual  appropriation  for  destitute  children  in   194 

INEBRIATE  ASYLUM 

Power  to  commit  to   1098 

Who  may  commit  to   1098 

Procedure  on  committal  1099,  1101 

Discharge  from  397.  1102 

And  e'C  CHARITIES  AND  CORRECTION.  DEPARTMENT  OF. 

INEBRIATES: 

See.  CHARITIES  AND  CORRECTION.  DEPARTMENT  OF. 

INFANT  ASYLUM,  New  York : 

Annual  appropriation  to,   194 

Commitment  of  children  to  1627-1632 

INFECTED  PLACES: 

What  considered   556 

Mayor's  proclamation  concerning   556 

Vessels  arriving  from,  subject  to  quarantine   557 

Intercourse  with,  how  regulated   558 

Registry  of  places  of  business,  etc  2026,  2027 

Drafts,  notes,  etc..  presented  for  acceptance  in  2028-2031 


700 


IM»KX. 


Section 

INFIRMARY  FOR  WOMEN  AND  CHILDREN,  NEW  TORE 


Pel"  capita,  payment  to   I9t 

INJUNCTION: 

AgaiDst  scavengers   109:; 

Against  unlicensed  plaee*  of  ainuseuieiil   2005 

Against  board  of  liealtli  619,  1091 

INQUESTS,  notice  of,  to  board  of  health   568 

INSANE,  support  of  by  relatives   40] 

INSPECTION: 

Of  steam  boilers  '.  810-31:; 

Of  buildings. 

set  HUILDtX(;S.  INSPKC TION  OK 

(»f  certain  articles,  ordinances  may  be  passed      to   £6 

INSPECTOR  OF  BUILDINGS 

Set  UL' II, DINGS,  inspector  0! 

INSPECTOR  OF  COMBUSTIBLES! 

KIRK  DEPARTMENT 

INSPECTORS  OF  ELECTION 

Mow  rule  off  registers   1862 

Bach  retain  his  register  1804,  1866 

have  copy  on  election  day  :  '  1866 

How  receive  voles   1866 

Not  receive  vote  unless  three  agree   1866 

To  note  violations  of  law   1866 

Compare  registers  after  polls  close   1866 

Correct  by  copy  of  record  of  deaths  1868,  1869 

To  return  record  of  deaths   1870 

To  mark  names  for  challenge   1872 

To  hear  electors   1872 

Protect  challengers   1874 

<  )ath  to  voter  registered  in  another  district   1875 

When  majority  necessary  to  act   1876 

To  be  in  constant  attendance  during  hours  fixed   1877 

.May  canvass  district   1879 

Duty  as  to  canvass  of  votes  1882,  1865-1898 

Have*  power  to  preserve  order  and  enforce  obedience   1856 

Keep  access  unobstructed    1856 

Protect  voters  and  others   1856 

Appoint  persons  to  assist   1856 

When  to  meet  1858,  1859 

How  organize   1858 

Receive  applications  for  registry   1858 

Examination  of  applicants. . . .."  18-58,  1859 

Hours  in  session   1858  ' 

What  enter  on  register   1858 

Three  necessary  to  decide  as  to  qualification  of  applicant   1858 

Duties  at  revision  of  registration   1859 

Duties  as  to  removal  of  voter  1859,  1860 

How  certify  and  file  registers  1861-1865 

Deliver  copy  of  registry  to  Captain  of  precinct   1865 

.1  nd  tee  ELECTIONS. 

INSPECTORS,  SANITARY : 

See  HEALTH.  DEPARTMENT  OF. 
INSPECTORS  OF  SCHOOLS: 

See  SCHOOLS. 


INSPECTORS  OF  WEIGHTS  AND  MEASURES,  fees  and  duties  of.  may 


be  regulated  by  board  of  aldermen  *.  87 

INSANE  PERSONS,  discharge  of,  from  county  lunatic  asylum   415 

And  see  CHARITIES  AND  CORRECTION,  DEPARTMENT  OF. 

INSOLVENT  DEBTORS,  power  of  common  pleas  to  discharge   1164 

INSURANCE  COMPANIES: 

Not  to  grant  pcrmissiou  to  deal  in  certain  combustible  and  explosive 

materials   459 

Foreign,  tax  on  522-532 


[NDEX.  767 

Section 

INSTITUTION  FOR  IJJ.IND,  allowauce'to.  for  ck.tlihi:,  of  inmates   194 

INSTITl  TIONS.  CHARITABLE  OH  REF0RMAT0R1 

Appropriation  for  support  of  poor  in  194.  L9G 

What  institutions  entitled  to  appropriation   195 

Excise  moneys  may  be  appropriated  for   810 

how  paiil  over   21<> 

INTELLIGENCE  OFFICE  KEEPERS,  powers  of  police  over   283 

INTEREST  ON  TAXES,  assessments  and  water  rates   9H 

INTERPRETER: 

Of  marine  court  ISM,  1280 

In  district  courts   143:; 

Of  general  sessions   1531 

In  police  courts   1546 

Of  police  courts,  salary  of   1546 

Of  district  courts,  salary  of  .*.   1540 

INTOXICATION  : 

Punishment  for   1562 

Fines  for,  how  disposed  of   392 

[Islands  : 

What  included  wilhin  city   1 

Water  supply  for  certain   356 

ISSUE  : 

Note  of,,  only  one  necessary   lOtW 

iu  marine  court   1340 

Date  of,  in  passed  cause  1092.  1083 


JAIL  : 

Designated  by  common  council   9o 

For  civil  prisoners   1715 

to  t>e  in  charge  of  sheriff   1715 

Physician  to    <.....  93 

JAMES  STREET  ferry  regulated   1968 


JANITORS  : 

Of  district  courts, 

appointment  and  salary  of  

annual  appropriation  for  salaries  of  

Of  schools,  removed  by  trustees  

' JUDGE  : 

Who  allows  one  not  an  attorney  to  practise,  penalty  upon 
Proceeding:  before,  out  of  court,  continued  before  another 
A  n-i  «*e  th'  »frrral  COURTS. 

JUDGMENTS  : 

Against  corporation. 

when  not  to  be  recovered  for  priutiug  and  stationery,  after  certain 


date   68 

sum  for  payment  of,  to  be  assessed  and  levied   193 

Sales  of  real  estate  under   1088 

On  forfeited  recognizance   1480 

common  pleas  has  jurisdiction  over   1480 

fees  on   1481 

when  and  how  vacated  1483-1485- 

Fees  of  county  clerk  for  docketing   1735 

Docket  of,  to  be  copied   17S4 

Of  board  of  health,  expense  of  executing  a  lien  upon  rent,  etc   633 

Proceedings  to  make  such  liens  effectual   633 

In  lien  cases   1650 

In  courts  of  arbitration   1802 

JUDGMENT  CREDITORS"  AC  TION,  jurisdiction  of  superior  court  and 

common  plea«   1126 


1435 
194 

1039 

107^ 
1070 


708 


INDEX. 


Section. 

JUDICIAL  DISTRICT  First,  how  constituted  v   )075 

JUDICIAL  PROCEEDINGS,  publication  of   1093 

JUDICIAL  SAEES,  fees  for   1088 

JUNK  SHOP  keepers  : 

Powers  of  police  over   283 

Common  council  to  regulate  ,   86 

May  lie  required  to  obtain  licenses   86 

JURISDICTION  : 

Of  city,  as  to  crimes   1442 

Of  superior  court  and  common  pleas  1120-113] 

Of  crimes  on  East  river  bridge   1981 

Of  district  courts   1289 

Of  court  of  arbitration  1789,  1790 

Ceded  to  United  States   1613 

JURORS  ; 

Qualifications  of  *.   1652 

Who  deemed  a  resident   1653 

Persons  exempt  from  service   1654 

Evidence  of  right  to  exemption   1655 

Military  ollicers  to  deliver  list  to  commissioner  of  jurors   1656 

Jury  year,  length  of  service   1657 

Temporary  excuse  of  juror   1658 

For  what  causes,  and  how  excused   1659 

Applying  to  be  excused,  must  produce  notice   1660 

Service  in  a  court  not  of  record   1661 

('lcrk  to  return  attendance   1662 

To  be  selected  by  commissioner,  his  powers   1663 

(■cncral  powers  of  commissioner   1663 

Public  officers  required  to  aid  him   1665 

Expenses  of  his  otllcc,  how  paid,  rooms,  etc   1660 

Preparation  of  list  of  jurors   1667 

Persons  required  to  testify  as  to  juror's  liability   1668 

Return  of  lists  of,  to  county  clerk   1669 

Ballots   1670 

Supplemental  lists   1670 

Number  of  jurors  for  each  term  of  court   1671 

Drawing  jurors,  what  ollicers  to  attend   1672 

Notice  of  drawing   1678 

When  drawing  adjourned   1674 

Drawing,  when  term  consists  of  two  parts   1677 

How  drawing  conducted   1670 

Notice  by  commissioner  to  jurors  drawn   1678 

To  be  notified  by  sheriff   1679 

Clerk  of  court  to  certify  as  to  mode  of  service   1680 

Court  may  order  additional  panel   1681 

Fine  for  non-attendance   1682 

remission  of.. . :   1682 

May  be  arrested  and  compelled  to  serve   1683 

Jurors  for  district  courts   1684 

Sheriff's  juror,  how  selected,  etc  !   1685 

Board  for  enforcement  of  jury  fines   1687 

Powers  of  .1687,  1688 

Provisions  for  collection  of  fines  of  .  .1689-1692 

Physician  giving  false  certificate  to   1693 

Refusing  information  or  giving  false  information   1694 

Bribery  by  juror   1695 

Bribery  of  officer   1696 

Concealing  offer  to  take  bribe,  etc   1697 

False  swearing,  deemed  perjury   1698 

Lists  of.  to  be  furnished  to  district  courts   1371 

Ami  tec  JURORS.  COMMISSIONER  OF 

JURORS  IN  DISTRICT  COURTS   1371 

JURORS,  COMMISSIONER  OF  : 

To  be  nominated  by  mayor   106 

Salary   1634 

Allowance  for  expenses,  etc  194,  1635 

Salaries  of  subordinates  200,  1635 


DNDEX.  7G0 

Section. 

JURORS,  COMMISSIONER  OF  {anil 

Roud   1630 

*  Number  o!'  grand  juiors  to  l>e  drawn  by   164!' 

15c  judge  of  qualifications  of  grand  juror--   i  037 

Hear  claims  for  exemption*  ,   1637 

Be  clerk  of  board  to  draw  grand  jurors   1640 

Furnish  lists  to  district  courts   1371 

To  select  trial  jurors   1Q['>:: 

May  issue  certificate  of  exemption   14JB8 

Keep  record  of  proceedings   1663 

Collect  fees  1  1663 

Appoint  clerks  and  tlx  compensation   160-1 

Designate  assistant  to  attend  drawing   1661 

Administer  oath   1664 

Authorize  assistant  to  administer  oath  "   1664 

When  lease  rooms   1666 

Hear  and  determine  claims  for  exemption   1667 

Summon  persons  to  testify  ns  to  liability   166K 

Return  lists  to  county  clerk   1669 

Strike  off  those  exempt  or  disqualified   1669 

Prepare  ballots  of  jurors  ^   1670 

Attend  drawing  of  trial  jurors   167- 

Issue  notice  to  jurors  drawn   1678 

Transmit  to  sheriff  list  of  sheriff's  jurors   1 68~» 

Serve  notice  on  delinquent  jurors   1686 

How  notice  may  be  served   1686 

Decide  as  to  remission  of  tines   1686 

Appeal  from   1686 

Issue  warrant  to  collect  fines   1689 

File  certificate  of  uncollected  fines   1690 

Receive  fines  or  penalties   1691 

Render  annual  account  i   1691 

Require  corporation  attorney  to  collect  penalties   169-.' 

JURY  FIXES: 

Hoard  for  enforcement  of, 

who  constitute   1087 

appeal  to.   1686 

when  and  where  meet   1687 

powers  of   1687 

compel  attendance   1688 

compel  payment  of  tines   1688 

JUSTICE  who  allows  one  not  an  attorney  to  practice,  penalty  upon   1078 

JUSTICES  OF  DISTRICT  COURTS,  salaries  of   1548 

.1  miser  DISTRICT  COURTS. 

JUSTICES  OF  SUPREME  COURT,  additional  compensation  to   1 108 

And  see  SUPREME  COURT 

JUVENILE  ASYLUM.  NEW  YORK: 

Committal  of  children  to    *  .  .1608-1614 

Mode  of  committal  to  1608-1614 

Discharge  of  those  committed  ••   161  ■"> 

Transfer  of  those  committed   1616 

Receive  per  capita  allowance  for  children   194 

JUVENILE  DELINQUENTS,  SOCIETY  FOR  THE  REFORMATION 
OF: 

Commitment  of  children  to  1.j94-1o97 

Receive,  instruct,  and  bind  out  vagrant  or  convicted  children   1~>94 

What  criminals  consigned  to  care  of   159"> 

Who  disorderly  children   1396 

Managers  ascertain  true  ages   159"> 

Inmates  guilty  of  arson  or  violence  1598-1600 

Discharge  of  inmates  on  habeas  limited   1604 

To  sue  for  penalties  for  violation  of  law  requiring  theatre  licenses,  etc. .  1999 

Theatre  licenses  to  be  paid  to   -001 

May  obtain  injunction  against  theatres,  etc.,  opening  without  licenses. .  200"i 

Schools  of,  subject  to  board  of  education   1066 

entitled  to  shire  in  school  moneys   1060 


770 


INDEX. 


IK. 


Section. 

KEEPER  OF  PRISON  cannot  be  bail   1490 

KEEPERS,  PARK  '.   690 

KEROSENE,  sale  and  storage  of   4*57 


LADIES'  HOME  MISSIONARY  BOOXBTY,  Schools  of   1063 

LADIES'  UNION  AID  SOCIETY,  exempt  from  taxation   824 

LAKE  GLENIDA,  water  from     380 

LAKE  MAHOPAC,  water  from  i   380 

LAMPS: 

Penally  fur  injuring  852,  1954-1957 

Authority  of  department  of  parks  as  to   691 

LAMPS  AND  GAS,  BUREAU  OF   317 

LAND  UNDER  WATER: 

Grants  of,  limited   729 

Title  of  State  to,  may  be  conveyed  to  city   720 

LANDS: 

Juisdiction  over  certain,  ceded  to  United  States   1633 

Unclaimed,  city  to  take   935 

Wafer  supply,  proceedings  for  acquiring  title  to  367-378 

A  ml  m  STREETS,  ft-:.  OPENING  OF. 

LARCENY: 

Second  conviction  for   1444 

Intent  to  commit  '    1445 

Robbery  from  person  is   1446 

LAW  DEPARTMENT: 

Head  of   36 

Law  business  of  the  corporation  and  departments  conducted  by   215 

Legal  proceedings  in  opening  streets  in  charge  of  "   215 

Leases,  legal  papers,  etc;.,  for  department*,  drawn  by   215 

Bureaus  of, 

bureau  of  corporation  attorney   216 

bureau  of  the  public  administrator   216 

Set  CORPORATION  COUNSEL.! CORPORATION  ATTORNEY.  PU  BLIC  ADMINISTRATOR. 

LAW  LIBRARY: 

Established   1095 

How  controlled  109.5-1097 

Provision  for  payment  of  expenses  of  194  (sub.  17) 

LAW  JOURNAL,  for  publishing  court  calendars,  etc   1093 

LAWS  RELATING  TO  NEW  YORK  CITY',  volumes  of  special  and  local, 

may  be  read  in  evidence   1107 

LEAKE  AND  WATTS  ORPHAN'S  HOME,  schools  of   1066 

LEASES: 

For  departments,  etc.,  to  be  drawn  by  law  department   215  . 

Of  wharf  property  by  commissioners  of  sinking  fund   180 

By  corporation,  to  be  authorized  by  commissioners  of  sinking  fund   181 

LESSEES,  when  may  redeem  land  sold  for  taxes  940,  941,  947 

LEGAL  NOTICES,  publication  of   1093 

LEGISLATURE,  city  officers,  etc.,  not  to  hold  seat  in   55 

LEGISLATIVE  DEPARTMENT  70-102 

Sec  ALDERMEN,  BOARD  OF. 

LEGISLATIVE  POWER,  in  whom  vested    29 


INDEX. 


771 


Boctiotu 

LENOX  LIBRARY,  exempt  from  Uxatlog   824 

LETTERS  OF  ADMINISTRATION  to  public  a<hnii)i-!rnt<  i  '.'30 

LEXINGTON  AVENUE,  opening  ,   961 

LIBERTIES  OF  JAIL   1715 

LIBRARIES: 

Exemption  from  taxation, 

■  Mercantile   .  824 

A8tor   824 

Exemption  of,  from  taxation   824 

Merchants'  and  Clerks'   824 

Womans'   824 

New  York  City   824 

Lenox   824 

Mott  Memorial,  medical  and  surgical   824 

LIBRARY.  LAW 

SKI  LAW  LIBRARY 

LICENSED 

Bureau  of,  in  nuance  department   125 

For  certain  occupations 

ordinances  in  relation  to,  may  be  parsed  86  (sub.  20) 

must  be  registered  in  mayor's  oflice  86  (sub.  20) 

For  theatres,  etc  1999,  2000,  2003,  2011 

For  stages   1948 

May  be  required  of  junk  *hops   86 

For  pawnbrokers   86 

For  scavengers   112 

Fees,  etc.,  for,  under  tire  laws,  collection  of   431 

Necessary  for  pilots  *  2097-2099 

Of  auctioneers   113 

For  public  exhibitions   114 

Of  emigrant  transportation  agents   116 

Of  runuers  for  steamboats,  etc   117 

For  sale  of  kerosene,  etc   458 

For  sale  of  gunpowder,  etc   455 

For  vessels  engaged  in  carrying  ballast  765,  760' 

To  emigrant  boarding-houses  115,  2049 

To  emigrant  runners   2051 

For  sailors'  boarding-houses  and  hotels   2075 

May  be  revoked   2076 

To  steamboats  etc..  to  land  emigrant*   2045 

penalty  for  landing  without   2040 

LIENS: 

Of  board  of  health  596,  633 

Discharge  of,  by  health  board  •.   596 

Of  mechanics,  etc   1807 

who  may  have  liens   1807 

upon  what  lien  had   1807 

for  what  lien  had  *.   1807 

preference  of  lien   1808 

how  lien  obtained   1809 

sussessive  liens  '  : .  1809 

contents  of  notice   1809 

extent  of  lien   1809 

builders'  loans   1808 

appeals  in  actions  on   1821 

right  to  maintain  personal  action   1822 

where  lien  claimed  on  two  buildings   1810 

docket  of  liens  1810,  1812 

when  lieu  attaches  1808,  1811 

how  long  lien  continues  •   1812 

action  to  enforce  lien   1813 

when  defendant  to  file  lis  pendens   1812 

procedure  in  action   1813 

court  determine  priority  and  amount*  1813,  1817 

who  deemed  sub-rontractors   1816 

offer  to  pay  into  court  or  deliver  securities   1815 

sub-contractor  s  liens  1807,  1809 

judgment  in  lien  cases  .*  1813.  1818 


INDEX. 


*  Notion 
LIENS  (cvntin  tied ) : 

Of  mechanics,  etc., 

personal  judgment  tot  deficiency.   181ft 

discharge  of  liens   1820 

costs  in  lien  cases  1813,  181  n 

public  buildings,  no  liens  on  !   1823 

parties  who  may  join  in   1814 

consolidation  of  actions  on   1814 

L'uder  municipal  contracts, 

who  may  have  1824,  1837 

for  what   1824 

on  what  ;   1828 

to  what  extent   1824 

bow  lien  obtained   1825 

what  notice  of,  to  contain   1825 

comptroller  to  enter  notice  in  lien  book   1826 

how  long  lien  continue   1827 

actions  to  enforce  lien   1829 

who  made  parties  to  action   1830 

notice  of,  no  personal  claim   1830 

who  may  answer   1830 

what  court  may  determine   1831 

judgment  on   1831 

bow  priorities  determined   1832 

actions  may  be  consolidated   1833 

costs  discretionary   1834 

right  to  maintain  personal  action  not  affected   1835 

how  lien  discharged   1836 

what  claims  not  affected   1838 

LIGHTS: 

Vessels  at  anchor  to  show   755 

In  theatres,  etc.,  how  protected   454 

LIGHTERS: 

For  ballast  to  be  licensed   765 

How  marked   764 

penalty  for  omission   764 

LIGHTING  BTREETS 

Board  to  contract  for   60 

LIQUOR  SELLING  prohibited  in  theatres,  etc   2110 

LIMITS  OF  ASSESSMENT  on  opening  streets,  etc   970 

On  opening  squares  and  places   973 

LOAN  COMMISSIONERS,  office  of.  to  be  at  office  of  register   1764 

LODGING  HOUSES: 

See  TENEMENT  AND  LODGING-HOUSES 

LOST  PROPERTY  advertised  in  "  City  Record  "   392 

LOTTERY  TICKET  AGENCIES. 

Slay  be  suppressed. .  t   285 

Punishment  of  offenders   295 

LOTS,  raising  and  filling   880 

LUNATIC  ASYLUM; 

See  CHARITIES  AND  CORRECTION,  DEPARTMENT  OF. 

LUNATIC  IMMIGRANTS,  by  whom  provided  for   2064 


MAGDALEN  FEMALE  BENEVOLENT  ASYLUM  AND  HOME  FOR 
FALLEN  WOMEN: 

Annual  appropriation  to  t   194 

When  prostitutes  committed  to   1460 


INDEX.  .... 

• 

Section. 

MAGISTRATE: 

Mayor  is   104 

Recorder  is   1520 

City  judge  is   1521 

Judge  of  sessions  is   1528 

MAGISTRATES 

To  commit  vagrant^  '.   1 404 

When  to  require  notice  of  application  for  bail  to  be  given  to  district 

attorney   1488 

Who  may  take  bail   1480 

Judges  of  common  pleas  and  superior  court  arc   1123 

MAHOPAC,  LAKE,  use  of  water  for  supplying  city   B80 

MANHATTAN  SQUARE: 

To  be  improved  and  connected  with  Central  Park   682 

Hotanical  garden  in   094 

(trade  of  surrounding  streets  not  to  be  changed   094 

MANHATTAN  STREET,  opening  of   902 

MANUAL  OF  COMMON  COUNCIL,  not  to  be  printed  at  public  expense. ..  68 

MAPS: 

For  subdivision  oi  certain  plots,  by  owner   703 

Of  Twenty  third  and  Twenty-fourth  wards   679 

And  «f  PUBLIC  PARKS,  DEPARTMENT  OF. 

For  taxation. 

S-e  TAXES  AND  ASSESSMENTS,  DEPARTMENT  OT\ 

MARINE  COURT: 

A  court  of  record   1205 

Existing  jurisdiction  continued   1218 

Election  of  justices  of   1206 

Compensation  of  justices   1200 

•  How  vacancy  tilled  '.   1200 

< 'ompensation  of  clerk  of   1201 

Has  jurisdiction  in  summary  proceedings   1211 

Number  of  justices  of   1215 

term  oj  office  of   1206 

Jurisdiction  of  1208,  1209 

Limit  of  jurisdiction  1209,  1211 

Marine  causes  in   1210 

No  power  to  naturalize   1212 

Actions  removed  from,  to  supreme  court   1214 

Proceedings  in   1214 

When  court  open   1215 

Powers  of  the  chief  justice   1217 

Chief  justice  of,  how  designated   1217 

Attendance  of  justices   1215 

Justices  of,  may  be  suspended   1210 

May  make  rules   1218 

Always  open   1219 

Designation  of  terms   1219 

General  term,  how  constituted   1219 

When  reargument  ordered   1219 

Where  court  held   1220 

Justices  may  administer  oaths  and  take  acknowledgments:   1221 

Orders  in,  to  be  made  only  by  justices  of  court   1222 

k^      Clerk,  how  appointed  and  how  removed   1223 

Clerks,  deputies  and  assistants   1223 

take  oath   1224 

Duties  of  clerks  and  deputies  •.   1224 

Special  deputies  to  be  designated   1225 

Clerk  to  account  for  fees   1226 

perform  no  service  til)  fees  paid   1226 

receive  no  pay  till  he  accounts   1226 

Contents  of  summons   1237 

Stenographers,  how  appointed   1227 

when  suspended   1232 

Interpreter  of  1228,  1229 

Attendant?  of.  how  appointed   1230 

Clerks,  etc.,  of.  not  to  receive  fees   1231 


.■"••ctiou. 

MARINE  COURT  (e   td) 

What  mandates  executed  OHtslde  cltj  *  12315 

To  whom  mandates  directed  "   1234 

Return  to  mandates   1234 

Time  to  serve  pleadings   1237 

Contents  of  summons  in   1 237 

Time  to  appear  in   12157 

Time  to  answer,  reply  or  demur  in. . .  ..*  1237,  1988 

Time  to  answer  where  either  party  is  non-resident   1237 

Clerks,  deputies.  Interpreter  and  attendants,  receive  DO  fees   1231 

Security  for  costs   1235 

Time  to  except  to  hail  in   1281* 

Notice  of  iustification  of  hail  1239,  124*1 

Exception  to  sureties  in   1239 

Notice  of  justification  of  sureties   1240 

application  for  judgment   1240 

motion  to  strike  out   1240 

reference   1240 

motion  •   1240 

trial  or  hearing  1240,  1241 

taxation....:   1240 

Note  of  issue   1241 

Time  for  decision  in   1242 

Form  of  decision   1242 

Counterclaim  in   1243 

Reference  in   1244 

Party  may  remit  excess  of  damage*   1 24 "» 

When  discharge  from  arrest  in   1240 

Order  for  publication  of  summons  in   1247 

Attachment  against  property  in   1248 

Fees  on  attachment   1245* 

Sale  of  perishable  property  attached   1250 

Arrest  in   1251 

Undertaking  on  arrest  in   1251 

Order  of  arrest  in   1252 

Summons  in  case  of  arrest  1252,  1253 

Duty  of  sheriff  on  arrest   12555 

Mail  or  deposit  on  arrest  »  1254-1256 

Confinement  where  bail  not  given   1257 

Ueturn  of  sheriff  on  arrest   1258 

Proceedings  on  return  day   1259 

Pleadings  in  arrest  cases   1259 

Jury  trial,  when  demanded   1269 

Jury  trial   1260 

What  provisions  of  code  not  apply  in   1262 

Who  deemed  a  resident  in   1262 

Execution  for  workingwomen  in   1263 

Examination  de  l>enc  in   1264 

Commissions  from   1264 

Money  paid  into  court   1265 

Appeals  to  general  term  in  1266,  1267 

when  to  l>e  taken  ;   1267 

to  common  pleas  1269,  1271 

when  to  be  taken   1271 

judgment  on   1272 

to  court  6f  appeals   1273 

undertaking  on   1274 

May  issue  warrant  to  seize  chattel   123C 

Costs  in   1276 

When  costs  to  plaintiff   1276 

Costs  of  appeal   1276 

When  costs  to  defendant   1276 

Costs  on  adjournment   1277 

Stenographer's  fees  in   1276 

Salaries  of  clerks'  deputies,  interpreter  and  stenographer   1275 

Costs  on  appeal  to  common  pleas   1276 

MARKETS: 

Bureau  of   125 

Regulation  of,  as  to  cleanliness   538 

Property  of.  how  sold  or  leased   170 


775 


Section. 


MARKETS  (continued); 

On  piers   726 

Powers  of  board  of  health  as  to   538 

Ordinances  in  relation  to.  liny  lie  passed   80 

MARKET  PLACE  IN  NINTH  WARD 

Rounds,  use  ami  management  of   129 

Erection  of  buildings  thereon   845 

Provision  for  deficiency  in  assessment  for   109 

MARRIAGES: 

Registry  of,  kept  iiy  clergymen  and  magistrates   00'.' 

pcually  for  omission   605  * 

Record  of.' kept  by  register  of  records   584  . 

Record  of.  l>v  board  of  health   606 


MARSHALS: 

Appointment  of   1699 

Number  of  *.  1699 

Term  of   1699 

Vacancies  in   1699 

Paid  by  fees   56 

Fees  o'f   1710 

Have  powers  and  duties  of  sheriff  as  to  taking  property   1711 

Reside  in  district  of  court   169H 

Give  bond   1700 

Failure  to  give  bond  waiver  of  appointment   170* 

When  and  how  bond  prosecuted   1701 

Where  bond  prosecuted   1702 

Judgment  on  marshals'  bond   1703 

Execution  on  judgment  on  bond   170:: 

Memorandum  of  judgment  to  be  made  on  bond. .  •   1704 

Amount  collected  of  sureties  credited  on  bond   17()."i 

Complaints  against   1706 

When  suspended  or  removed   1706 

When  bond  renewed   1707 

Serve  papers  and  process  from  districts  courts   1709 

Notice  by,  of  sales  of  property  for  taxes   855 

surplus  of  sales   856 

Warrants,  etc,  for  tax  on  personal  property   853 

To  take  vagrants  for  examination   1464 

Transcript  of  judgment  against   139* 

tiled  in  common  pleas   1398 

execution  thereon   1398 

What  process  from  district  court  served  by   1302 

Duty  of,  on  arrest  1308,  1309,  1311,  1314 

on  attachment  1320,  1323,  1326 

on  replevin  in  district  court  1334,  1335 

Serve  precept  in  summary  proceeding  in  district  courts   1357 

With  execution,  liability  of   1407 

Costs  against,  when  bond  ordered  prosecuted   1425 

MASONIC  ASYLUM,  exempt  from  taxation   824 

MASTERS  OF  VESSELS: 

To  report  draught  to  pilots.   211 1 

To  report  certain  passengers   2064 

penalty  for  omission   2061 

MATCHES,  manufacture  and  storage  of   456 

MAYOR: 

Chief  executive -officer  of  the  corporation   31 

When  elected   31 

Term  of  office   31 

Salary  of   52 

Vacancy  in  office,  how  tilled   32 

Office  of,  how  rilled  in  case  of  sickness  or  absence   32 

General  duties  of   103 

Is  a  magistrate   104 

Removal  of   122 

F.xpenses  and  receipt*,  report  concerning   105 


776 


I  ^  i  -  h  x. 


Section. 

MAYOR  {continued): 

Clerks  and  subordinates  of, 

appointment  of   105 

report  concerning  salaries  and  duties  of   105 

limitation  to  expenses  for   105 

Commissioners,  appointed  by   106 

vacancies  in  ollicc  of,  how  tilled   106 

removal  of   108 

Heads  of  departments,  appointed  by  lpo,  107 

vacancies,  how  filled  ;   106 

removal  of   108 

Inspectors  and  sealers  of  weights  and  measure-,  appointed  by   106 

number  of   106 

•»    Officers,  members  of  commissions,  etc.,  appointed  by   106 

vacancies,  how  filled   106 

removal  of   108 

Sealers  of  weights  and  measures,  appointed  by   106 

Member  of  board  to  select  deposit  banks   165 

board  of  commissioners  of  sinking  fund   170 

board  of  estimate  and  apportionment   189 

board  for  lighting  streets,  etc  '.   69 

board  of  printing  and  stationery  '.  60,  68 

board  street  openings,  etc   955 

A  commissioner  of  emigration   119 

Excise  commissioners,  to  nominate   109 

Commissioners  of  common  schools,  appoint   1022 

Marshals,  appoint   1699 

To  approve  ordinances  and  resolutions   75 

Veto  of   75 

Papers  to  commence  action  may  be  served  on   1105 

Ollicc  account  of,  to  be  published   105 

Message  of,  to  be  published  in  "  City  Record  "   80 

To  approve  acts  of  aldermen  acting  as  sii]>ervisors   88 

To  approve  demand  of  board  of  police  for  use  of  military   269 

To  approve  action  of  board  of  health  in  time  of  pestilence   580 

Approve  -tage  routes   1948 

May  order  matter  inserted  in  "City  Record   68 

License  planes  of  amusement   2000 

License  scavengers  '   112 

To  license  hay  scales   Ill 

To  issue  licenses  to  auctioneers  113,  1985 

to  examine  into  charges  against   1994 

when  licenses  of,  may  be  revoked  and  forfeited   1994 

may  commit  for  trial   1994 

Report  of  chamberlain  to   165 

Report  of  commissioners  of  accounts  to   164 

When  change  places  of  holding  courts   1074 

Summons  may  be  served  on   1080 

To  appoint  commissioners  of  accounts   110 

To  license  public  exhibitions   114 

To  license  emigrant  boarding-house  keepers   115 

To  license  emigrant  transportation  agents   116 

To  license  runners  for  steamboats,  etc   117 

When  to  appoint  places  for  holding  courts   116 

When  application  for  removal  from  real  property  may  be  made  to   120 

To  have  power  of  certain  police  officers   121 

To  countersign  warrants  of  chamberlain   123 

To  sign  bonds  for  relaying  pavements  ■   147 

Licenses  to  be  registered  in  office  of  86  (sub.  20) 

MEATS,  impure   566 


MECHANICS'  lien-: 

See  LIENS 

MEDICINE: 

See  PHARMACY. 

MERCANTILE  LIBRARY : 

See  CLINTON  HALL  ASSOCIATION. 

METAL,  when  discharged  from  vessels,  pier  to  be  protected   183 

METEOROLOGICAL  AND  ASTRONOMICAL  OBSERVATORY,  estab- 
lishment and  maintenance  of   694 


INDEX. 


777 


Section. 

METHODI8T  EPISCOPAL  (  111  RCU  HOME 

.»••■■  r.ADIKS'  I  NION  All)  SOI  IK'J  , 

MERCHANTS'  and  CLERKS'  LIBRARY  ASSOCIATION  uxempl   *ll 

METROPOLITAN  ASSOCIATION  OF  AMATE1  K  OARSMEN  * 

Police  to  protect  regattas  of   294 

Regulations  for  regattas  of   295 

METROPOLITAN  Ml  SKI  M  OF  ART,  contract  with,  bj  dep  Si  Hum'  <>f 

parks   697 

MILITARY  of  FIRST  DIVISION.  assistance  or,  may  he  demanded  by  po- 
lice board   269 

MINT,  blanch,  exempt  from  taxation  ,  824 

MISDEMEANORS 

When  special  sessions  may  trv  for   1588 

Punishment  for  ".   1688 

Special  sessions  has  jurisdiction  of   1583 

MONEY: 

Paid  into  court,  power  of  superior  court  and  common  plea-,  over   1161 

disposition  of  by  marine  court   1265 

by  courts  generally   1085 

Raised  by  taxation  not  to  be  given  in  aid  of  denominational  schools.  ...  61 

.MORNINGSIDE  AVENUE,  assessments  for   906 

MORNINGSIDE  PARK: 

Bonds  to  complete   152 

Powers  and  duties  of  department  of  public  works  in  reference  t<<  street.-. 

etc.,  bounding.  334-33* 

MORTGAGES: 

Indices  of,  kept  by  register  *   1752 

Chattel,  to  be  filed  with  register   175" 

To  be  deposited  with  register   1764 

Memorandum  of  certain,  to  be  filed  with  register   936 

what  to  contain   936 

MORTGAGEES: 

When  to  redeem  land  sold  for  taxes,  etc  940,  941,  947 

Notice  to,  by  clerk  of  arrears  936.  937 

MOTIONS: 

In  marine  court,  notice  of   1240 

In  supreme  court,  when  made   1117 

may  be  made  to  judge   1117 

MOTT  MEMORIAL  MEDICAL  AND  SURGICAL  LIBRARY,  exempt 

from  taxation   824 

MOUNT  SINAI  HOSPITAL,  leave  to   187 

MOUNTED  PATROL,  where  to  be  established     256 

MUNICIPAL  CONTRACTS,  liens  under  1824-1838 

And  let  LIKSS.  • 

MUSEUM  OF  ART,  M  ETROPOLITAN,  contract  with  by  department  of 

parks  : . . .  697 

Enlargement  of   698 

MUSEUM  OF  NATURAL  HISTORY,  AMERICAN,  contract  with  by  de- 
partment of  parks   696 

Prepare  plans   680 

MUSEUM  OF  NATURAL  HISTORY: 

Annual  appropriation  for  maintenance  of   194 

Establishment  and  maintenance  of   693 

MUSEUMS  IN  CENTRAL  PARE,  expenditure  for  preservation  of  collection- 

in   702 

MUSIC  at  parades  on  Sunday   1941 


778 


i  CDEX. 


Section. 

NAILS,  in  streets   1987 

NA  MES :  • 

Common  pleas  has  jurisdiction  in  clmngc   IKio 

Clerk  to  n-port  changes   1167 

NAPHTHA,  storage  of   457 

NASSAU  STREET,  elevated  railways  forbidden  in   1944 

NATURAL  BISTORT,  MUSEUM  OF: 


N-  MlKhTU  01    N  VI  1  H.\L  HISTOID 

NEGLECT  OP  OFFICIAL  DUTY,  etc.,  how  punished   R 

NETS.  FISHING  WITH 

In  Hudson  river   737 

In  Harlem  or  P^ast  river   739 

NEW  YORK  BALANCE  DOCK  COMPANY,  cute  of  pf en,  etc.,  by,  permitted.  Sll 
NEW  YORE  CATHOLIC  PROTECTORY: 

See  PROTECTORY. 

NEW  YORK  CITY  LIBRARY  ASSOCIATION,  exempt  from  taxation. . . ,  824 

NEW  YORK  FLOATING  DRY  DOCK  COMPANY,  use  of  piers,  etc.,  by, 

permitted   81 1 

NEW  YORK  HOSPITAL,  exempt  from  taxation   738 

NEW  YORK  INFANT  ASYLUM: 

See  INFANT  ASYLUM. 

NEW  YORK  .11  YENILE  ASYLUM: 

See  JUVENILE  ASYLUM. 


NEW  YORK  ORPHAN  ASYLUM,  Schools  of   1O66 

NEW  YORK  SOCIETY  FOR  RELIEF  OF  RUPTURED  AND  CRIPPLED: 

Per  capita  allowance  to   194 

NIGHT  MEDICAL  SERVICE  297-302 

Annual  appropriation  for  support  of   194 

Registrar  of  vital  statistics,  to  report  standing  of  physicians  registered. .  574 

Fees  of  physicians,  payment  of   574 

NIGHT  SOIL: 

Removal  of   560 

Scavengers  for  removal  of  112,  1090 

Placing  in  slips,  etc.,  penalty  for   781 

lieu  for  penalty  on  horse,  cart,  etc   781 

N 1 N  ET  Y-SEVENTH  STREET,  bridge  over  Fourth  avenue  at   I960 

NINETY-EIGHTH  STREET,  closed  at  Fourth  avenue   1901 

NITRATE  OF  SILVER,  manufacture  and  storage  of   456 

NITRATE  OF  SODA,  manufacture  and  storage  of   456 

NTTRO-GLYCERINE,  etc. : 

Manufacture  and  storage  of  !   455 

Licenses  for  sale  of  *   455 

Vessels  arriving  in  harbor  with   455 

NON-RESIDENTS: 

Testimony  in  offenses  against   1467 

Witnesses  examined  de  bene   1468 

NORTH  RIVER,  matters  not  to  be  deposited  in  waters  of   740 

A  .irf  Me  HUDSON  RIVER. 

NOTARIES: 

Powers  of,  extended   1713 

Appointed  for  adjoining  counties   1713 

Number  of   1712 

Fee  on  filing  oath   1712 


INDJ  K. 


779 


Section. 

Sol  L  OK  ISM  L 

Only  one  needed   108-J 

Of  a  passed  eause   1088 

In  marine  court   1241 

NOTES  during  epidemic  80064601 

NOTICE: 

Motions  upon  —   1117 

'    Of  trial  in  marine  court  *  1240,  1241 

Of  motion  in  marine  court   1240 

Of  sale,  how  given   1087 

Of  trial,  only  one  necessary   1084 

NOTICES,  LEGAL,  how  published   1093 

NUISANCE,  place  of  trial  of  indictment  for   1441 

Near  boundary  of  city   1441 

Abatement  of.  by  suit  63G-648 

*  And       HEALTH,  DEPARTMENT  OK. 

NUMBERS  OF  HOUSES,  when  may  be  altered  1881 

NURSERY  AND  CHILD'S  HOSPITAL 

Per  capita  allowance  to  '   194 

Share  in  school  fund   1060 

NURSERY  FOR  CHILDREN  of  poor  women,  exempt   824 


o. 

OARSMEN.  Amateur  Metropolitan  Association  of.  regattas  of  294,  29j 

OATH  OF  OFFICE  : 

When  taken   54 

By  members  of  police  force   270 

By  members  of  uniformed  force  of  tire  department   439 

OATHS : 

Justices  of  district  courts  may  administer;   1473 

What  police  officers  may  administer.  .•   201 

OBSERVATORY,  METEOROLOGICAL  AND  ASTRONOMICAL: 

Annual  appropriation  for  maintenance  of   194 

Powers  of  department  of  parks  as  to   693 

OBSTRUCTIONS  : 

On  public  streets,  removal  of   324 

Iu  streets,  dangerous  to  health,  removal  of   538 

In  harbor  732,  785 

OFFAL  :  . 

Not  to  be  thrown  into  harbor   751 

Transported  only  by  steam   752 

OFFENDERS : 

When  arrested,  how  disposed  of   279 

rules  regarding  undue  detention  of   279 

OFFICE,  when  forfeited  57,  59 

OFFICERS  OF  CORPORATION : 

Term  of  office  of  those  appointed  by  the  mayor   106 

Vacancies,  how  filled   106 

Term  of  office  when  appointed  to  till  vacancy   106 

How  removed   108 

Expenses  for  contesting  offices  of,  paid  to  prevailing  party  only   211 

how  paid   211 

Corporation  counsel  may  assign  counsel  to,  in  summary  examinations. .  211 

Expenses  of,  for  counsel  in  summary  examinations   211 

Not  to  bold  office  under  State  or  United  States  government   55 

Accepting  another  office  under  corporation  vacates  one  held   55 

Accepting  seat  in  Legislature  vacates  office  held  under  corporation   55 

Not  to  hold  two  city  and  county  offices  :   55 

exception   55. 


780 


INDEX. 


Section 

OFFICERS  OF  CORPORATION  {eenlip  ted 

Summary  examination  of   60 

subject  of  inquiry   60 

proceedings  therein   60 

Appointments  and  removals  of.  notice  of,  when  to  be  published   51 

List  of,  to  be  published  annually   68 

■what  to  contain   68 

Salaries  of   52,  48 

restriction  as  to  subordinates   '  52 

Certificates  of  appointments  of   r>;-; 

Oath  of  office,  when  taken   54 

Bribery  of,  punishment   58 

Violating  laws  a  misdemeanor   57 

Frauds  committed  My,  upon  the  city,  a  misdemeanor   57 

Converting  public  property  by,  a  misdemeanor   57 

When  ollice  shall  be  forfeited   57(  59 

Contracts,  etc.,  not  to  be  interested  in.   '59 

penalties   59 

(  ompensation,  a  misdemeanor  to  give  any  part  of,  for  appointment.  ...  59 

Noexpcnse  incurred  by,  unless  an  appropriation  for   46 

Accountability  of.  common  council  to  provide  for   95 

Fees,  percentages,  etc.,  received  by,  property  of  city   56 

marshals  excepted  *   56 

To  be  paid  a  fixed  salary   56 

Fees,  percentages,  etc.,  to  be  reported  to  comptroller  and  paid  chain 

berlain   56 

Salaries  of  certain,  fixed  and  reduced  by  boaid  of  apportionment   202 

limitation  of  increase   202 

Salaries  of  certain,  may  1m-  tixed  by  common  council   97 

Mode  of  payment   123 

Accountability  of,  provisions  for   95 

OFFICIAL  CANVASS,  printed  in  detail  in  City  Record   6* 

OLD  ORCHARD  SHOALS,  jurisdiction  over,  ceded    163:; 

OMNIBUSES  : 

•»-  STAGES. 

OPENING  SQUARES  AND  PLA<  KS   97:; 

Limits  of  assessment  on  .'   973 

Deficiency  not  assessed  as   996 

Opening  streets  ; 

8M  STKKKTS,  rt.-„  OPENING  OF 

ORDER  to  support  family  ■   1455 

ORDINANCES 

Certain  salaries  to  be  prescribed  by   97 

To  be  reduced  to  code  and  published   98 

Police  board  to  cause  enforcement  of   252 

Actions  for  penalties  for  violation  of.  in  what  name  to  be  brought   216 

For  accountability  of  officers   96 

ORDINANCES  AND  RESOLUTIONS 

Legislative  acts  to  be  by   74 

When  majority  vote  required  to  pa&s   74 

When  three-fourths  vote  required  to  pass   74 

When  four-fifths  vote  required  to  pass   74 

When  unanimous  vote  required  to  pass   74 

To  be  presented  to  mayor  for  approval   75 

Action  on  liis  disapproval   75 

When  to  be  published  before  passage   80 

Vote  on  final  passage  to  be  published   80 

Continuance  of,  in  force   84,  85 

Penalties  for  violation  of   85 

May  be  passed  for  certain  purposes   88,  95 

Certain,  as  to  salaries  declared  void   96 


ORPHAN  ASYLUM.  NEW  YORK 

Schools  of  .-  


1068 


INDEX. 


7M 


Section. 

01  BR  AND  TERMINER 

Jurisdiction  of   1809 

Places  for  holding  to  be  assigned  bj  common  council  91,  1506 

Who  to  hold   150S 

Fines  imposed  hy   1509 

Salary  of  clerk  and  deputy  of  •   1518 

Clerk  of,  to  reside  in  city   1618 

nay  over  fines   1509 

to  issue  subpoenas   1511 

may  appoint  deputy   1510 

to  rile  record  of  convictions  with  bureau  of  elections   1871 

Stenographer  for   1512 

OYSTERS,  in  Harlem  river   767 

OYSTER  BOATS,  wharfage  on  '.   799 


PAPERS  FOR  CORPORATION  ADVERTISEMENTS   86 

PAPERS . 

When  copies  of,  to  be  furnished  by  departmi  ats   50 

Wheu  open  to  inspection   50 

PARADES: 

In  streets  1939-1942 

on  Sundays   1941 

PARES: 

No  railway  in   194C 

Funds  for "improvement  of,  how  obtained   189 

And  *rc  PARKS,  DEPARTMENT  OF.  ' 

PARE  COMMISSIONERS: 

ft'te  PARKS.  I'EPARTMENT  OF. 

PARRS,  DEPARTMENT  OF: 

Head  of   42 

Parks,  streets,  and  public  places,  under  control  and  management  of..  .668-611 

Certain  stock  to  be  issued  oil  requisition  of   140 

Debts,  obligations,  etc.,  in  behalf  of,  not  to  be  created  by  officers   701 

General  powers  and  duties  of  668-703 

Powers  of,  as  to  grades  1964,  1965 

Fix  certain  pier  and  bulkhead  lines   730 

Streets  bounding  parks,  improvement  and  maintenance  of   689 

Powers  of,  over  boulevard  and  streets  above  Fifty-ninth  street  trans- 
ferred to  public  works   956 

to  have  authority  as  to  placing  lamps  in  parks,  etc   69 

President  of, 

member  of  board  of  street  openings,  etc   955 

salary  of   52 

Commissioners  of  parks, 

number  and  term  of  office  of   42 

general  powers  and  duties  668-703 

no  salaries  to  other  than  president   52 

personal  expenses  reimbursed   701 

uo  power  to  create  debt  not  authorized  at  meeting   701 

Keepers  of  public  parks,  etc., 

appointment  of   690 

powers  and  duties   690 

temporary  force,  when  to  be  appointed   690 

Twenty-third  and  Twenty-fourth  Wards, 

bridges  and  tunnels  in,  plans  for,  and  location  of   671 

powers  of  department  as  to  957,  958 

public  improvements  in,  proceedings  for,  how  taken  and  prose- 
cuted  671 

parks  in,  control  of,  maintenance  and  construction  of   671 

streets,  roads,  etc.,  in  power  to  locate,  lay  out  and  maintain  671,  957 

width  and  grades  of,  how  established  :   671 

exceptions   671 

not  to  be  constructed  through  railroad  station  grounds   671 


Section. 

PARKS,  DEPARTMENT  OF  eo  tin  mQ 

Twenty-third  and  Twenty-fourth  wards, 

maps  of  territory  in   679 

duties  of  department  in  reference  to  plans  and  m.ip-i  oi  Erects  in.  .672.,  673 

acquiring  title  to  lands  for  streets  in  677,  958 

•.ewers,  construction  and  maintenance  ol   (>?] 

make  requisition  for  money  for  expenses  in   152 

Harlem  river  and  Spuvten  Duyvil  creek, 

improvement  of   675 

bridges  over   676 

department  to  acquire  title  to  lands  for  improvement,  etc.,  of   678 

to  sites  for  bridges  over   959 

Mattery  place, 

portion  of,  under  control  of  park  department   66'j 

buildings,  docks,  and  piers  to  be  erected  tbereon   669 

rules  and  regulations  for  use  of   669 

Central  park, 

gifts,  devisee  and  bequests,  for  benefit  of   700 

military  encampment •.,  etc.,  in,  prohibited   692 

museums,  etc.,  in  693-697.  702 

entrance  to,  completed   680 

Morning.-idc  park, 

bonds  issued  for   152 

Manhattan  square, 

powers  as  to  streets  surrounding   694 

to  be  Improved  and  connected  with  Central  Park   682 

Parks,  squares  and  public  places. 

moneys  for  improvement  and  maintenance  of,  to  applv  to  adjacent 

'streets   689 

streets  and  avenues  bounding,  surface  construction  of,  how  deter- 
mined   688 

trees  may  be  planted  in   688 

seats,  drinking  fountains,  etc,  placed  in   688 

statues  and  works  of  art  placed  in   688 

Riverside  avenue  and  Park. 

under  control  of  department  of  parks   668 

Botanical  and  Zoological  Garden, 

may  be  established  and  maintained   694 

admissions  to   695 

income  from,  how  applied   695 

management  and  maintenance  of   695 

Museum  of  Natural  History, 

construction  and  maintenance  of   698 

appropriation  for  maintenance  of   194 

contract  with  American  Museum  of  Natural  History  for  occupancy 

of  building  ;  '.  696 

also,  for  establishing  and  maintaining   690 

Galh-iy  of  Arts, 

construction  and  maintenance  of   693 

equipment  and  furnishing  of   693 

appropriation  for  maintenance  of   194 

contract  with  Metropolitan  Museum  of  Art  for  occupation  of   697 

enlargement  of   698 

also  for  establishing  and  maintaining   697 

Meteorological  and  Astronomical  Observatory, 

erection,  furnishing  and  maintenance  of   693 

appropriation  for  maintenance  of   194 

Museums,  etc., 

sum  to  be  expended  for  preservation  of  collections  in   702 

Maps  of  plans  and  of  grades,  filing  of  t   681 

Fourth  avenue,  improvement  of  parks  in   683 

Washington  square,  to  be  preserved  as  a  park   684 

Reservoir  square,  to  be  used  only  as  a  park   685 

Broadway,  portion  of  under  control  of  department   687 

Lamps  in  parks,  authority  of  department  as  to   691 

Fire  apparatus  houses,  location  for,  in  parks   699 

Plots  mapped  by  department. 

subdivision  of ,  by  owner   703 

PARK  KEEPERS   690 

PARK  ROW,  elevated  railway  forbidden  in   1944 


» 


INDEX.  7>*:> 

Section 

PARTITION  FENOJfS  and  walls,  ordinances  in  relation  to,  maj  be  pat*  d  86 

IWSSENtJERS: 

certain  to  be  reported   8064 

emigrant .  booking  offices  for   2052 

emigrant,  where  to  be  landed   8086 

Ana  m  BsnoBAKra 

PATENTED  PAVEMENTS  AND  ARTICLES,  provisions ai  to  purchasing, 

etc   6:: 

PATENTED  ARTICLES,  when  used   68 

PATENT  HYDRANTS,  etc..  condition  on  which  they  may  be  used   864 

PATENTED  PAVEMENTS,  except  for  repairs,  not  to  be  used   68 

PATROLMEN,  to  be  assigned  to  each  poll   266 

PAUPERS,  transfer  of: 

8m  0HARITIE8  AND  CORRECTION,  DEPARTMENT  OF  * 

PAVEMENTS: 

Patented,  when  used   88 

Removal  of,  permit  required  for   898 

Belaying  of,  proceedings  when  not  properly  done   32:: 

expanses  Of,  when  done  by  city,  u  Ben  00  property   328 

how  collected  ".   868 

E\peiws  of  relaying  in  certain  cases,  how  paid   147 

Repavement  certified  by  commissioner  of  public  works   194 

expenses  of,  when  borne  by  general  taxation   194 

Assessments  for  relaying   877 

PAVING; 

Done  by  city   878 

expenses  for,  etc  .•   878 

assessments  for  875,  87* 

PAW  NBROKERS: 

Common  Council  regulate   86 

Books  may  be  examined, 

by  superintendent  aud  captains  of  police   284 

by  police  justices   1568 

Property  may  be  examined   284 

Licensing  of  ,  and  seenrity  by   89 

Penalty  for*violation  of  ordinances  by   89 

-  PAYMENTS: 

To  be  indorsed  on  contracts   04 

Of  officers  and  employees,  mode  of   121! 

By  the  corporation,  how  made   12" 

PENALTIES: 

Actions  for,  in  what  name  brought   216 

For  violation  of  ordinances   N5 

Disposition  of,  for  violation  of  ordinances  86  (sub.  23) 

Actions  for,  by  city  in  district  courts   1290 

For  falsely  representing  police  officer.-   280 

For  falsely  representing  officer  of  health  department   627 

For  violations  of  sanitary  code   575 

Pawnbrokers,  for  violation  of  ordinances  by   89 

For  violations  of  regulations  by  scavengers."   112 

May  be  provided  for  selling  firewood  without  license  86  (sub.  36) 

For  falsely  representing  member  of  fire  department   434 

For  obstructing  hydrants   446 

For  not  removing  shavings   452 

For  not  closing  hoistways,  etc   453 

For  kindling  fires  in  streets   45'.' 

For  fire  in  chimney   452 

For  injury  to  fire  telegraph,  alarm  boxes,  etc   429 

Actions  for,  by  fire  department  -.   431 

For  selling  kerosene,  etc.,  without  license   458 

For  violations  of  provisions  respecting  combustible  and  explosive  mate- 
rials  455 

For  violations  of  provisions  in  respect  to  construction,  etc.,  of  build- 

„    ings  505.  508 

For  defacing  public  urinal*   347 


784 


INDEX. 


Section.  * 

PENALTIES  (continued  4> 

Croton  lake,  reservoirs,  etc.,  lor  depositing  offensive  matter  in   362 

For  obstructing  harbor  and  violations  of  harbor  regulation'-: 

,SV«  HARBOR  AMD  WATERS. 

For  violations  of  regulations  of  dock  department   717 

For  building  pier  beyond  line   732 

PENITENTIARY,  keeper  of,  how  to  keep  prigtonen   1493 

PENSIONS: 
Police. 

'  -  X'l.h  h  hEI'ARTMENT. 

Fire. 

fire  FIRE  DEPARTMENT. 

PERCUSSION  CAPS,  manufacture  and  storage  of   456 

PERFORMANCES,  dramatic: 

fife  THKATRES. 

PERJURY: 

False  swearing  before  comptroller,  is   123 

False  swearing  in  investigation  as  to  origin  of  fires,  is   460 

False  swearing  in  proceedings  under  rules  of  police  board,  is   251 

PERMITS  FOR  BUILDING,  etc,,  to  Ik-  reported  to  conuBiwlenen  of  taxea  823 
PERSONAL  TAXES  . 

See  TAXES. 

PERSONATION: 

False,  of  member  of  police  force   280 

of  member  of  fire  department   434 

Of  officer  of  health  department  ;  627 

of  elector   1904 

PESTILENCE: 

Measures  in  view  of   58 

Expenditures  by  health  board  during   580 

PETROLEUM: 

Crude,  sale  and  storage  ol   457 

refined   457 

Licenses  for  sale  of   458 

Lights,  etc. ,  near  warehouses  for,  prohibited   460 

PHARMACISTS; 

Examination  of   2018 

fees  for   2019 

To  be  registered   2019 

*  fees  for   2019 

Responsible  for  quality  of  drugs  dispensed   2020 

exceptions  '.   2020 

Penalty  for  adulterating  drugs  : . . .  2020 

Sale  of  poisons  by   2021 

Registry  of,  what  to  contain   2019 

PHARMACY: 

Persons  conducting,  to  be  registered   2010 

qualifications  necessary'   2016 

Graduates  of,  meaning  of  term   2017 

Licentiates  in,  meaning  of  term   2017 

Physicians'  prescriptions  not  to  be  prepared  by  apprentices   2017 

Board  of, 

of  whom  composed   2018 

term  of  office  and  vacancies   2018 

powers  and  duties  of  f   2018 

PHOSPHORUS,  manufacture  and  storage  of   456 

PHYSICIANS: 

To  jail   93 

Poisons ,  sale  of  by   2022 

And  see  POISONS. 

To  Coroners  201, 1769 

And  see  CORONERS. 

Contagious  diseases,  report  of,  by   608 

Sick,  report  of,  by   608 


index.  ~,y:> 

ction. 

PHYSIC  1ANS  <  uiUiit  <( 

Dead,  report  of,  by  ».   «0h 

penalties  for  neglect   010 

Affidavit  as  to  patients  sick  of  contagion*  diseases   609 

Night  medical  service  997-402 

PICKPOCKETS,  how  punished   1447 

PIERS: 

Erections  on    .772,  774 

licenses  therefor   772 

Public  use  of  certain,  preserved   773 

.Markets  on   725 

Obstructions  on,  removal  of  *.  775,  777 

expenses,  when  paid  by  owner   77C 

merchandise,  when  seized  and  stored  777,  778 

advertisement  of....«  :   77!) 

sale  of. ..   779 

Loose  material,  regulations  for  taking  from  vessels   782 

Iron  and  metal,  regulations  for  unloading   783 

Anchors,  etc.,  not  to  be  dragged  over   783 

To  be  kept  clean  by  owners  784,  785 

Certain,  6et  apart  tor  regular  lines  786-788,  793 

North  river  canal  boats  and  barges,  provision  for  789-792 

additional  harbor  accommodation  for  804,  805 

Derricks,  erection  of,  on   790 

Harbor  masters,  duties  of,  in  reference  to  certain  leased   794 

penalty  for  resisting   795 

Certain,  set  apart  for  farm  and  garden  produce   707 

Deemed  to  extend  into  streets   771 

Copy  of  permit  for  erection  of,  furnished  commissioner  of  taxes   823 

PIER  AND  BULKHEAD  LINES: 

Establishment  of.  for  Spuyten  Duyvil  improvement   675 

A  nd  me  DOCKS.  DEPARTMENT  OF. 

PILOTS: 

Sandy  Hook. 

how  licensed   9097 

license  of,  revoked   2097 

give  bonds   2099 

fees  for  detention  2105,  2106 

services  of,  in  harbor  2107,  ^108 

carried  to  sea    2110 

one  first  offering  entitled  to  pilotage   2119 

to  report  certain  violations  to  pilot  commissioners   810 

rewards  for  .*   2112 

suspension  of   2113 

duty  of,  as  to  quarantine  2121,  2122 

entitled  to  take  out  vessel  brought  in  by   2100 

rates  of  pilotage  2101,  2102,  2104,  2107,  2108 

complaints  against  2114,  2115 

penalty  for  acting  without  license   2120 

fees  on  detention  2105,  2106 

Hell  Gate  2124,  2142 

portwardens  make  rules  for   2126 

to  be  appointed  by  governor   2125 

to  be  examined  by  portwardens   2125 

apprentices  to   2125 

first  offering  2131,  2133 

extra  allowances  to   2132 

PILOTS,  COMMISSIONERS  OF: 

now  elected   2093 

Term  of   2093 

Take  oath  of  office   2094 

Choose  secretary   2095 

Establish  office   2095 

Keep  book9   2096 

Suits  by    2123 

Vacancies  in   2093 

When  to  meet  •   2095 

Duty  of  secretary  of   2096 

Aid  pilots  with  accounts  ?   2118 


INDEX . 


Section 

PILOTS,  COMMISSIONERS  OF  {continued^, 

>Fuy  direct  where  scows  for  ashes  to  be  stationed   747 

When  examine  steamboats   746 

Power  of,  as  to  obstruction!  in  harbor  732,  786 

Keep  piers,  &c,  ch  ar  and  slips  dredged  784,  777 

Remove  fish  poles   736 

Notices  by   2123 

Keep  register  of  pilots   2096 

License  pilots   2097 

How  examine  applicant  for  license   2098 

Revoke  licenses   2097 

Suspend  licenses   8118 

Sue  pilots'  sureties   2099 

Regulate  pilot  bouts   2100 

Make  and  alter  regulations   2100 

Impose  fines   2100 

Require  accounts  for  pilots  v.   2100 

Collect  percentage  of  pilotage   2100 

Provide  rewards   2112 

(Irani  reheuring  to  pilots   2113 

Examine  complaints  against  pilots   2114 

(Jive  opportunity  to  be  heard   2 1 1  r* 

Summon  witnesses   2116 

Examine  under  oath   2116 

Decision  conclusive   2117 

Duties  of  in  reference  to  obstruction  on  p|en   777 

When  to  store  merchandise  on  piers  777,  778 

.      To  advertise  and  sell  such  merchandise   779 

To  cause-  piers  to  be  cleaned  and  repaired  7*4,  7*5 

PILOTAGE: 
I  lellgate, 

suits  lor  2128,  2134,  3142 

rates  of   2129 

half  :   2131 

disputes  as  to   2140 

in  case  of  detention   2132 

Sandy  Hook, 

rates  of  2101,  2108 

who  liable  for   2109 

coasting  vessels  exempt  from  :  4   2119 

PILOT  BOATS,  at  Hellgate,  who  interested  in  2128,  2138 

PIPES,  to  Governor's  Island.  United  States  to  lay   754 

PITCH,  quantity  of,  stored   456 

PLACE  OF  TRIAL: 

Of  removed  actions   1132 

Of  indictment  for  nuisance   1441 

PLACES  AND  SQUARES. 

Opening  of   973 

Limits  of  assessment  on   97S 

Deficiency  not  assessed  on  -   996 

PLACES  OF  AMUSEMENT : 

Firemen  detailed  to   454 

For  obscene  purposes,  suppression  of   285 

arrest  of  offenders   285 

And  nee  THEATRES. 

PLUMBERS,  registered  list  of  published  in  City  Record   68 

PLUMBING,  power  of  board  of  health  as  to   501 

POISONS: 

Regulations  concerning  sale  of,  by  retail   2021 

Laws  relative  to  not  to  apply  to  practitioners  of  medicine   2022 

Penalties  for  violating  law3  relating  to   2023 

when  recovered,  to  whr>m  paid   2024 


INDEX,  7>7 

Section. 

POLICE  DEPARTMENT 

Head  of,  of  whom  to  consist   37 

Govi'rninfiit  of,  to  be  prescribed  bj  board  of  police   250 

Persons  holding  office  under,  exempt  from  jury  mid  military  duly   275 

Publication  of  names  of  applicants  for  appointment  to  ofllce  in   268 

Personal  property  of,  may  lie  sold  when  not  required   256 

(Jrant  permission  for  parades   1940 

designate  streets  lor  ,   1940 

To  co-operate  with  tire  department   443 

Members  of,  cannot  be  bail   1489 

Salaries  of  persons  connected  with   274 

Abandoned  property,  and  property  supposed  to  have  been  feloniously 

obtained  288-293 

Board  of  police, 

president  of.  election  of  '.  /   264 

powers  and  duties  of   264 

when  to  act  as  superintendent   266 

to  be  on  board  of  health   41 

treasurer  of,  selection  of   264. 

to  give  bonds   264 

powers  and  duties  ■. .  264 

to  prescribe  rules  for  government  of  department   250 

to  enact  and  modify  rules  of  discipline  of  subordinates   250 

to  compel  attendance  of  witnesses   251 

who  may  administer  oaths  in  proceedings  before   251 

false  swearing  in  proceedings  under  rules  of,  perjury   251 

to  cause  ordinances  to  be  enforced   252 

to  furnish  information   252 

to  provide  house  for  detention  of  witnesses   253 

to  establish  station-houses,  etc   254 

to  maintain  lines  of  telegraph   255 

to  procure  steamboats,  etc   256 

to  establish  a  mounted  patrol   256 

to  procure  horses  and  vehicles   256 

to  cause  experienced  person  to  attend  police  courts   257 

to  provide  lodging  for  vagrant  and  indigent  persons   258 

to  offer  and  pay  rewards   259 

to  continue  bureau  of  elections   260 

to  appoint  chief  of  bureau  of  elections  4.  .  .260,  1845 

to  perform  duties  relating  to  elections  '.  .  .  .  260 

to  co-operate  with  board  of  health   261 

to  enforce  sanitary  rules   261 

to  pay  members  of  the  force  •   262 

to  furnish  stationery,  etc   262 

members  of,  to  hold  no  other  office   263 

officers  of,  their  election  and  duties   264 

to  assign  duties  to  police  surgeons   267 

may  appoint  special  patrolmen   269 

to  punish  niemlKTs  of  force,  on  conviction,  etc   272 

duties  of,  in  respect  to  inspection  of  steam  boilers  310-313 

to  fix  salaries  of  clerks,  etc   274 

may  permit  gifts  to  members  of  force   276 

to  keep  course,  etc..  for  regattas  of  association  of  amateur  oarsmen. 294,  295 

to  appoint  policemen  designated  by  telesrraph  companies   314 

qualifications,  uniform  and  pay  of  persons  so  appointed   314 

duty  of,  as  to  elections  260,  1846,  1847.  1849.  1850,  1873 

Bureau  of  elections, 

continued  in  office  of  department   260 

to  be  regulated  by  police  board   260 

And  m»  ELECTIONS. 

Captains  of,  number  of     265 

salaiy  of   287 

powers  of,  relative  to  pawnbrokers,  venders,  junk-shop  keepers, 
junk  boatmen,  cartnien.  dealers  in  second-hand  merchandise, 

intelligence  office  keepers  and  auctioneers   288 

may  administer  oaths   251 

may  examine  pawnbrokers'  books,  etc   284 

mayor  to  have  power  of   121 

duty  of.  as  to  copy  of  registry  of  voters   1865 


788 


INDEX. 


Section. 

POLICE  DBPABTEENT  (continued): 
Chief  of  bureau  of  elections, 

appointed  by  police  board  260,  1845 

salary  of   260 

removal  of   260 

Chief  clerk  of,  and  deputy, 

may  administer  oaths,  etc   251 

( 'ommissioncrs  of, 

number  of,  and  term  of  office   37 

salaries   53 

each  may  administer  oaths,  etc  :   251 

to  hold  DO  other  office   268 

to  elect  officers  of  police  hoard  from  their  number   264 

are  trustees  of  police  pension  fund   303 

expenses  of  successful,  in  proceedings  to  remove,  to  be  audited  and 

inserted  In  tax  levy.   196 

bonds  to  be  issued  to  pay  expenses  of  proceedings  for  removal   155 

assist  commissioner  of  jurors   1665. 

Doormen,  number  of   265 

salary  of   287 

False  personation  of  member  of  police  force   280 

Inspectors  of,  number  of   265 

salary  of   287 

may  administer  oaths  *   251 

Mounted  patrol   256 

Night  medical  service  297-302 

Pension  Fund, 

police  commissioners  to  be  trustees  of  : . . . .  303 

officers  of  board  of  trustees  of   303 

duties  of  trustees  of  *.   303 

to  be  paid  over  to  trustees   304 

of  what  to  consist   305 

pensions,  when  to  be  granted   306 

provision  for  retired  policemen  307,  308 

pensions,  when  to  cease   308 

pensions,  when  granted  for  disability  or  disease   309 

Police  force, 

of  whom  to  cousist   265 

qualifications  for  membership   268 

members  of,  to  receive  a  warrant  of  appointment  and  take  oath  of 

office   270 

promotions  m   271 

punishment  of  members  of   272 

members  of.  how  removable   272 

not  to  resign   273 

exemption  of  members  of,  from  military  and  jury  duty,  arrest  on 

civil  process  and  service  of  subprena   275 

not  to  receive  gifts  without  permission  of  board   276 

powers  of  members  of  277,  278.  282 

arrests  by.  duties  in  case  of   279 

violence  towards  members  of,  how  punished   280 

falselv  personating  member  of   280 

duties  of   282 

to  regulate  booths  at  polling  places   286 

salaries  of  members  of   287 

to  enter  places  of  amusement  ,.  2004,  2013 

Patrolmen,  number  of   265 

increase  of,  yearly  limited   265 

salary  of   287 

employment  of,  on  other  than  patrol  duty   256 

detailed  to  election  polls  ,   286 

Process,  criminal, 

by  whom  may  be  served   281 

Property  clerk  288-293 

Sanitary  company  '.   296 

Sergeants  of,  number  of   265 

salary  of   287 

may  administer  oaths   251 

Special  patrolmen,  when  may  be  appointed   269 

Steam  boiler  inspection  310-318 


INDEX.  789 

Section 

POLICE  DEPARTMENT  (continued): 

Superintendent  of.  , 

salary  of  52,  287 

may  administer  oaths,  etc   251 

vacancy  in  office  of   266 

powers  of  283,  284 

duty  of,  in  reference  to  gaming  houses   285 

to  detail  patrolmen  to  election  polls   286 

mayor  to  possess  powers  of   121 

Surgeons  of, 

number  of   265 

duties  of,  to  be  assigned  by  police  board   267 

to  aid  sanitary  inspectors   267 

salary  of   287 

POLICE  COURTS: 

Annual  appropriation  fur  expenses  of  194  (sub.  18) 

Experienced  person  to  attend  for  police  department   257 

salary  of  interpreters  of   1546 

.4<i<f  Me  POLICE  JL'STIC'ES. 

POLICE  JUSTICES: 

Appointment  of  1541,  1542 

Have  possession  of  court  houses   1561 

Expenses  of,  to  be  paid   1561 

Expenses  required  to  be  reasonable   1561 

Number  of   1541 

How  appointed   1541 

Certificate  of  appointment   1542 

Terms  of  office   1544 

Salaries  of   1548 

Vacancies,  how  rilled   1544 

Receive  no  fees  or  perqpisities   1545 

Devote  their  whole  time   1545 

Constitute  a  board   1.546 

Annual  appropriation  for  expenses  of  board   194 

Elect  president   1546 

Secretary  to  be  a  police  court  clerk   1546 

Assistant  clerks  to  obey  clerks   1546 

Board  of,  to  prepare  rules  1546,  1548 

Contents  of  rules   1547 

Assignments  of  justices  '.   1547 

Wbai  to  be  contained  in  books  and  records  •.   1547 

Publicity  of  records   1547 

Transfer  of  cases  to  another  justice   1547 

Record  to  show  causes  of  adjournments   1547 

Record  where  complaint  dismissed  *   1547 

To  report  annually   1550 

Number  of  report  of,  printed   1550 

Contents  of  report  of   1550 

Duties  of  clerks   1551 

Blanks  for  reports   1552 

Undue  publicity  of  proceedings  prevented   1552 

Clerks  pay  over  moneys  monthly,  with  sworn  return   1553 

Only  attorneys  to  practice  before   1556 

Complaints  against  attorneys  investigated  by   1556 

When  and  how  justices  or  clerks  removed   1557 

Catises  of  removal  T.   1557 

Procedure  for  removal  1558,  1559 

Rules  for  meetings  of  board  of   1546 

Board  appoint  police  court  clerks   1546 

Number  of  clerks   1546 

Term  of  clerks   1546 

Bonds  of  clerks   1546 

How  clerks  and  assistants  appointed   1546 

Interpreters  to  be  appointed  and  removed   1546 

Stenographers  and  attendants  appointed   1546 

Terms  of  assistants,  stenographers,  and  attendants   1546 

Notice  of  removal  and  opportunity  for  explanation  to  assistants   1546 

Salaries  of  clerks   1546 

Clerks  give  whole  time  to  duties   1546 

Appoint  clerk  and  deputy  of  special  sessions   1570 


790 


INDEX. 


Section. 

POLICE  JUSTICES  (continued): 

Board  of.  powers  of   1548 

to  appoint  clerk,  etc.,  of  special  sessions   1570 

Duties  of,  in  respect  to  health  laws  625,  629 

Majority  of  hoard  necessary  to  act   1549 

Where  courts  held   1554 

Police  to  attend  courts   1555 

False  swearing   1560 

Impose  fine  for  intoxication   1562 

( 'ominit  vagrants   1465 

When  may  take  hail   1487 

Forfeit  recognizances   1474 

Take  recognizance  for  disorderly  person   1460 

Commit  children  to  almshouse   1468 

Form  of  commitment  for  vagrancy  hy   1563 

Discharging  vagrants  in  violation  of  law   1565 

Hequire  complainant  in  assault  to  pay  fees   1566 

Amount  in  w  hich  may  take  recognizance   1567 

Examine  pawnbrokers'  books  and  property   1568 

When  act  as  coroners   1779 

POLICE  PENSION  FI  ND 

Sft  POLICE  DEPARTMENT, 

POLLING  PLACES:  patrolmen  detailed  to   286 

POOR:  - 

What  included  in  the*crm   210 

Appropriations  in  Bid  and  support  of,  from  excise  moneys   210 

Statistics  of   425 

Hoard  of  estimate  and  apportionment  to  provide  for   195 

Relief  of.  hy  health  hoard    553 

Support  of   195 

Adult  blind,  annual  appropriation  for   418 

how  distributed   418 

PORT.  CAPTAIN  OF: 

.svc  CAPTAIN  OF  PORT. 

PORT  OF  NEW  YORK,  limits  of  761,808 

PORT  WARDENS: 

Number  of   2085 

Three  to  he  nautical  men   2085 

How  appointed   2085 

Choose  president  and  vice-president   2085 

Terms  of  „  2085 

Removal  of   2085 

Suspension  of   2085 

Secretary  of   2086 

duties  of   2086 

Examine  damaged  goods  2087,  2088 

Survey  vessels   2087 

Value  and  measure  vessels   2087 

Certify  to  facts   2088 

Advertise  examinations  and  surveys  to  be  made   2088 

Attend  sales  of  damaged  goods  and  vessels  2088,  2089 

Auctioneer,  pay  fees  to,  on  damaged  goods   2089 

Fees  of   2089 

Powers  exclusive  _   2090 

Special,  at  quarantine   2091 

Special,  fees  of   2091 

Report  fees   2092 

To  examine  Hellgate  pilots   2125 

to  make  rules  for   2126 

investigate  complaints  against  2127,  2135 

Goods  damaged  at  sea,  sold  under  direction  of   1984 

To  attend  sales  of  condemned  vessels,  etc   1984 

POST  OFFICE: 

Ceded   1633 

Exempt  from  taxation  .'   826 

Branch,  service  of  legal  papers  through. .  .•   1081 


INDEX.  791 

PRE-EMPTIVE  RIGHT:  .  Section. 

Supreme  court,  order  sale  of   1119 

How  sale  of,  conducted  1120,  1 1 22 

PRESBYTERIAN  HOSPITAL,  exempt  from  taxation   824 

PRESIDENT,  boards  may  choose   46 

And  nee  ALDERMEN,  BOARD  OF,  Md  th-  HVttOl  DKl'A KT.M ENTS. 

PRINTING,  HOARD  OF  GO,  68 

PRINTING  FOB  CORPORATION: 

To  be  executed  by  contract   68. 

by  whom  made   68 

specifications  for   68 

When  to  be  done  without  contract  »   68 

PRINTING  HOUSE  SQUARE,  elevated  railways  forbidden  in   1944 

PRISON,  CITY,  transfer  of  those  committed  to   398 

PRISON  OFFICERS,  not  be  bail   1490 

PRISONS,  wardens  of,  to  pay  over  tines  with  sworn  returns   1553 

PRISONERS,  common  pleas  appoint  trustee-  for   1165 

PROCESS,  criminal,  service  of   281 

PROCESSIONS: 

In  streets  1939-1942 

on  Sunday   1941 

PROPERTY,  stolen  288,  289,  290,  291,  292,  293 

abandoned  or  feloniously  obtained  ,  288-293 

PROPERTY  OF  CORPORATION: 

Sinking  fund  commissioners  may  sell  or  lease    170 

how  sold  or  leased   170 

w  harves  and  piers  excepted   170 

certain  markets  excepted   170 

conditions  of  sale  or  lease  of  market  property   170 

When  sold,  to  be  at  public  auction   62 

public  notice  thereof  to  be  given   62 

proceeds  of  sale  paid  to  chamberlain   62 

account  of  sale  tiled  with  comptroller   62 

Proceeds  of  sale  or  leasing  faid  to  sinking  fund   170 

Conversion  of,  by  officers,  a  misdemeanor   57 

.Market  property,  condition  of  sale  or  lease  of   170 

exceptions     170 

PROPERTY  CLERK  OF  POLICE  DEPARTMENT  ,  288-293 

PROSTITUTES: 

When  vagrants   1464 

Committed  to  certain  institutions  on  their  own  application   1466 

When  guilty  of  disorderly  conduct   1458 

PROTECTORY,  CATHOLIC: 

Committal  of  children  to  •  1618  1624 

Discharge  of  children  committed  to  1623-1634 

Per  capita  allowance  to   194 

PROTESTANT  EPISCOPAL  HOUSE  OF  MERCY,  annual  appropriation 

to    194 

PUBLICATION : 

Of  legal  notices  and  judicial  proceedings   1093 

Of  summons  in  mariue  court   1247 

Of  proposals  for  contracts   64 

PUBLIC  EXHIBITIONS,  licenses  for   114 

And  <*<•  THEATRES. 

PUBLIC  A  DM1NISTRATOR . 

Chief  officer  of  bureau  in  law  department   216 

Oath  of  office  aud  bond   217 

Salary  of   52 

Commissions,  etc..  received  bj.  paid  into  treasury  216-218 

Statement  of,  to  be  printed  in  "  City  Record"   216 

rates  of   218 


792 


INDEX. 


Section. 

reflects  of  intestates, 

when  to  have  uuthorily  over  219,  221 

Order  Of  surrogate,  when  necessary   222 

SUbpOBna  to  discover   222 

proceedings  under  223,  224 

health  officer,  duty  of,  relative  to   225 

when  perishable  may  be  told   228 

sale  of,  when  pcrishahle   226 

when  worth  not  more  than  $100  to  give  notice   231 

proceedings  thereunder  -  281,  232 

expenses  in  securing,  etc,,  to  be  paid  from  . ...  229 

assets,  w  hen  to  he  delivered  to  execiitoi  or  administrator    2.',', 

authority  of  public  administrator  over,  when  to  he  superseded..  236 

Letters  of  administration,  w  hen  to  he  applied  for  hy   227 

when  to  he  granted  to  public  administrator   230 

when  granted  to  relative  228,  237 

effect  of   228 

Rights  and  powers  Of,  w  hen  entitled  to  administer   239 

Power  of,  before  issue  of  letters   233 

Foreign  consuls,  w  hen  notice  to  be  given  to   234 

Suits  by,  not  to  abate.   238 

Honeys  received  by,  how  deposited     240 

May  make  advances  to  relative.-,  of  deceased   241 

Annual  statement  of,  to  board  of  aldermen   242 

penalty  for  neglect  to  make   243 

Corporation  responsible  for  moneys  received  by   244 

To  deliver  effects,  etc.,  to  successor   245 

Reports  to,  by  hotel  keepers,  undertakers,  etc   246 

To  leave  copy  of  law  at  boarding-houses,  etc   247 

PUBLIC  BUILDINGS: 

See  BUILDINGS. 

PUBLIC  DOCUMENTS,  number  of.  to  be  printed   6* 

PUBLIC  INSTRUCTION 

See  SC  HOOLS. 

PUBLIC  PROPERTY: 

Disposed  of  only  by  sale  at  public  auction   62 

Lease  of.  to  denominational  institutions   61 

Sale  of,  to  denominational  institutions   61 

PUBLIC  WORKS.  COMMISSIONER  OF: 

See  PUBLIC  WORKS.  DEPARTMENT  OK. 

PUBLIC  WORKS.  DEPARTMENT  OF: 

General  powers  of  315,  316 

Head  of   38 

Bureaus  in   317 

Chief  officers  of  bureaus   317 

Powers  of,  in  reference  to  street  through  Washington  square   318 

Powers  of,  in  reference  to  certain  streets  above  Fifty-ninth  street  319,  320 

Duties  as  to  Reservoir  square   349 

To  direct  repaving  of  streets   321 

To  have  charge  of  relaying  removed  pavements  322,  323 

Meant  by  words,  "  street  department"   •  325 

To  have  charge  of  construction  of  sewers   326 

To  maintain  free  floating  baths   346 

Water  supply, 

duties  and  powers  of  department  as  to  procuring  and  distribut- 
ing 350-384 

And  nee.  WATER  SUPPLY. 

Commissioner  of  public  works, 

head  of  department  of  public  works   38 

term  of  office   38 

salary.   52 

member  of  board  for  lighting  streets   69 

to  have  care  of  street  lamps   69 

board  of  aldermen  may  require  certain  acts  by  86  (sub.  25) 

certify  expense  of  removal  of  reservoir   130 

may  appoint  a  deputy  commissioner   315 

powers  of  deputy   315 

duties  of,  in  reference  to  repaving  streets   321 

in  reference  to  relaying  pavements  removed   323 


INDEX.  793 

PUBLIC  WORKS,  DEPARTMENT  OF  (wniinxud); 
Commissioner  of  public  works, 

to  remove  obstruct  ions  from  streets,  sidewalks,  etc   324 

meant  by  words    'street  commissioner"   325 

to  lay  out  sewerage  districts,  etc   827 

maps  of  sewerage  districts   828 

to  contract  for  construction  of  sewers  329-332 

U>  certify  cost  of,  to  board  of  assessors   888 

Morningside  park,  duties  of,  in  re  spect  to  .streets,  etc.,  bounding.  .33-1-  ;(3* 

to  lay  out  street  from  Tenth  avenue  to  Avenue  St.  Nicholas   339 

to  grant  locations  for  apparatus  houses  for  tire  department   843 

county  court  house,  when  to  complete  work  on   844 

market  place  in  Ninth  Ward  to  be  prepared  for  occupancy  by   345 

urinals,  to  be  established  ami  maintained  by   847 

to  report  arrears  of  water  rates   921 

members  of  board  of  street  openings   955 

to  provide  accommodations  for  court  of  sessions   1518 

powers  of,  as  to  grades  1963,  1965 

PUMPS,  assessments  for   884 

PUNISHMENT  for  official  neglect  of  duty.   57 

For  bribery  of  city  officers,  etc   58 

For  officer  being  interested  in  contracts   59 

For  second  offense   1443 

For  buying  stolen  property   1453 

PUTNAM  COUNTY,  lakes  in,  use  of  water  of   380 

PUTRID  SUBSTANC  ES,  removal  of     541 


Q- 

QUEEN'S  C  OUNTY,  apportionment  of  debt  with   82 

QUORUM : 

Aldermen,  majority  of.  is   70 

Boards,  majority  of,  is   46 


JFL. 

RAFTS,  when  to  be  removed  by  dock  department   728 

RAGS: 

When  seized  and  sold   547 

•  Storage  of   462 

RAILROADS  IN  STREETS: 

•  Forbidden  in  parts  of  Broadw  ay,  Fifth  and  Fourth  avenues   1946 

Forbidden  in  parks   1946 

Elevated,  forbidden  in  certain  streets  and  places   1944 

When  mav  be  constructed  in  streets   1943 

Tracks,  sa"lt  on   1938 

processions  on  *   1939 

To  provide  and  use  hose-bridges   445 

REAL  ESTATE: 

By  whom  sold  under  judgment   1088 

•  Meaning  of  term  in  provisions  for  acquiring  land,  etc.,  for  water  sup- 
ply  879 

RE-ASSESSMENT,  when  authorized   905 

RECEIPTS  AND  EXPENDITURES  OF  CORPORATION,  comptroller  to 

publish  annual  statement  of  ,   126 

RECEIVER: 

Clerks,  deputies,  etc.,  forbidden  to  be,  without  consent   1079 

Auctioneer's  fees  not  divided  with   1696 


794 


[NDEX. 


Section. 

KBCEIVKK  OF  TAXES: 

Chief  officer,  bureau  collection  of  taxes   125 

General  powers  and  duties  (   835 

TaZM,  to  receive,  ]>ersonalIy   839 

Bond  of   835 

bond   838 

New  when  to  cease  to  be  a  lien  .'..».  835,  h:;7 

Olhce  of.  Where  to  be  kept   838 

when  open   838 

Suspension  of,  ami  causes  for   851 

Temporary  successor,  when  t<>  be  appointed  851,  852 

Assessment  rolls,  notice  respecting   841 

Return  at  Unpaid  taxes  made  to. clerk  of  arrears  annually   922 

Duties  of,  under  ael  creating  bureau  collection  of  personal  taxes   859 

Comptroller  to  adjust  accounts,  of   837 

Give  notice  win  n  taxes  payable   841 

Demand  taxes  of  incorporated  companies   848 

Hooks  to  be  kept  by  849.  850 

Statement  rendered -by   849 

To  pay  to  chamberlain   849 

When  may  issue  warrant  for  unpaid  taxes   853 

To  report  unpaid  taxes  ami  water  rents  *   922 

To  give  information  to  assessors   869 

Deputy  receiver  of  taxes, 

duty  of  839,  8.10 

bond  of   835 

w  hen  to  cease  to  be  a  lien  835,  837 

new  bond   838 

Deputy  receiver  of  taxes, 

suspension  of.  and  causes  for   851 

temporary  successor,  when  to  be  appointed  851,  852 

daily  statement  of  taxes  paid  rendered  to  comptroller   850 

RECEIVING  STOLEN  PROPERTY,  punishment  for   1453 

RECOGNIZANCES: 

When  and  how  judgments  on  vacated  1483-1485 

Conditions  of  ». .  1476 

To  appear,  w  here  tiled   1470 

For  good  behavior   1461 

where  filed   1472 

costs  on   1471 

To  leave  the  state  *   1460 

Judgment  on   1480 

Common  pleas,  jurisdiction  over   1480 

Fees  on   1481 

For  appearance,  by  whom  taken   1486 

For  disorderly  person   1460 

■where  fifed   1460 

how  sued   1460 

To  keep  the  peace   1469 

where  tiled   1472 

when  and  where  forfeited   1472 

cause  of  forfeiture   1472 

procedure  when  breach  of,  alleged   1474 

amount  of  fine  may  be  imposed  on  discharging   1473 

costs  on  taking  recognizance   1471 

fines  and  costs  paid  over   1473 

Witnesses  compelled  to  give   1591 

For  trial  at  special  sessions   1583 

Forfeiting  and  docketing   1480 

Forfeited,  judgments  on  discharged   1163 

Forfeited,  duty  of  district  attorney  as  to   1472 

No  costs  against  city  on   1482 

When  common  pleas  may  vacate  judgments  on   1163 

Judges  of  general  sessions  may  vacate   1484 

Costs  on   1471 

Amount  bf   1567 

RECORD  OF  COMMITMENT: 

For  vagrancy  to  be  filed   1563 

form  of   1563 


INDEX.  795 

Section. 

RECORD  OF  CONFIRMED  ASSESSMENTS   US 

RECORDS: 

Of  transact  ion  s  to  l>e  kept  by  department   51 

of  criminal  business  t<>  be  nude  and  preserred   98 

Public,  certain,  to  lie  deposited  with  clerk  of  board  of  aldermen  77.  78 

Of  BttperiQr  citj  court,  when  ordered  copied   1145 

RECORDER: 

Election  of   1519 

Vacancy,  how  filled   1619 

Salary  of   1520 

Term  of   1519 

No  compensation  beyond  salary   1520 

Chambers  for     1524 

Is  a  magistrate   1520 

May  hold  general  sessions   1520 

Member  of  board  of  revision  and  correction  of  assessments   8(57 

Commissioner  of  the  sinking  fund   170 

Member  of  board  of  revision  of  assessments   867 

Member  of  board  of  commissioners  of  sinking  fund   170 

Commit  vagrants   1465 

Take  recognizance  for  disorderly  person   1460 

Commit  children  to  almshouse   1463 

Allow  appeal  from  special  sessions   1593 

REDEMPTION: 

Of  land  sold  for  taxes,  etc.,  time  for  940-942,  947 

Interest  allowed  on   948 

A  nd  t*e  SALES. 

REFEREE: 

Clerks,  deputies,  etc..  forbidden  to  be,  without  consent   1079 

May  sell  real  estate   1088 

Auctioneer's  fees  not  divided  with   1996 

REFERENCE  in  Marine  Court   1244 

REFORMATION  OF  JUVENILE  DELINQUENTS,  SOCIETY  FOR, 

commitment  of  children  to  1594-1601 

REGATTAS: 

Of  association  of  amateur  oarsmen   294 

Police  keep  course  clear   295 

REGISTER,  DAILY,  newspaper,  authorized   109» 

REGISTER: 

When  chosen   1737 

Vacancy  in  office  of  %   1738 

Reside  in  city   1739 

Receive  conveyances,  wills  and  documents  on  deposit   1758 

how  withdrawn  1759-1761 

Keep  and  tile  account  of  fees   1762 

Office  hours. . .  *.   1741 

Transmit  to  secretary  of  State  account  of  fees   1763 

Assign  clerk  to  care  of  records   1742 

Appoint  deputy   1740 

Powers  of  deputy   1740 

Vacancy  filled  by  governor   1738 

Appoint  assistant  deputy  :   1740 

Time  within  which  searches  made  '.   1743 

Compensation  of  searchers  '. .  . .  1742 

Liable  for  errors  in  searches   1743 

Rights  and  powers  of   1744 

Fees  of  1757,  1765 

Make  indices  1747,  1751,  1752 

Deeds  to  l>e  recorded  by   1744 

To  note  in  deed  time  when  left  for  record   1750 

Chattel  mortgages  tiled  with   1753 

to  be  numbered  and  indexed   1756 

when  re  filed   1754 

copy  of  . . .  .•   1755 

Memorandum  of  incumbrances   1746 

Effect  of  failure  to  record  conveyances,  etc  1748,  1749 


7% 


INDEX. 


Section. 


REGISTERS  (onuinued) 

Transcripts  certified  l>y   1745 

SfOTtgagea  to  loan  COmmL<sioneri  to  be  deposited  with  und  indexed  by.  .  1764 
Hook  to  be  kept  by,  for  names  of  mortgagees  and  others  interested  in 

properly  sold  for  unpaid  taxes   839 

Affidavit  of  service  of  notice  to  redeem  filed  with   934 

REGISTER  OF  LICENSES,  chief  of  bureau   125 

REGISTRATION  OF  VOTERS,  annual  appropriation  for  expenses  of   194 

REGISTRY  OF  VOTERS,  printed  in  "City  Record"   67 

Ami  m  V.  LECTIONS.  • 

RELAYING  PAVEMENTS,  assessment  for     877 


.!-»/  ».  l'A VKMKNTS. 

RELIEF  FUND  OF  FIRE  DEPARTMENT: 

•v.  FIKK  DEPARTMENT. 

RELIGIOUS  AND  DENOMINATIONAL  SCHOOLS: 


Moneys  raised  by  taxation  not  to  lie  given  in  aid  of   61 

Public  property  for.  to  be  sold  at  auction   61 

Lease  of  public  property  to   61 

Not  to  participate  in  school  moneys   1002 

REMISSION  OF  TAXES   822 

Ami  TAXES. 

REMOVAL  OP  ACTIONS: 

From  superior  court  and  common  pleas  1132.  1133,  1136 

how  order  for  made   1183 

appeal  from  order  for   1134 

stay  in  order  to  apply  to  remove   1135 

To  superior  court  or  common  pleas   1137 

duty  of  clerk  on   1138 

effect  of  order  for   1139 

REMOVALS  FHOM  OFFICE 

Of  commissioners,  etc.,  how  effected   108 

Of  commissioners  of  street  cleaning   108 

Of  commissioners  of  excise   109 

Of  mayor   122 

Of  chiefs  of  bureaus,  etc   48 

Of  subordinates   48 

Of  members  of  police  force   272 

To  be  published  in  "  City  Record"   51 

REMOVAL  FROM  REAL  PROPERTY,  when  application  may  be  made  to 

mayor   120 

And  tu  SUMMARY  PROCEEDINGS. 

REPAIR  OF  BUILDINGS 

See  BUILDINGS. 

REPAIRS  AND  SUPPLIES,  bureau  of   317 

REPAY  KM  ENT  OF  STREETS: 

See  PAVEMENTS. 

REPLEVIN  IN  DISTRICT  COURTS  1331-1345 

REPORTS,  of  departments,  etc.,  to  be  published  in  "  City  Record"   80 

RESERVOIR,  expense  of  removal  of.,  130,  159 

assessment  for   896 

RESERVOIR  SQUARE,  to  be  used  only  as  a  park  685,  349 

RESERVOIRS: 

In  South  East,  roads  around  to  be  repaired  and  maintained   360 

Land  for,  where  and  how  taxed   361 

Construction  oL  to  prevent  waste  of  water  .•   380 

And  see  WATER  SUPPLY. 

REVENUE,  city,  bureau  for  collection  of   125 

REVENUE  BONDS: 

For  State  tax   153 

For  other  purposes  f  159,  160,  161 

And  see  BONDS. 

REVENUES,  not  otherwise  appropriated,  credited  to  general  fund   179 


INDEX. 


797 


Sect  ion. 


REVISION  AND  CORRECTION  OF  ASSESSMENTS 

Board  of   867 

powers  and  duties  of   867 

REWARDS,  may  be  oiTerecUand  paid  by  police  board   259 

BIGHT  OF  WAV 

Of  fire  tleparlment  in  streets,  etc   444 

penally  for  Interfering  with   444 

ROBINS'  REEF: 

Ceded  to  United  States   1633 

Exempt  from  taxes   826 

ROBBERY,  from  person,  deemed  grand  larceny   1446 

ROMAN  CATHOLIC  HOUSE  OF  GOOD  SHEPHERD,  annual  appropria- 
tion to   194 

ROMAN  CATHOLIC  ORPHAN  ASYLUM,  schools  of   1066 

ROOSEVELT  HOSPITAL,  exempt  from  taxation   824 

ROOSEVELT  STREET  FERRY,  rates  of  *   1976 

RULES  OF  SUPREME  COURT  apply  to  district  courts   1489 

RUNNERS  FOR  STEAMBOATS,  HOTELS,  etc.: 

Licenses  of   117 

Unlicensed,  how  punished   1451 

Not  wearing  badge,  how  punished   1452 

Not  allowed  on  vessels   2039 

For  emigrant  boarding-houses   2049 

Emigrant   2051 

RUPTURED  AND  CRIPPLED,  annual  appropriation  to  Society  for  Relief 

of   194 


SAILORS: 

Boarding-house  runners  to  be  licensed  2073,  2075 

when  to  board  vessels  2069,  2070 

badge  to  be  worn  by   2080 

badges  not  to  be  worn  by  those  not  licensed  2081,  2082 

Boarding-house  keepers  to  be  licensed   2072 

fees  for  license   2077 

not  ship  seaman  :   2071 

badges  furnished  to   2079 

commissioners  for  licensing  .*.   2074 

powers  and  duties  of  .1  2075-2078  . 

Hospital  tax  on   2084 

Wages  of,  district  courts  no  jurisdiction  of  actions  for.    1286 

SALARIES: 

Manner  of  drawing   123 

May  be  paid  on  pay-rolls   123 

When  tixed  by  board  of  apportionment   202 

When  fixed  by  common  council   97 

List  of,  to  be  published  ,   68 

In  mayor's  office  to  be  published   105 

When  ordinance  increasing,  void   96 

Changes  in,  to  be  published   68 

Of  mayor   52 

Of  comptroller   52 

Of  commissioner  of  public  w  orks   52 

Of  corporation  counsel   52 

Of  police  commissioners   52 

Of  president  of  department  of  parks   52 

Of  fire  commissioners   52 

Of  commissioners  of  charities  and  correction   52 

Of  corporation  attorney   52 

Of  public  administrator   52 


798 


INDEX. 


SALARIES  {continued). 

Of  attorney  for  collection  of  personal  taxes     52 

Of  attorney  for  fire  department   52 

Of  president  of  health  department   52 

Of  Commissioners  of  healih  department,  other  than  president   52 

Of  president  of  hoard  of  aldermen   52 

Of  memhers  of  hoard  of  aldermen,  other  than  president   52 

Of  president  of  department  of  taxes  and  assessments.   52 

Of  commissioner  of  street  cleaning   52 

Of  dock  Commissioners   52 

Of  commissioner  of  street  cleaning  <  52 

Of  commissioner  of  accounts   52 

Of  chief  engineer  of  docks,  limitation  of   52 

Of  superintendent  of  police,  limitation  of   52 

Of  subordinates,  not  to  exceed  salary  of  head  of  department   52 

Of  certain  oflicers  in  office  on  t  went}- eighth  May,  eighteen  hundred  and 

eighty   52 

Of  attendants  of  courts   1114 

of  stenographers   1114 

Superior  court  clerks  and  attendants   1177 

Common  Pleas  clerk   1171 

of  deputies  and  assistants  of  clerk  of,  and  attendants   1171 

In  chamberlain's  office  *  '.   165 

Of  justices  of  district  courts   1283 

Of  interpreters  of  police  courts   1546 

Of  interpreters  in  district  courts   1546 

Of  clerks  and  oflicers  of  marine  court   1275 

Of  coroners   1767 

Of  recorder   1520 

Of  surrogate   1181 

Of  district  attorney   1503 

Of  assistant  district  attorneys   1503 

Of  city  judge   1521 

Of  additional  city  judge   1523 

Of  clerk  and  deputy  clerk. of  oyer  and  terminer  t.   1513 

Of  clerks  of  general  sessions   1531 

Of  stenographer  of  general  sessions   1531 

Of  interpreter  of  general  sessions   1531 

Of  police  justices   1543 

Of  police  clerks   1546 

Of  county  clerk   1722 

Of  clerks  in  surrogate's  office   1727 

Of  clerks  in  county  clerk's  office   1733 

In  fire  department   442 

Of  members  of  police  force   287 

Of  superintendent  of  police  52,  287 

SALES: 

In  foreclosure,  fees  on   1088 

Of  pre-emptive  rights  ordered  by  court  1119-1122 

Of  personal  property  of  corporation,  ordinances  regulating   64 

Of  real  estate  under  judgments,  by  whom  made   1088 

Notice  of,  how  given   1087 

For  unpaid  personal  taxes   .853-856 

For  taxes,  assessments,  and  water  rates  t   926 

•  when  may  be  had   926 

how  advertised  926,  927 

contents  of  advertisement  of. .   926 

how  sold   926 

certificate  given  to  purchaser   926 

comptroller  may  suspend  or  postpone   928 

in  Westchester  county   930 

when  lands  taken  possession  of  by  city   935 

disposition  of  moneys  arising  froms   127 

SALT,  on  streets   1938 

SALTED  PROVISIONS,  packing,  sale,  and  removal  of  544,  546 

8ATPETRE,  on  streets    1938 

SAMARITAN  HOME  FOR  AGED,  property  of,  exempt  from  taxation   824 

SANDY  HOOK  PILOTS: 

Set  PILOTS. 


INDEX.  71*9 

Section. 

SANITARY  CODE,  to  be  published   575 

And  m  health.  DEPARTMENT 07. 

SANITARY  COM  PAN  Y  OF  POLICE   296 

SANITARY  INSPECTORS: 

HEALTH.  DEPARTMENT  OK. 

SANITARY  RULES,  to  be  enforced  l»y  police  board   261 

SANITARY  SUPERINTENDENT : 

8M  HEALTH.  DEPARTMENT  OF. 

SAPPERS  AND  MINERS,  Corps  of   447 

SCAVENGERS: 

Licenses  for,  issued  by  mayor  :   112 

duration  of,  and  causes  for  revoking,  fixed  by  mayor.. . .-   112 

Nigbt  soil,  removal  of,  by   112 

rules  and  regulations  concerning. .'   112 

Penalty  for  violating  laws  and  regulations  concerning   112 

Action  to  prohibit,  from  carrying  on  tlieir  business   1090 

SCHOOLS: 

Assistant  superintendents, 

number  and  appointment  of.,   1027 

•powers  and  duties   1027 

terms  of  office   1040. 

removal  of   1040 

salary  of   1040 

Board  of  education, 

creation  of   1022 

of  whom  constituted   1022 

general  powers  and  duties   1022 

to  appoint  trustees  of  common  sebools   1025 

officers  of ,  bow' cbosen  and  compensation   1027 

nnty  take  and  bold  property   1027 

incidental  and  otber  expenses   1027 

rules  of  order  and  by  laws  for  government  of   1027 

hall  of,  control  over.   1027 

powers  and  privileges  of  a  corporation  possessed  by   1027 

annual  report  of   1028 

penalty  for  not  making   1028 

clerk  of,  appointment  of   1026 

duties  of   1033 

oaths,  may  administer  '   1033 

when  discontinue  schools  •.   1027 

when  establish   1027 

duty  of,  to  apportion  school  moneys   1028 

rile  "copy  of  apportionment  with  chamberlain   1028 

provide  evening  schools   1028 

provide  colored  schools   1028 

provide  normal  school     1028 

appoint  teachers  for  normal  and  colored  schools   1028 

when  appointed  teachers  lor  evening  schools   1028 

furnish  supplies  for  schools   1028 

make  annual  report  •. . .  1028 

penalty  for  neglect    1028 

classify  schools,  studies  and  salaries   1028 

have  control  of  all  school  property   1029 

suits  in  name  ot  board.   1029 

t              approve  purchase  of  sites  and  repairs   1029 

make  appropriations  for  repairs  and  sites   1029 

when  declare  commissioner's  office  vacant   1029 

bills  paid  to  be  filed  with  :    1036 

plans  for  school  houses  approved  by   1037 

teacher  removed,  appeal  to   1038 

may  reinstate  removed  teacher   1038 

fix  salary  of  superintendent  and  assistants   1040 

when  remove  teachers   1042 

maintain  nautical  school   1068 

powers  of  as  to  sale  of  lauds   186 


800 


INDEX. 


Mention. 

SCHOOLS  {con/in  >W, 

College  of  the  Oity  of  New  York, 

formerly  the  free  academy   1055 

erected  into  a  college   1055 

a  body  corporate   1055 

powers  and  privilege*   1055 

trustees  of   1056 

powers  and  duties  of   1056 

laws  applicable  to  ,                 .  .  1057 

expenses  for  support  of   1059 

limitation  to   1059 

president  of,  one  of  trustees   1056 

Commissioners  <>(  common  schools, 

number  of. .   1025 

appointment  of   1025 

terms  of  office   1025 

general  powers  :md  duties   1031 

vacancies,  how  rilled   1025 

not  to  hold  other  offices   1022 

office  of,  when  lo  be  declared  vacant   1031 

to  serve  without  pay   1044 

expenses  allowed   1044 

costs  iu  suits  against   1048 

Corporate  schools, 

reports  from,  concerning  school  moneys   106b 

trustees,  of,  may  convey  sites  and  school-houses  to  corporation:    .  1067 

terms  of  conveyance   1067. 

Denominational. 

8m  relkhous  and  denominational  schools. 
Evening  schools, 

establishment  of   1028 

Expenses. 

certification  and  audit  of   1036 

examination  and  audit  by  inspectors   1034 

fitting  up  to  be  done  by  contract   1037 

Free  Academy  *   1037 

See  COLLEGE  OF  THE  CITY  OK  NEW  YORK 

Free  Academy  for  Females, 

may  be  organized   1027 

sites  and  buildings  for   1027 

Inspectors  of  common  schools, 

appointment  of   1024 

terms  of  office   1024 

vacancies,  how  filled   1024 

powers  and  duties  of   1034 

annual  report  of   1034 

to  serve  without  pay   1044 

expenses  allowed   1044 

must  be  residents  of  ward   1025 

when  certify  to  necessity  of  new  school   1027 

sign  licenses  to  teach   1040 

concur  in  revocation  of  license   1040 

audit  and  certify  expenses  /   1034 

examine  schools   1034 

to  approve  removal  of  janitors   103b 

Nautical  school, 

establishment  and  maintenance  of   1068 

purposes  of   1068 

powers  and  duties  of  the  board  of  education  concerning   1068 

executive  committee  for  care,  government  and  management  of   1070 

expenses  for  conducting   1071 

committee  of  council  from  Chamber  of  Commerce   1072 

duty  of   1072 

New  schools, 

establishment  of   1027 

appeals  to  State  superintendent  respecting   1027 

how  organized   1027 

buildings  for,  erection  of   1037 

Normal  schools. 

provided  for   1028 

by  whom  attended   1028 


INDEX. 


SO] 


Section. 

SCHOOLS  (nmtiiii'fii) 

Personal  property, 

not  required  for  vise,  disposition  of   1027 

held  by  trustees   1035 

Principals  mid  vice  principals, 

api>oinltnent  of   1027 

Public  School  Society, 

transfer  of  corporate  property  of,  to  city   1030 

trusts  and  estates  of.  vested  in  board  <>'  education   1030 

Repairs,  when  approved  by  board   1029 

Scholars,  classification  of   1028 

School  buildings, 

when  exempt  from  taxation   827 

when  school  discontinued   1027 

contracts  for  sites  and  repairs,  when  requiring  consent  of  board. . .  1037 
School  districts, 

city  divided  into   1023 

School  moneys. 

apportioned  by  the  State,  paid  to  chamberlain.    1028 

apportionment  of   1028 

copy  tiled  with  chamberlain   1028 

schools  entitled  to   1063 

account  of,  rendered  by  trustees   1035 

sectarian  schools,  no  part  to  be  apportioned  to   10(52 

reports  required  from  schools,  etc.,  participating  in   1004 

School  ofticers, 

place  of  residence   1049 

removing  from  place  of  residence  vacates  oflice   1049 

oath  of  office   1050 

effect  of  omission  to  take   1050 

charges  against   1027 

how  investigated   1027 

when  procure  schoobhouse   1037- 

when  erect  school-house   1037 

causes  for  removal   1027 

when  guilty  of  misdemeanor   1027 

witnesses  compelled  to  attend  investigations  into  conduct  of   1028 

penalty  for  neglect  of  duty   1046 

false  teports  :   1047 

misapplying  public  funds  1046,  1047 

contracts,  not  to  be  interested  in   1045 

School  property, 

title  to,  vested  incorporation   1027 

ctre  and  control  under  board   1027 

suits  respecting  brought  in  name  of  board   1029 

Schools, 

(  to  be  numbered   1052 

to  be  free   1051 

classification  of   1053 

discontinuance  of   1027 

examination  of,  by  board   1028 

by  commissioners.   1031 

by  inspectors   1034 

bv  superintendent   1040 

Bible  "in   1062 

ages  of  children  entitled  to  attend   1051 

Schools  for  colored  children, 

establishment  of  .-   1028 

Sectarian  schools,  not  entitled  to  school  moneys   1062 

Sites,  purchase  of,  approved  by  board   1029 

provisions  for  additional   1027 

Studies,  classification  of   1054 

Suits  and  actions, 

against  commissioners  or  trustees,  costs  in   1048 

as  to  property  in  name  of  board   1029 

Superintendent  of  school  buildings, 

appointment  of     1027 

duties,  powers  and  salary   1027 

oath  of  office   1041 

security  for  performance  of  duty   1041 

rules  and  regulations  concerning   1041 


802 


INDEX. 


Beet  ion 

SCHOOLS  [continued) 

Superintendent  of  BChooU, 

appointment  of   1027 

duties  nnd  powers   1027 

oath  of  office   1040 

term  of  office   1040 

removal  of   1040 

salary  of   1040 

subject  to  rules  and  regulations  of  state  superintendent   1039 

appeals  from   1040 

annual  report  of   1039 

reports  as  to  use  of  sectarian  hocks,  etc   1040 

of  schools  visited   1040 

to  trustees   1040 

of  licenses  to  teach  and  revocation-.   1040 

to  examine  teachers     1040 

to  sign  licenses  to  teach   1040 

to  recommend  removal  of  teachers   1042 

Supplies, 

regulations  for  furnishing   1028 

when  obtained  by  contract   1028 

Teachers, 

appointment  of  1028-1066 

examination  of   1040 

Ik-eases  to   1040 

rcvocal  of   1040 

appeal   1040 

re  examination  of   1040 

removal  of   1042 

appeal  to  the  board  of  educatiou   1038 

reinstatement  of   1038 

not  eligible  as  commissioner,  inspector  or  trustee   1045 

salaries,  classification  of   1028 

principal,  keen  record  of  scholars'  attendance,  etc   1031 

when  removed  by  trustees   1038 

appeal  to  State  superintendent   1040 

form  of  oath  of   1043 

for  normal,  evening  and  colored  schools   1028 

.   Title  of  school  property  to  be  in  city   1029 

Trustees  of  common  schools, 

appointment   1025 

terms  of  office   1025 

vacancies,  how  filled   1025 

reports  made  to  commissioners  sent  to  board   1031 

powers  and  duties  of   1035 

annual  report  of   1035 

office  of,  when  declared  vacant   1035 

meetings  of  *. . . .  1035 

to  serve  without  pay   1044 

to  nominate  principals  and  vice-principals   1027 

notice  to  be  given  to.  of  intention  to  discontinue  a  school   1027 

when  ueglecting  schools   1027 

consent  to  discontinuance  of  schools   1027 

application  of,  to  establish  new  schools   1027 

costs  in  suits  against   1048 

when  appoint  teachers   1035 

manage  schools   1035 

furnish  supplies  and  make  repairs   1035 

keep  accounts  of  moneys  and  property   1035 

keep  minute  books   1035 

hold  property   1035 

render  accounts  and  pay  over  balances   1035 

certify  to  expenses   1036 

•what  teachers  removed  by   1038 

remove  janitors   1038 

recommend  removal  of  teachers   1042 

Ward  schools, 

premises  and  property  in  keeping  of  trustees   1035 

conduct  and  management  of   1035 

supplies  for,  alterations,  repairs,  etc   1035 

books  of  accounts   1035 


INDEX . 


sir, 


SCHOOLS  {amtinvtd): 

Ward  schools, 

books  of  attendance   LOW 

when  taken  iii  charge  by  board   1027 

SCOW'S,  (Washes,  ele.,  to  lie  stationed  .•   747 

SEAL: 

Of  court  of  arliitration   1786 

Special  sessions   1586 

To  lie  used  by  common  pleas  acting  as  surrogate   1187 

SEALERS  AM)  INSPECTORS  OP  WEIGHTS  AND  MEASURES: 

Appointment  and  removal  of   106 

Ordinances  regulating  duties  ami  fees  of   87 

Districts  assigned  to   87 

SEAMEN: 

>.v  SAILORS 

BEARCHES: 

Fees  for  certain,  may  l>e  regulated  by  ordinance   86 

In  county  clerk's  olllce,  fees  for   1723 

time  tor  making.   1725 

liability  for  errors  in   1725 

lu  register's  office  ?   1765 

lime  for  making   1743 

liability  for  errors  in   1743 

SEARCH  WARRANT,  when  executed.     1497 

SEARCH  WARRANTS,  under  game  laws   1306 

SECOND  AVENUE,  elevated  railways  forbidden  in,  below  Twenty-third 

street   1944 

SECOND  HAND  DEALERS,  powers  of  police  over   288 

Licensing  of,  ami  security  by   89 

Penalty  for  violations  of  ordinances  by   89 

SECOND  OFFENSE,  punishment  for   1443 

SECRETARY,  boards  may  choose   46 

SECURITY : 

For  costs  in  marine  court   1235 

On  contracts   64 

On  appeal  by  board  of  health   1091 

SERVICE: 

Through  branch  post  office   1081 

Upon  corporations   1127 

Of  summons  on  city  1080,  1 105 

SEINES,  use  of  in  Hudson  river,  limited   737 

SENTENCE,  not  suspended  in  elecfiou  cases   1922 

SESSIONS,  GENERAL 

A  court  of  record  v   1537 

Places  for  holding,  to  be  assigned  by  common  council   91 

Power  to  order  accommodations   1519 

Procedure  in  .'   1 535 

Jurisdiction  of   1514 

Writ  of  error  from  1535,  1536 

May  make  and  enforce  rules   1537 

Fines  imposed  by,  how  remitted   1538 

Collection  and  disposition  'of  tines   1538 

Clerk  of,  may  issue  aubpeenas   1533 

May  extend  terms  .'   1517 

May  make  adjournments   1517 

Clerk  of.  to  file  record  of  convictions  with  bureau  of  elections   1871 

When  to  hold  terms   1517 

Three  branches  of,  to  be  held   1515 

In  assault  ami  battery,  may  order  complainant  to  pay  costs   1540 

By  whom  held   155 

Clerk  of  :   1531 

Deputy  clerks  of   1531 

Powers  of  deputy  clerk   1530 

Attendants  of  t   1534 

Attendants,  salaries  of   1534 


r 


804 


INDEX. 


Section. 

SESSIONS.  OENERAE  (ronl, „>„,!) 

Clerks,  etc..  not  to  receive  fees   1582 

Grand  jury  in   1589 

Clerk  of  mav  appoint  assistant   1531 

Salary  of  clerk  of   1681 

deputy  clerks   1531 

assistant  ;   1531 

Interpreter  of   1531 

Stenographer  of   1531 

Clerk  of,  to  reside  in  city  .'   1513 

Three  brunches  of   1517 

Rooms  to  be  provided  for   1518 

Mav  order  accommodations  provided   1518 

Judge  of,  may  vacate  judgments  on  forfeited  recognizances   1484 

Judge  of,  election  of   1028 

powers  of   1523 

is  a  magistrate  ,   1525 

term  of   1523 

salary  of  (   1523 

no  additional  compensation   1528 

mav  hold  general  sessions  ,.  1528 

have  office   1524 

hie  jurisdiction  of  summary  proceedings   1524 

when  and  how  vacate  judgments  on  recognizances  1484,  1485 

allow  appeal  from  special  sessions   1593 

SESSIONS.  SPECIAL: 

Places  for  holding,  to  he  assigned  by  c  ommon  council  91,1506 

Powers  anddutiesof   1569 

When  proceed  to  trial   1576 

Procedure  on  trial  1577,  1578 

Appeal  from   1593 

When  may  try  for  misdemeanors     1569 

May  issue  subpoenas   1569 

Compel  attendance   1569 

By  whom  subpoenas  served   1569 

W  hen  witnesses  paid   1585 

How  fines  remitted   1569 

Intoxication,  punishment  for   1562 

Disorderly  conduct,  punishment  of   1562 

Fines  collected  by  clerk  before  committal   1580 

Imprisonment  substituted  for  tines   1509 

Misdemeanors,  punishment  for   1569 

Transcript  of  convictions  in   1582 

Clerk  of,  to  transmit  transcripts  of  convictions   1592 

Clerk  file  record  of  convictions  with  bureau  of  elections   1871 

Fines  received  by  sheriff   1581 

Sheriff  to  execute  sentence  of   1575 

Held  by  three  justices   1572 

Appointment  of  clerk,  deputy,  stenographer,  and  attendants   1570 

Seal  of   1586 

Process  from,  sealed  and  signed  by  clerk   1586 

Recognizance  for  appearance  for  trial  before,  how  forfeited  and  prose- 
cuted  1587 

To  forfeit  recognizances  to  keep  the  peace  1472,  1475,  1477 

all  recognizances   1587 

Taking  and  discharging  recognizances  in   1588 

Recognizances  filed  in   1472 

Take  additional   recognizance  :   1478 

May  bind  over  witnesses   1591 

Clerk  to  give  bonds   1573 

Clerk  and  depuiy  of   1574 

Duties  of  clerk  and  deputy   1579 

to  enter   convictions  and   sentences   1579 

administer  oaths   1574 

sign  subpoenas   1579 

deliver  sheriff  transcript  of  conviction  and  sentence   1575 

copies  of  transcripts  evidence   1582 

bonds  of   1573 

salaries  of   1573 

terms  of  office  of   1571 

report  fines  •.   1580 


INDEX.  805 

Section. 

SESSIONS.  SPECIAL  (umtinutd), 

Proceedings  on  election  of  d  ial  nt   1088 

Recognizances  of  witnesses,  how  enforced,  forfeited,  etc   1591 

Recognizance  to  appear  at,  proceedings  on  lireacli  of   1588 

Recognizance,  in  what  Mini   1680 

SEVENTH  REGIMENT  ARMORY,  annual  payment  by  city  in  lieu  (.f  rental  194 
.  SEWERS: 

Construction  of  certain,  and  assessment*  for  872,  878 

Construction  of.  undercharge  of  department  of  public  works  826-338 

Plans  of,  hy  commissioner  of   public  works   827 

SEWERS,  DRAINS  AND  VAULTS: 

Enid  by  common  council   877 

expenses,  etc   877 

Cleaning  of,  and  expenses   877 

SEWERAGE  AM)  DRAINAGE: 

Plan  of,  when  made,  to  be  permanent   828 

Plan  of,  to  be  made  and  filed  327.  828 

work  under,  how  to  be  done  .   329 

Assessment  bonds  issued   144 

SEWERAGE  DISTRICTS,  maps  and  location  of  327,  881 

6IIAVINGS,  how  stored  '   452 

SHEDS  on  piers  772-774 

SHEPHERD'S  FOLD: 

Children  transferred  to.  by  charities  and  correction   417 

Children  committed  to.  .  ."   1626 

Provisions  as  to  sharing  in  excise  moneys   210 

Annual  payment  to   194 

SHERIFF: 

Bond  of   1714 

Have  custody  of  civil  prisoners   1715 

Orders  of  arrest,  attachments,  executions,  etc.,  issued  to   1717 

When  office  to  be  open   1716 

When  special  election  for   1720 

Duties  of,  relative  to  theatres  2004,  2013 

Not  to  be  paid  where  less  than  majority  of  grand  jurors  served   1650 

Fees  of,  on  sales  of  real  estate.   1088 

To  prepare  criminal  statistics   1718 

Wairant  of  receiver  of  taxes  to   853 

Notice  by,  of  sales  of  properly  for  taxes   855 

Surplus  of  sales  •.   855 

May  sell  real  estate   1088 

Duty  of,  on  arrest  in  marine  court  1258,  1254,  1258 

Duties  of,  under  warrant  to  collect  certain  assessments   891 

Give  notice  of  election   1931 

To  receive  transcript  of  conviction  in  special  sessions   1575 

Fines  imposed  by  special  sessions  received  by   1581 

Attend  drawing  of  jurors   1672 

Receive  minutes  of  drawing  from  county  clerk   1679 

Notify  jurors  drawn   1679 

how  notice  served  '.   1679 

Obey  order  of  board  for  enforcement  of  jury  fines   1688 

Collect  jury  fines   1689 

SHERIFF  S  JURY: 

How  selected   1685 

How  diawn   1685 

May  be  divided  into  panels   1685 

SHIPS  AND  VESSELS,  ordinances  in  reference  to.  mav  be  enacted  8»(sub.  35) 

And  -v  HARBOR;  DOCKS,  DEPARTMENT  OF:  VESSELS. 

SHORE  INSPECTOR,  annual  appropriation  for  salary  and  expenses  of   194 


800 


INDEX. 


Section. 

SINKING  FUND: 

Hoard  of  commissioners  of ,  w  ho  to  compose   170 

powers  and  duties  of   170 

[ease  of  city  property  liy   170 

may  cede  to  t lie  United  Stales  lands  for  Harlem  river  improve- 
ment „   188 

to  perforin  certain  duties  in  regard  to  docks  and  piers   184 

may  convey  lo  the  I'nited  Slates  land  adjoining  post  office  site   185 

to  convey  land  for  Spiiytcn  Duyvill  improvement   894 

may  exempt  bonds  and  slocks  from  taxation   137 

to  call  in  and  redeem  bonded  debt   176 

proceedings  thereon   176 

assessments  to  be  paid  over  to   178 

"dock  bonds"  issued  by  direction  of   14:} 

may  lease  wharf  pro|>crty,  etc   180 

to  authori/.e  all  leases  of  real  estate  by  corporation   181 

to  renew  lease  of  Castle  (warden   182 

sell  land  reserved  for  schools   186 

lease  to  Mt.  Sinai  Hospital   187 

lease  to  German  Hospital   188 

Revenues  of,  not  to  be  diminished   179 

For  redemption  of  city  debt   171 

excess  of,  may  be  used  to  pay  other  bonds   171 

moneys  received  from  assessments,  transferred  to   173 

funds  and  revenues  lo  be  accumulated  and  applied  to   174 

accumulations  and  revenues  of>  not  to  be  impaired   175 

bonds  and  stocks  to  be  paid  from   177 

For  payment  of  interest   172 

surplus  of.  transferred  to  sinking  fund  for  redemption  of  debt   172 

SKINS,  powers  of  health  board  over   547 

SLIPS: 

City  may  enlarge   722 

pay  part  of  expense  for  buildings  on   722 

when  receive  slipage  and  half  of  wharfage   722 

Department  of  docks  may  direct  deepening  oi   721 

expense  of,  assessed   882 

Pilot  commissioners  keep  dredged   784 

Matters  not  to  be  thrown  into   780 

Dredged  from  mud,  etc   748 

Paflrt  of  expense  of  filling  paid  by  corporation   878 

Designated  for  steamboats  716,  772,  793 

Designated  for  certain  vessels  78<5,  789 

Dry  docks,  use  of,  by  certain,  permitted   811 

Ashes  not  to  be  cast  into   780 

penalty  for  violation   780 

Dirt,  night  soil,  etc.,  penalty  for  throwing  into   781 

Aiul-ee  DOCKS,  DEPARTMENT  OF  ;  PIERS  :  HARBOR. 

SMALL-POX,  prevention  of  spread  of  553,  554 

SONG  BIRDS,  not  to  be  killed   2025 

SOUTHERN   BOULEVARD,   regulating    weight  of  loads,   etc,  carried 

over  . .  .1934,  1935 

SPECIAL  PROCEEDINGS: 

Jurisdiction  of  superior  court  and  common  pleas  1126-1130 

of  justices  of,  over   1131 

May  be  continued  before  other  judges   1076 

SPUYTEN  DUYVILL  CREEK: 

Survey  of,  by  dock  department   713 

Bulkhead  line  on,  alteration  of  ,   730 

Bridges  over,  construction  of,  by  department  of  docks   676 

SPUYTEN  DUYVILL  IMPROVEMENT: 

Assessment  district  for   886 

Duty  of  commissioners   887 

file  abstract  of  assessment   887 

give  notice  of  report   887 

Objections  to  report  -  887,  888 

Confirmation  of  report   889 


INDEX.  807 

Section. 

SPTJYTEN  DUYVILL  IMPROVEMENT  Continued): 
Assessments . 

to  lie  paid  to  comptroller   890 

to  bear  Interest   890 

warrant  to  collect   890 

duties  of  sheriff  under   891 

Comptroller  to  pay  awards   892 

When  court  may  authorize  land  for,  conveyed   893 

Commissioners  of  sinking  fund  to  convey  laud  for   894 

Defective  titles  cured   892 

Win  n  lauds  acquired  for,  by  department  of  parks   678 

Maps,  etc.,  for,  prepared  by  department  of  docks   675 

Lands  for,  exempt  from  taxes   826 

SQUARES  AND  PLACES: 

Opening  of  '  ,  973 

Limits  of  assessment  on   973 

Deliciency  not  assessed  on   996 

SQUARE.  MANHATTAN,  annexed  to  Central  park  682,'  694 

STAGES: 

Routes  for,  may  be  established  by  board  of  aldermen   88 

Running  of,  may  be  regulated  by  ordinance  86  (sub.  39) 

Not  run  without  license   1952 

Routes  of,  to  lie  approved  by  mayor  and  common  council.. .-  1947,  1948 

how  changed  thereafter   1950 

License  fees  to  be  paid  by   1951 

How  authority  terminated   1950 

Grants  to  run  stages  to  be  sold  at  public  auction   1949 

Consent  of  property  owners  necessary  to   1947 

STATE  OFFICES,  city  officers  not  to  hold   66 

STATE  SUPERINTENDENT  OF  SCHOOLS,  appeal  to   1027 

STATE  TAXES: 

Issue  of  revenue  bonds  to  pay  quota  of   153 

Chamberlain's  compensation  for  paying   165 

To  be  reported  monthly  to  State  comptroller   166 

Warrants  drawn  on  chamberlain  for   166 

STATIONERY: 

Board  of   68 

To  be  furnished  by  contract   68 

by  whom  made   68 

specifications   68 

When  to  be  furnished  without  contract   68 

STATION  HOUSES,  may  be  established  and  furnished  by  police  board   254 

STATISTICS: 

Criminal,  prepared   99 

Of  poor   419 

STAY  X)F  PROCEEDINGS,  to  obtain  order  of  removal  of  cause   1135 

STEAMBOATS: 

Excursions,  passengers  on,  to  be  registered   762 

penalty  for  trespassing  by   763 

Speed  of.  in  East  river   757 

In  East  River,  course  of   757 

Wharves  designated  for   716 

Wharves  leased  for   793 

sheds  on   772 

•  Not  throw  cinders  or  ashes  into  harbor   746 

Not  to  have  pipes  to  discharge  ashes,  etc   746 

Landing  emigrants,  to  be  licensed   2046 

penalties  if  not  licensed   2047 

For  use  of  police  department   256 

■    Navigation  of,  in  fogs,  regulated  758,759 

Certain  piers,  use  of,  reserved  to  regular  line?  of  I  793.  796 


t 


■*!>■> 


INDKX 


Section. 

BTEAM  BOILERS: 

Record  of  Inspection  of   312 

Insecure  and  dangerous,  how  made  secure    312 

owners  of  to  report  to  police  board  810,  318 

inspection  of,  and  tests   810 

Certificate  respecting  „   810 

when  exempted  from  further  inspection  and  penalties   310 

Engineer's  certificate  of  qualification   312 

Penalties  for  violations  31^  313 

suits  for,  l>y  whom  brought   811 

Companies  making  inspection  of,  to  report  monthly   311 

ST.  AMBROSE  CHURCH,  Friendly  Sociel]  of,  exempt  from  taxation   824 

ST.  JOHN'S  COLLEGE: 

Exempt  from  taxation   825 

Streets  not  to  he  opened  through  grounds  of   1007 

ST.  LUKE'S  HOSPITAL,  exempt  from  taxation   824 

ST.  NICHOLAS  AVENUE,  steam  railway  in. 'forbidden  : . . .  194.*i 

STKNOORAPA  KRS: 

Justices  of  Supreme  COUrt  may  appoint...  1114,  1110 

duties  and  fees  of  1114 

Of  superior  court  1149,  1150 

Of  common  pleas  '  1 149,  1150 

Of  marine  court,  salaries  of   1275 

fees  of   1278 

how  appointed. . . .  :   1227 

w  hen  suspended   1232 

Of  district  courts  1434,  1439 

Of  general  sessions   1531 

Of  special  sessions   1570 

Of  police  courts   1546 

Of  surrogate's  court  ;   1193 

minutes  taken  by   1194 

STOCK: 

"City  improvement,"  for  what  purpose  issued   139 

For  parks,  etc.,  in  Fourth  avenue,  may  la?  issued   140 

"Additional  Croton  water,"  when  issued,  terms  of   141 

On  account  of  streets,  etc.,  in  Twenty-third  and  Twenty-fourth  Wards. .  140 

STOCK  A XI)  PONDS: 

Board  of  apportionment  may  issue,  for  certain  purposes   204 

Commissioners  of  sinking  fund  may  sell  and  buy   153 

New,  may  be  issued  to  take  up  maturing   204 

When  exempt  from  taxation   137 

A  ml  See  CONSOLIDATED  STOCK  and  BONDS. 

STOLEN  PROPERTY,  punishment  for  buying  or  receiving   1453 

Disposition  of  288,  289,  290,  291,  292,  293 

STREETS.  AVENUES,  SQUARES  AND  PUBLIC  PLACES: 

Ashes,  garbage,  etc.,  unlawful  to  throw  in   1936 

penalty  for  violating  law  relating  to   1936 

Assessments  for, 

when  deemed  to  Ik-  fully  confirmed   915 

when  conclusive   994 

paid  by  wroni;  parties,  how  recoved   995 

house  and  lots,  how  described  in  •. .  869 

limitation  to,  on  lands  and  tenements   980 

changes  in,  when  not  to  be  made   985 

board  of  revision  and  correction  of  .-   867 

list  of,  revision  and  correction  of . :   867 

confirmation  of,  limit  of  time  for   867 

against  the  corporation,  to  be  in  gross  and  not  on  property  affected.  980 

fraud  in,  remedy  for   898 

fraud,  when  established,  to  vacate   880 

certain  irregularities  riot  to  vacate   899 

vacated  or  modified,  how  899,  900 

orders  vacating  :   900 

when  to  become  a  lien  915,  995 

lien  on  real  estate  until  paid   915 

deficiencies  in  collecting  arrears  of.  how  met   150 

list  of  confirmed,  kept  in  comptroller's  office   885 


INDEX. 


Section. 

STREETS,  AVKNl  B8,  BQjUARES  AND  PUBLIC  PLACES  [eonUmud] 
Assessments  for, 

statement  of  unpaid,  sent  to  clerk  of  arrears   922 

interest  obarged  on  unpaid   W8 

district  of  extent  of  970,  978 

reassessments,  when  made   905 

expenses  of   905 

expenses*  disbursements  and  charges  of,  * 

assessed  upon  property  benefited   994 

limit  of  1002,  1006 

paid  by  corporation  from,  assessment   99B 

assessment  of.  not  to  be  made  after  confirmation  of  report   996 

taxation  of,  by  court   1000 

notice  of,  to  be  published  1000,  1001 

copy  of,  where  riled   1000 

whal  to  la  allowed  and  charged  as*   1000 

unpaid. 

levy  by  distress  ami  sale  for   995 

action  of  debt  or  assumpsit  for   995 

Banners,  etc.,  in,  to  be  regulated  by  ordinance  86,  (sub.  10) 

Benefits,  district  for  assessment  of  973.  970 

to  lands  taken   970 

to  lauds  not  taken   970 

when  exceeding  damages   970 

to  corporation   980 

limit  to  amount  of  assessments  for  '.   980 

Board  of  street  openings,  etc.. 

of  what  officers  composed   955 

powers  and  dulies  and  jurisdiction  of   955 

Bounding  Morningside  park,  completion  and  care  of  334,  338 

Buildings, 

uuremoved.  when  to  remain   1004 

compensation  for.  when  not  to  be  allowed   977 

when  to  be  allowed  „   977 

estimated  value  of,  when  part  may  be  assessed  on  corporations. . . .  977 

when  paid  for,  when  not  required  in  opening  streets,  etc   978 

Cleaning,  street 

department  of  f   34 

commissioner  of  ■   45 

appointment  of   107 

term  of   45 

salary  of  -   52 

removal  of   108 

comptroller  approve  sureties  on  contracts  of   131 

board  of  apportionment  approve  contracts   209 

powers  and  duties  of  704,  705,  706,  708,  709,  710 

monthly  statement  of  employees,  etc   704 

to  have  exclusive  power  relative  to   704 

ashes,  garbage,  etc.,  removal  of   704 

docks,  etc.,  to  be  set  aside  for  purposes  of  706,  728 

ashes,  garbage,  street  manure,  etc.,  maybe  sold   709 

may  be  cremated   710 

officers  and  employees  uniformed   707 

Closing  of, 

general  powers  of  board  of  street  operyngs  as  to   1009 

commissioners  of  estimate  to  be  appointed   1010 

Commissioners  to  estimate  damage  and  benefit   1010 

contents  of  report   1010 

continuation  of  report   1010 

effect  of  confirmation  »   1010 

notice  to  present  objections  to  report   1011 

when  awards  to  be  paid   1013 

awards  to  infants,  etc   1013 

vacancies  in  commissioners  filled   1014 

majority  may  act  1014,  1015 

compensation  of  commissioners   1016 

how  property  described  in  report  ;   1017 

notice  of  assessment  j   1017 

proceedings  to  open  and  close,  united   1018 

duty  of  commissioners  in  such  cases   1019 

adjustments  of  damages  and  benefits   1020 

effect  of  closing,  upon  leases,  etc   1021 


310 


IM>EX. 


obci  ion 

STREETS,  AVENUES,  SQUARES  and  PUBLIC  l'LA(  Es  {pontinwxQ 
Commissioners  of  estimate  and  assessment, 

appointment  of  964,  P60 

oath  of  office   '  968 

general  duties  of   939 

vacancies  in  office  of,  how  filled   960 

majority  of,  may  act   967 

annual  appropriation  for  expenses  of   194 

oaths,  may  administer   UH)~t 

proceeding-,  commenced  by,  when  to  he  completed   974 

report  of, 

what  10  contain*  975,  970,  980,  990 

notice  of  time  and  place  of  making,  to  he  advertised   984 

copy  of,  deposited   g$4 

Objections  to,  how  made   9H4 

consideration*  of   984 

Corrections  in,  when  to  he  made   988 

Changes  in,  w  hen  not  lo  be  made   985 

supplemental  notice  of   987 

presentation  of.  to  court  and  proceedings  thereon   990 

confirmation  of,  final  and  conclusive   990 

(  onscnl-of  common  council  necessary  to  opening  new   94 

Encroachments  upon,  to  he  regulated  by  ordinance   86 

Estimates  and  assessments. 

abstract  of,  where  deposited    984 

what  to  contain   984 

notice  calling  attention  to   984 

Objections  to,  may  be  made  in  writing   984 

when  to  he  heard   984 

witnesses,  attendance  of   987 

correction  of,  when  made   988 

interest  on,  when  not  allowed  •   999 

completion  of,  notice  given  to  owners   871 

damages  to  lands  and  tenements  taken   970 

when  exceeding  benefit  .•   976 

w  hen  equal  to  benefit   976 

paid  from  assessments   996 

award  for,  when  paid   993 

suit  for.  when  commenced   992 

paid  into  court,  when   993 

w  rong  party,  when  paid  to,  how  recovered   993 

to  corporation   980 

Fast  driving  in   1932 

Fifty-ninth  street,  above,  powers  of  department  of  public  works  over. .  319 

Fires  in,  kiudliug  of,  prohibited   452 

Grades  of, 

notice  of  change  in,  to  be  given   1962 

w  ritten  consent  of  property  ow  ners  necessary  to   1962 

expenses  of,  estimate  to  be  made   873 

assessment  of  loss  and  damage   875 

awards,  how  paid   875 

exclusive  pow  er  in  park  department  in  certain  district  to  alter,  etc. 670,  671 

proceedings  thereunder   672 

once  made,  when  to  be  changed   1964 

fixing  and  alteration  of,  by  commissioner  of  public  works   342 

Intoxication,  etc.,  in,  to  be  regulated  by  ordinance   86 

In  Twenty-third  and  Twenty-fourth  wards,  stock  issued  on  account  of.  140 
Lands,  tenements,  etc.,  required  for, 

how  secured   964 

fee  to,  when  corporation  entitled  to   990 

possession  of,  when  corporation  may  take   990 

corporation  may  agree  with  owners  of,  for  sale  of   979 

Lay  out,  make,  widen,  alter,  and  keep  in  repair, 

authority  of  common  council  relative  to   94 

authority  of  park  department  relative  to  669-681 

Lighting,  board  to  contract  for   69 

time  limited   69 

Nails,  glass,  etc.,  unlawful  to  throw  in   1937 

Numbering  houses  in,  naming,  etc..  to  be  regulated  by  ordinance   86 

Obstructions  on,  removal  of  '.   324 


[NDKX.  I  1 


Section 

8TKEKTS.  AVENUES.  SCJL'AHBS  AND  I'l  BLII   PLA.OJSS (continued)'. 
Opening  of, 

board  of,  powers  ami  duties  i  !',  etc   951 

legal  proceedings,  etc.,  to  he  conducled  b\  corporuiion  counsel   215 

duti<'s  and  powers  of  board  of   955 

may  lay  out  streets   955 

tile  maps   955 

quorum  of   955 

powers  of  depart  incut  of  public  works  as  to     956 

powers  of  department  of  parks  as  to   956 

city  may  order  :   963 

property  appropriated  for   96S 

proceedings  for  begun   964 

petition  to  supreme  court  „   964 

commissioners  of  estimate  and  assessment  appointed  964,  965 

how  appointed   965 

notice  of  application  for   965 

effect  of  death  or  resignation   906 

vacancy,  how  tilled   966 

two  can  act   967 

to  lake  oath   968 

to  view  property   969 

to  estimate  damage  and  benefits   97<> 

limits  of  assessment   970 

owners  of  property  may  convey  to  city  971,  972 

commissioners  must  complete  their  proceedings  in  four  months.  .  . .  974 

to  report  damage  and  benefit  separately   975 

when  allowance  made  for  buildings   977 

may  assess  on  city  part  of  cost  of  buildings  ,   977 

commission  to  obtain  plans  of  grades   978 

may  award  damages  for  injury  to  buildings  by  change  of  grade.  .  .  .  978 

city  may  agree  with  owners  as  to  damage  and  benefit   979 

land  of  city  may  be  taken   980 

benefits  assessed  against  city  .>   980 

not  to  assess  any  house  or  lot  above  one  half  its  value   981 

how  leases  or  contracts  affected   982 

surveys  and  maps  to  be  furnished  commissioners  by  departments.  .  983 

diagrams  to  be  prepared   983 

lots  of  unknown  owners   983 

abstract  of  estimate  and  assessment  to  lie  deposited   984 

affidavits  to  be  deposited   984 

notice  of  intention  to  present  report   984 

how  and  when  report  amended   985 

objections  to  estimate  and  assessment   986 

notice  of  hearing  objections   986 

witnesses  compelled  to  testify  on  hearing  objections   987 

report  to  be  presented   988 

contents  of  report   989 

application  to  confirm  report   990 

effect  of  report  when  confirmed   990 

what  title  acquired  by  city   990 

when  copies  of  report  tiled   991 

when  awards  to  be  paid   992 

how  payment  enforced   992 

awards  to  infants,  etc. ,  how  paid   993 

awards  paid  to  wrong  party  recovered   993 

moneys  expended  by  city  for  cessions,  awards  or  expenses  to  be 

assessed  994,  1001 

deficiency  assessed  by  assessors   994 

assessments  to  be  a  lien   995 

how  assessments  enforced   995 

effect  upon  landlord  and  tenant   995 

adjustment  of  interest  between  damages  and  benefits   996 

bonds  for  assessments  north  of  155th  street  *   145 

costs  to  be  taxed   1000 

rules  for  taxation   1000 

limit  of  commissioners'  fees   1000 

bill  of  costs  tiled   1001 

notice  of  taxation   1001 

when  board  of  street  openings  may  discontinue  proceedings   1003 

when  city  may  discontinue  :   1003 


812 


INDEX. 


Si  i  lion 

STREETS,  AVENUES,  HQ  I  A  REM  AND  PURER  PLACES  {fiOnUnutt\ 
Opening  of, 

buildings  permitted  t<>  remain   1004 

commiarionera  may  administer  oaths   1004 

how  notices  published  _  1005 

streets  noi  to  In-  opened  tltrougli  land  of  SI.  John's  College   1007 

opening  certain  street*  9C0,  Ml,  962 

proceedings  to  open  and  done,  united   i oi s 

duly  of  commissioner*  in  such  cases   1019 

adjustment  <>i  damages  and  benefits   1020 

Opening  surface  of,  gas,  sewers,  etc.,  in,  to  be  regulated  by  ordinance. .  80 

Parades  in  1939-1942 

on  Sunday   1941 

I'avcincnls.  guttering,  lighting,  eta,  to  be  regulated  by  ordinance   80 

Public  ciics,  whistles,  bells,  etc.,  in,  to  be  regulated  by  ordinance   80 

Powers  of  board  of  health  as  to   585 

Railroads  in  :   1943 

forbidden  in  certain  1944-1940 

Repaying,  when  no  >i-s,  ssment  for,  except  f)ii  petition   875 

when  done  by  city   321 

expense  thereof  provided  for   821 

annual  appropriation  for   194 

Right  of  way  of  firemen  in   444 

Removal  of  ice  and  snow  to  be  regulated  by  ordinance   80 

Restriction  upon  changing  numbers  and  names   80 

Salt,  saltpetre,  etc..  in   1938 

Signs,  urinals,  telegraph  posts,  etc.,  in.  to  he  regulated  by  ordinance. . .  80 

Superintendent  of   317 

Traffic,  etc.,  in,  to  be  regulated  by  ordinance   80 

Tenth  avenue  from,  to  Avenue  Saint  Nicholas,  proceedings  for  laying 

out   339 

Title  to,  north  of  Fifty-ninth  street,  by  whom  acquired   320 

Twenty-third  and  Twenty  fourth  Wards  671,  672,  677,  679 

change  of  grades  in,  when  owners  entitled  to  damages   874 

Use  of,  to  be  regulated  bv  ordinance   86 

Vehicles  to  take  the  right   1933 

When  piers  deemed  to  extend  into   771 

STREETS  AND  ROADS,  bureau  of  *   317 

STREET  COMMISSIONER,  words  wherever  occurring,  what  to  be  taken  to 

mean  :   325 

SUBORDINATES,  list  of,  to  be  published   68 

SUBPOENAS  in  district  courts   1174 

In  superior  court   1370 

In  oyer  and  terminer  and  general  sessions  1511,  1533 

In  special  sessions  1569,  1574 

SUITS  RY  COMMISSIONERS  OF  EMIGRATION.. 2033,2034,20.36,2047,2049,  2051 

SUITS  BY  COMMISSIONERS  OF  PILOTS   2123 

SUITS  FOR  HELLGATE  PILOTAGE   2134 

SUITS  BY  BOARD  OF  11EALTH  616,  617,  622,  637 

SUITS  BY  FIRE  COMMISSIONERS   431 

SURETIES  FOR  GOOD  BEHAVIOR   1401 

•SUMMARY  EXAMINATION  of  officers   60 

SUMMARY  PROCEEDINGS,  in  district  courts  1357-1367 

Marine  Court  has  jurisdiction  of   1211 

SUMMONS: 

Service  of,  in  district  courts   1357 

contents  of   1297 

Served  upon  city   1080 

SUNDAY: 

Amusements  on,  forbidden   2007 

Parades  on   1941 

Sales  on,  may  be  regulated  by  board  of  aldermen  80  (sub.  26) 

SUPERVISORS: 

See  ALDERMEN,  BOARD  OF. 


in  ]))•'.  \ .  si:>, 

Section. 

SUPERVISOR  OF  CITY  RECORD   86,68 

SUPPLEMENTARY  PROCEEDINGS,  jurisdiction  of  common  plena  in. . ,  .  1 168 

SUPERINTENDENT  OF  INCUMBRANCES,  chief  of  bureau  in  department 

of  public  works   817 

SUPERINTENDENT  OF  I. AMPS  AND  OAS,  chief  of  bureau  In  depart- 
ment of  public  works   317 

SUPERINTENDENT  OF  POLICE: 

•»<"  HO  LICK  DKHAKTMKXT.; 

SUPERINTENDENT  OF  REPAIRS  AND  SUPPLIES,  chief  of  bureau  in 

department  of  public  works   817 

SUPERINTENDENT  OF  SCHOOLS: 

.See  SCHOOLS. 

SUPERINTENDENT  OF  STREETS,  chief  of  bureau  in  department  of  pub 

lie  works   317 

SUPERINTENDENT  OF  STREET  IMPROVEMENTS,  chief  of  bureau  In 

department  of  public  works   317 

SUPPLIES,  how  ordered   64 

SUPERIOR  COURT: 

A  court  of  record   1123 

Number  of  judges  of.   1138 

Chief  judge  of,  to  be  appointed   1123 

Clerks,  deputies  and  assistants   1146 

Powers  of  deputies  1146-1 148 

Stenographers  to  be  appointed   1149 

Fees  and  duties  of  stenographers   1160 

Appoint  crier   1151 

salary  of   1151 

Power  of,  as  to  money  paid  into  court   1161 

Yacancies  in  •.   1124 

Fees  of  clerk  r>f   1176 

to  be  accounted  for   1152 

Clerk  and  assistants  of.  may  be  required  to  give  security   1175 

Salary  of  clerks  of   1177 

Appoint  attendants   1153 

Salaries  of  attendants   1177 

When  and  where  held   1172 

Clerks,  number  of   1177 

Clerk's  office,  where   1173 

Process,  how  tested  and  returnable   1174 

Subprnnas  run  through  State   1174 

enforced  by  attachment   1174 

Governor  may  designate,  judge  of,  to  hold  supreme  court   1110 

powers  of  such  judge   1110 

May  order  papers  destroyed  *   1125 

Judges  are  magistrates   1123 

To  whom  warrants  issued  by  addressed   1494 

Jurisdiction  of  1126.  1154,  1166 

Jurisdiction  of  actions  against  several  defendants   1128 

Jurisdiction  of,  presumed   1129 

need  not  be  pleaded   1129 

Want  of  jurisdiction  waived,  unless  pleaded   1129 

Extent  of  jurisdiction   1130 

Has  jurisdiction  of  actions  against  city   1103 

Enforce  mandates  as  in  supreme  court   1130 

Power  of  justices   1180 

Removal  of  actions  from  1132-1134,  1136 

Existing  jurisdiction  continued   1162 

Jurisdiction  of  corporations   1127 

Removal  of  actions  to   1137 

duty  of  clerk  on   1138 

effect  of  j   1139 

When  county  judge  may  make  orders  in  actions  in   1140 

Send  mandates  throughout  State   1141 

Judges  of,  fix  terms   1142 

General  term  held  by  two  judge*   1143 

Special  or  trial  term  held  by  one  judge   1144 


814 


IM'f  X. 


Section. 

SUPERIOR  COURT  (eantimui) 

When  affirmance  hud   1148 

Win  n  i  eargunu;  nt  had   1148 

When  books,  records,  etc.,  of,  may  be  copied   1145 

expense  of  sucfa  copying  .   1 1 45 

Habeas  issued  by   1155 

Bail  taken  by  1156,  1157 

Certiorari  issued  by   1158 

Powers  in  foreclosure  of  lien  on  chattel   115** 

Effect  of  decision  of,  in  construction  of  statute   1160 

Terms  of   1172 

BUPRKM  K  <  Ol'KT: 

Additional  compensation  for  Justices   1108 

May  appoint  stenographers   1114 

Crier  to  he  appointed   1116 

Order  sale  of  pre  emptive  rights  Ill 9—1 122 

May  remove  actions  from  superior  city  court*  1182-1186 

Justice  of,  may  hold  oyer  and  terminer   1508 

Rules  of.  apply  to  district  courts   1426 

May  remove  actions  from  marine  court   1214 

Has  jurisdiction  of  actions  against  city   1103 

When  may  remove  action  to  superior  city  court   1137 

Compensation  of  Justice  from  another  district   1109 

Governor  to  designate  judges  of  superior  and  common  pl<a«tosit  in...  1110 

Powers  of  Judge  so  designated   11 10 

Two  or  more  circuits  of,  held   1111 

What  clerks  authorized   1112 

Attendants  to  he  appointed  :,.   1118 

Salaries,  of  attendants   1113 

Stenographers  of  1114,  1115 

Salaries  of  stenographers   1114 

Crier  of   1116 

Salary  of  crier  of   1116 

Motions  on  notice  in   1117 

Motions  out  of  court   1117 

•  Certiorari  to  tax  commissioners  by   1118 

Order  sale  of  claim  to  pre-emptive  right   1119 

how  sale  conducted  1120-1122 

Justice  of,  examination  of  city  officer  as  to  official  misconduct,  etc., 

before  ."   60 

Authorized  to  allow  amendment  in  pleadings,  etc.,  in  actions  on  ac- 
count of  lands  taken  for  water  supply  »  .  383 

May  enforce  payment  of  tax  '.   857 

When  authorize  land  for  Spuj  ten  Duyvill  improvement  conveyed   893 

SURROGATE : 

Bond  of   1178 

Election  of   1178 

Term  of   1179 

Vacancv,  how  filled   1180 

Salary  of   1181 

Shall  receive  wills  on  deposit   1760 

Fees  of.  belong  to  city   1726 

Appoint  assistants   1727 

salary  of   1727 

ma}*  be  required  to  give  security   1204 

powers  of  :    1182 

to  take  oath   1182 

When  common  pleas  act  as  1183,  1184 

Order  to  act  as  1184,  1185 

Revocation  of  order  to  act  a6   1186 

Report  fees  and  disbursements   1189 

Appoint  clerks   1191 

Citation  of,  how  published   1192 

Appoint  and  remove  stenographer   1193 

Minutes  taken  by  stenographer   1194 

May  order  jury  trial  in  common  pleas  1195,  1198 

How  decree  for  money  enforced   1197 

Discover}'  of  property  withheld  in  absence  of   1202 

To  certify  inability  to  examine  guardian's  accounts   1203 

When  make  order  for  public  administrator   1221 


hfDBX.  S15 

Boctloo, 

SURVEYS  fur  tax  commissioners   81© 

SURVEYOR  OF  TAXB8     M5 


T. 

TAH: 

Quantity  Btored   466 

From  gas-houses,  not  to  be  thrown  in  waters   751 

TAX  ON  FOREIGN  INSURANCE  COMPANIES  522-532 

TAXES,  STATE: 

8a  STATE  TAXES. 

•  TAXI  - 

Apportionment  of   847 

Assessment  for  taxation, 

when  begun   814 

assessment  rolls,  manner  of  making   828 

when  prepared  and  what  to  contain   828 

mode  and  manner  of  making   814 

not  void,  when  not  in  name  of  rightful  owner   818 

erroneous   820 

Books,  tax,  how  kept   818 

Bureau  for  collection  of   125 

Bureau  for  collection  of  arrears  of   125 

Collection  of, 

payment  of,  notice  respecting  841,  845,  846 

paid  personally  to  receiver  of  taxes   839 

interest  added' to  843,  844 

interest  not  to  be  reduced   845 

percentages  on   843 

notice  for  payment  of  845,  846 

list  of,  transmitted  to  clerks  of  arrears   944 

on  incorporated  companies,  manner  of  collecting,  etc  848,  849 

•  deductions  in,  when  made   842 

deficiencies  in,  sum  to  be  inserted  to  cover   880 

not  void,  when  not  in  name  of  rightful  owner   818 

lien  on  real  estate  until  paid  i   915 

when  removed   951 

undivided  pafts  of,  how  paid   847 

part  unpaid  a  lien.   847 

estimated  receipts  to  be  deducted  from  sum  to  be  raised  by  tax. . . .  882 

collected,  paid  over  daily  . .  i   849 

uncollected  from  corporations,  report  of   848 

And  let  RECEIVER  OF  TAXES. 

Deficiency  in,  tax  to  cover   218 

Exemptions  from  taxation, 

class  of  buildings  exempted  ■   827 

conditions  of  exemption   827 

Branch  mint.  I'nited  States, 

land,  building  and  machinery  exempt  from  tax  and  assessment.  926 
Assay  office.  I'nited  States, 

land,  building  and  machinery  exempt  from  tax  and  assessment.  826 
St.  Luke's  Hospital, 

property  of,  exempt  from  tax  and  assessment   824 

Masonic  Asylum, 

real  estate  of,  exempt  from  taxation   824 

Columbia  College, 

real  estate  of,  in  use  for  college,  exempt  from  taxation   824 

Home  for  Incurables, 

real  estate  of,  exempt  from  taxation   824 

House  of  Rest  for  Consumptives, 

real  estate  of,  part  of,  exempt  from  taxation   824 

New  York  Hospital, 

real  and  personal  property  of,  when  exempt  from  taxation   824 

National  Academy  of  Design, 

real  estate  of,  exempt  from  taxation   824 

St.  John's  College  at  Fordham, 

real  estate  of,  exempt  from  taxation   825 


816 


INDEX. 


Section. 

TAXES  (rontinuxf). 

Exemptions  from  ta  xat  ion. 

Friendly  Society  of  St.  Ambrose  Church, 

exemption  from  taxation   824 

Nursery  for  Children  of  Poor  Women   824 

And  mt  KXEMITIOS  WB0U  TAXATION 

Interest  on  844,  918 

Lands  sold  for,  when  taken  possession  of  by  city   93.1; 

Lease,  tax,  presumptive  evidence.   841 

Levy,  tax,  comptroller  to  prepare  e-iimale  for   829 

what  aldermen  to  include  in   830 

Levying  of   212-214 

Officers  neglecting  or  refusing  to  perform  duties  relating  to.  penally  for.  834 
.!««./  mt  RECEIVER  OK  TAXES;  ARREARS,  CLERK  OF. 

Permits  for  buildings,  etc.,  to  In-  reported  to  commissioners  of   828 

Personal  property,  taxes  on,  • 

unpaid  or  in  arrears,  how  recovered   868 

collected  by  distress  anil  sale   '  853 

costs  of,  included  in  collection   854 

erroneous  assessments  on,  bow  corrected   820 

notice  of  sheriff,  etc,  of  sale,  etc   855 

surplus  of  sales  for   856 

when  application  made  to  court  to  enforce  payments  of  tax  on   857 

collection  of,  by  contempt  proceedings   fy,~; 

attorney  for  collection  of,  appointment  of   215 

bond  to  be  given  by   249 

duty  of  860,  862 

w  hen  court  dismiss  proceeding*  to  collect   861 

collected  by  suit   863 

Preferred  lien,  taxes  a   915 

Heal  and  personal  property, 

record  of  valuation  of   817 

when  open  for  examination   817 

notice  of  by  advertisement   817 

when  valuation  to  l">c  increased  or  diminished   819 

when  not  to  he  increased  or  diminished   819 

decision  of  commissioners  respecting,  subject  to  review  821 

assessment  of,  when  to  commence   814 

valuation  of  personal  property  entered  in  books   818 

Real  estate, 

taxes  and  interest  thereon  a  lien  until  paid   915 

assessments  and  charges  thereon,  until  paid,  a  lien   915 

Croton  water  rents  and  interest  thereon,  until  paid,  a  lien   915 

erroneous  assessments  for,  how  corrected   820 

Receiver  of. 

*<•  RECEIVER  OF  TAXES. 

Rebate  on  for  prompt  payment   842 

Redemption  of  lands  sold, 

notices  respecting  941.  943 

publication  and  service  of  941,  944 

affidavit  of  service  of   945 

when  to  be  made   943,  947 

certificate  of  failure  to  redeem   946 

interest  allowed  purchaser   948 

when  pieces  or  parcels  of,  may  be  redeemed  :   942 

mortgagees,  rights  of,  to  redeem  936-940 

Remission  and  reductiou  of  taxes, 

majority  vote  of  commissioners  required  for   822 

how  remitted,  canceled  or  reduced   .820,  822 

Rolls, 

to  be  transmitted  to  aldermen   828 

general  duties  of  aldermen  respecting  828,  831,  832 

when  assessment  rolls  to  be  delivered" to  receiver  of  taxes  831,  833 

warrant  attached  to  831,  833 

in  custody  of  president  of  aldeimen   831 

extending  taxes  on   831 

adding  water  rents  to   831 

non-residents,  real  property  on  •   832 

valuations  on  by  wards   832 

payments  to  be  entered  in  '   850 

names  to  be  stricken  from   861 


* 


INDEX.  M7 

Section. 

TAXES  (oOTitfntftf): 
Rolls. 

water  rents  added  to   923 

arrears  added  l(»  924,  925 

suit's  added  to  924,  925 

assessments  ndded  to  .•   924 

Sale  of  lands  and  tenements  tor  taxes, 

for  non-payment  of  taxes,  assessments  and  water  rents   926 

notice,  manner  and  condition  of  sale  920,  927 

notice  to  owners,  lessees  and  others  of  lands  sold  986.  937,  941 

mortgagees  936,  937,  941 

contents  of  notice   937 

certificate  to  be  delivered  to  purchaser   926 

what  to  contain   928 

registration  of   950 

conveyance  of,  to  purchaser  bj  lease   941 

fees  for  lease  .*.   941 

terms  and  conditions  of   941 

rights  thereunder   941 

sales,  made  by  clerk  of  arrears  *  926.  929 

postponement  of  926,  928 

record  of   953 

h0UB68  and  Lots  contiguous  belonging  to  same  owner  advertised  as 

one  parcel   927 

city  may  purchase  in  absence  of  bidders   931 

when  and  how  assigned   932 

when  lands  conveyed  occupied,  notice  respecting   943 

how  served   944 

proof  Of  service  of,  riled   945 

comptroller  to  certify  service  ".   946 

proceedings  relating  to   946 

redemption  of  934,  940,  941,  947-949 

affidavits  respecting  publication  of  notices  preserved  by  clerk  of 

arrears   954 

And  nee  SALES. 

Unpaid,  reported  by  receiver  of  taxes   922 

TAXES  AND  ASSESSMENTS,  DEPARTMENT  OF: 

One  of  the  departments  of  the  corporation   34 

Head  of^  to  consist  of  a  president  and  two  commissioners   43 

President  of,  member  board  of  estimate  and  aj>portionnient   189 

one  of  the  commissioners  of  accounts   110 

salary  of  *. .  52 

Commissioners  of, 

general  powers  and  duties  of   812 

salary  of  1   52 

terms  of  office  ~.   48 

when  to  strike  names  from  rolls   861 

to  assist  commissioner  of  jurors   1665 

Deputy  tax  commissioners, 

number  and  appointment  of  :   813 

general  powers  and  duties  of.-.   814 

to  give  information  to  assessors   869 

Surveyor. 

appointment  of.  and  duties   815 

new  surveys,  maps,  etc.,  for,  prepared  under  authority  of  alder- 
men  816 

Assessors,  board  of. 

appointment  of,  and  oath  of  office   865 

powers  and  duties  of  865,  866 

Twenty-third  and  twenty-fourth  wards, 

maps  of,  to  made  for  department  of  taxes  and  assessments   816 

maps  and  surveys  of,  to  be  made   816 

TELEGRAPH  COMPANIES: 

Persons  designated  by,  may  be  appointed  policemen   314 

Qualifications,  uniform,  and  pay  of  persons  so  appointed   314 

TELEGRAPH  LINES ; 

Of  fire  department   429 

For  use  of  police   255 


818 


ISDKX. 


Section 

TENEMENT  AND  I.ODOINO  HOISES 

Definition  of   666 

Ventilation  windows  650,  654 

Fire  escapes   651 

Roof*  to  be  kept  in  repair   652 

Stairs,  banisters  anil  railing!  .  ■  ■  .,   652 

Water  closet!  or  privies  653,  654 

Cesspools,  when  allowed   653 

Yard  connected  with  street  or  sewer  gutter   653 

Cellars  not  occupied  as  dwellings   654 

proviso   654 

Boon  of,  cemented   663 

definition  at   666 

Garbage  boxes   656 

Not  to  be  used  for  storage   656 

Horses,  cows,  etc.,  not  to  be  kept  in   656 

To  be  kept  Glean   657 

Owners  and  agents  namM  posted  in   657 

Hoard  of  health,  officers  of.  to  ha\    BOOSM  to   658 

Sick  in.  to  be  reported   658 

Infected,  w  hen  to  be  vacated   659 

(Jut  of  repair,  to  be  vacated   659 

Spaces  between,  on  same  lot   661 

Occupation  of  lot  by,  limited   661 

Rooms,  height  of   662 

Special  ventilation  in  certain   662 

sleeping,  windows  in  650-662 

Windows  •.  650,  662 

Chimneys    >   663 

Ashes  and  rubbish,  receptacles  for   663 

Water  to  be  furnished   663 

Penalties  for  violating  laws  relative  to  , . . . .  665 

Modification  of  laws  relative  to   667 

Overcrowding  in   664 

Janitors  in   664 

Fund,  to  be  annually  appropriated  for  194,  665 

Detail  of  police  for  enforcement  of  provisions  relatiug  to   296 

TENEMENT  HOUSE  FUND: 

Annual  appropriation  for  e>  »   194 

Penalties  paid  over  to   665 

TESTIMONY . 

Taken  de  bene  iu  offenses  against  non-residents  '   1467 

Of  non  resident  witnesses  taken  de  bene   1468 

De  bene  in  emigrant  cases  .'  1469,  1477 

THEATRES  AND  PLACES  OF  AMUSEMENT: 

To  be  regulated  by  ordinance   86 

Injunction  may  be  obtained  against,  for  opening  without  license   2005 

Charitable  and  religious  exhibitions  excepted  from  laws  relating  to   2006 

Certain  societies  excepted   2006 

Children  under  fourteen  years  not  admitted  to   2009 

exception   2009 

penalty  for  violating  provisions  relating  to   2009 

tines  collected  paid  Society  Juvenile  Delinquents   2009 

Licenses  for,  granted  by  mayor  -..1998,  1999 

forfeiture  of  ".  2007,  2011 

revocation  of   2002 

police  arrest  violators   2003 

penalty  fer  not  obtaining   1999 

by  whom  sued  for  '   1999 

to  whom  fee  for,  paid.   2001 

may  be  granted  for  less  than  a  year   2000 

conditions  and  fees   2000 

Not  to  be  opened  for  performances  on  Sunday   2007 

Masquerades  prohibited  in   2008 

penalty  for  violating  law  relative  to   2003 

Liquors  not  to  be  sold  iu   2010 

Female  waiters  not  employed  in  '. . . . .  2010 

penalty  for  violation   2012 

Protection  against  fire  in   454 


INDEX 


819 


Section. 

TICKET  OFFICES: 

For  emigrants  .'   2052 

Tobelleenaed   2052 

Hates  to  be  posted  in   2052 

TICKETS: 

To  emigrants,  sold  only  at  designated  place*   2056 

For  emigrants  2051-2060 

famed  to  emigrants,  whal  to  state  2052,  8060 

To  emigrants,  rates  of   2053 

TRACKS  OF  RAILROADS: 

Salt  on   1938 

Processions  on   1939 

TRANSFER  OF  APPROPRIATIONS   204 

TRANSCRIPTS,  fees  of  county  clerk  for  filing  •   1735 

TREASURER: 

Hoards  may  choose   46 

Of  Westchester  county,  sales  for  taxe,s  by   «930 

TRIAL: 

Notice  of,  ouly  one  needed  ,   1084 

Place  of,  on  indietmei.t  for  nuisance   1441 

Notice  of,  in  marine  court   1210 

TRUST  COMPANIES: 

For  deposit  of  city  moneys,  how  designated   165 

To  pay  interest  on  daily  balances   165 

TURPENTINE,  quantity  stored   456 

TWENTY  FOURTH  WARD,  water  supply  in   351 

And  see  TWKNTY-THIKD  AND  TWKNTY-KOURTH  WARDS. 

TWENTY  THIRD  AND  TWENTY-FOURTH  WARDS: 

Maps  of  territory  in  •.   679 

Provision  for  cost  of  making  maps  of   197 

Stock  issued  on  account  of  streets,  etc.,  in   140 

Streets,  etc.,  in,  under  control  of  department  of  parks  671-674 

acquiring  lands  for   677 

Certificates  of  lands  sold  for  taxes  in   93IJ 

Assessments  for  change  of  grades  in  • ' "    874 

Laying  out  streets,  etc.,  in   957 

Plans  for  bridges  and  tunnels  iu   957 

Acquiring  title  to  lands  in   958 

Streets,  etc.,  in,  remain  under  park  department  r   959 

Buildings  in   500 

Assessments  in   920 


TX. 

UNCLAIMED  LANDS,  city  to  take   935 

UNDERTAKERS; 

Names  and  residences  of  persons  buried  by,  to  l>e  reported  to  public 

administrator   246 

penalty  for  failing  to  report   346 

UNDERTAKINGS,  by  corporation  in  legal  proceedings   248 

UNEXPENDED  BALANCES: 

Weekly  statement  of   123 

Transfer  of   207 

UNION  AID  SOCIETY.  LADIES',  property  exempt  from  taxation   824 

UNION  HOME  AND  SCHOOL,  per  capita  allowance  to   191 

UNITED  STATES 

May  lay  water  pipes,  etc.,  to  Governor's  Island   754 

Buoys  placed  by,  mooring  to,  prohibited   755 

Harlem  river  improvement,  land  for,  to  be  ceded  to  183,  894 

Post  office  site,  land  adjoining,  to  be  conveyed  to   185 

Jurisdiction  ceded  to   1633 


*20 


no>Bx. 


B<  ctioD. 

UNSAFE  BUILDINGS 

Sit  BUILLIMJK 

UKINALK: 

Erection  of   847 

Maintenance  of   847 

Penalty  for  defacing  or  damaging  347,  145i 


"V. 

VACATING  ASSESSMENTS    897-905 

VACANCIES: 

In  city  offices,  how  filled..  . .  ,   106 

In  oflice  of  register   1788 

VACCINATION: 

Set  HEALTH.  DEPARTMENT  OF. 

VAGRANTS: 

When  to  he  commuted  on  own  request   412 

When  committed  to  city  prison   1499 

Committed  us  inebriates,  may  he  detained  al  labor   418 

Who  are   1464 

Committal  of   1465 

To  be  examined   1465 

Where  record  of,  tiled   1568 

Term  of  imprisonment   1465 

How  discharged   1564 

When  discharged   414 

Lodgings  provided  for   258 

Children,  committal  of,  as  1594-1682 

And  tee  CHAKITIES  AND  CORRECTION,  DEPARTMENT  OF. 

VAGRANCY: 

Record  of  commitment  of,  to  be  tiled   1563 

form  of   1563 

How  those  committed  for,  discharged  ,   1564 

VALUATION,  for  taxes  818,  820 

VALUATIONS,  certificate  of,  transmitted  to  State  comptroller   832 

VAULTS,  cisterns,  etc.,  to  be  regulated  by  ordinance   86 

VETO  OF  MAYOR  '   75 

VESSELS: 

Masters  of,  to  give  correct  information  to  pilots,   2111 

Certain  passengers  mainiained  at  expense  of   2064 

Owners,  masters,  etc.,  of,  to  provide  for  sick  persons. . .'   2064 

Masters  of,  to  report  certain  passengers   2064 

Actions  by  and  against  masters  and  owners  of,  in  marine  court   1210 

During  fogs,  rides  for   758 

To  be  boarded  onlv  by  consent   2070 

Runners  not  allowed  on  2035,  2039 

Where  to  land  emigrants  '. . .,,  2032,  2033 

Regulations  concerning  fire  and  lights  on   460 

exceptions   460 

penalties  for  violating   460 

When  to  be  removed  by  dock  department   723 

by  health  department   542 

Sickness  on,  to  be  reported   612 

penalty  for  omission   628 

When  emigrants  detained  on   2064 

Iron,  lead,  etc.,  how  unloaded  from   783 

Certain  piers  set  apart  for  regular  lines  of  786-788,  793-796 

Regulations  for  discharge  of  loose  material  from   782 

At  anchor  in  night  time,  lights  on   755 

penalty  for  violation   766 

Not  to  moor  to' buoys  '.   75o 

And  ««•  HARBORS :  PUSR8;  WHARFAGE. 


IM)KX.  82] 

Section 

VICE,  ordinances  for  suppression  of,  may  be  enacted   86 

VICTUALING  IIOl'SES,  board  of  aldermen  may  provide  for  regulation  and 

licensing  of   86 

VOTERS,  registry  of,  printed  in  City  Record  »  67 

VOTES,  canvass  of,  to  be  published   68 

And  *«  KIJXTIONS. 

VOUCHERS  for  payments  from  treasury  Ii3.  164 


WAGES,  may  lie  paid  on  pay  roll*  •.   138 

WALL  STREET,  elevated  railroads  forbidden  in   1944 

WARDS: 

Boundaries  of   2-25 

Twenty-third  and  TwcnU -fourth. 

See  TWENTY-THIRD  AND  TWENTY-FOURTH  WARDS. 

WARDEN'S  OF  PRISON,  to  pay  over  lines  with  sworn  returns   1558 

WARRANTS 

Drawn  on  treasury,  how  signed,  countersigned  and  paid  123,  164 

For  unpaid  personal  taxes  853,  854 

WASHINGTON  SQUARE: 

To  be  preserved  as  a  park   684 

Street  through,  under  charge  of  department  of  public  works   318 

WATER,  gas,  tar,  and  refuse  not  to  be  thrown  in   751 

And  let  HARBOR. 

WATERS  OF  THE  BAY,  jurisdiction  over   1442 

WATER  PIPES,  to  Governor's  Island   754 

WATER  PURVEYOR,  chief  of  bureau  in  department  of  public  works   317 

WATER  REGISTER,  chief  of  bureau  in  department  of  public  works   317 

WATER  RKNTS: 

Rate  of  interest  charged  on.  unpaid   918 

Lien  on  property  until  paid  915,  923 

how  removed   951 

List  of  unpaid,  to  be  prepared   921 

sent  to  clerk  of  arrears   921 

Unpaid,  reported  by  receiver  of  taxes   922 

added  to  tax-rolls   923 

Bureau  for  collection  of  arrears  of   125 

Sales  for. 

.sv«  SALES. 

WATER  SUPPLY: 

Duties  and  powers  of  department  of  public  works  as  to  procuring  and 

distributing  3*0-384 

Rents,  establishment  of   350 

when  subject  to  additional  charge  for  non-payment   353 

Twenty-fourth  ward,  supply  of   351 

Meters,  whereto  be  placed   352 

Patent  hydrants,  etc.,  use  of   354 

Notice  on  permits,  to  authorize  exaction  of  penalties  ,  355 

Extending  and  enlarging  distribution   856 

amount  which  may  be  annually  expended  therefor   356 

Croton  lake  and  waters,  care  of   357 

no  offensive  matter  to  be  thrown  or  deposited  iu   362 

aqueduct  anil  works,  inspection  and  repairs   357 

Lands  in  Westchester  county  for  '.   358 

fences  upon,  erection  and  maintenance  of   359 

Reservoir  iu  South  East,  roads  around  to  be  repaired  and  maintained. .  360 

Lands  for  reservoirs,  etc.,  where  and  how  taxed   361 

Iujury  to  water  works,  etc.  /  a  misdemeanor   363 


Section. 

WATER  SUPPLY  (.-onUnutd): 

Lands  for,  and  water-rights,  titje  to  acquired  by  ocmimtssioinH  of  public 

WOrkt  for  corporation   864 

surveys  of,  to  be  made   366 

in  case  of  dispute,  title  to  be  acquired  by  special  proceedings   866 

Proceedings  for  acquiring  title  to  land*  for  367,  368,  378 

in  cane  of  defective  title   874 

when  land  is  retted  in  person  not  competent  to  act   376 

in  case  of  land  already  taken   377 

Commissioners  of  land  olliee  empowered  ic>  convey  state  lands   875 

Damages  for  land  acquired,  right  to  trial  by  jury  for,  not  abrogated. ...  378 

Term  real  estate  construed  ,  ;   87» 

Reservoirs,  dams,  etc.,  construction  of,  to  prevent  waste   380 

Reservation  of  certain  rights  in  waters  acquired   380 

Commissioners   for  acquiring   lands,  how   may  act  in  caw-  of  several 

claims  381,  882 

Actions  on  account  of  lands,  where  to  be  brought   383 

pleadings,  etc.,  in,  how  amended   883 

Right  to  use  of  land  under  highway*  for   384 

Annual  appropriation  for  extending  distribution  of   194 

Weal  estate  acquired  for.  how  paid  for   141 

Construction  of  works  for.  how  paid  for  .*   141 

WATER-WORKS,  may  be  protected  by  ordinance  86  (sub.  37) 

WEIGHTS  AND  MEASURES: 

Ordinances  in  relation  to,  may  be  passed  86  (sub.  21) 

Inspectors  and  sealers  of,  to  be  nominated  by  mayor   106 

number  of   106 

may  be  regulated  by  ordinance   87 

WELLS  AND  PUMPS,  making  of,  and  expenses   884 

WESTCHESTER  COUNTY: 

Lands  in,  acquired  for  water  supply   358 

fences  upon,  erection  and  maintenance  of   359 

Certificates  of  lands  sold  for  taxes  in   933 

WHARFAGE: 

Rates  of,  for  vessels  generally   798 

for  oyster  boats.   799 

for  canal  boats   800 

for  boats  freighting  brick   800 

for  goods  remaining  on  pier   801 

Bills  for,  law  to  be  printed  on. . . .  .•   802 

When  to  be  regulated  by  dock  department  •   716 

WHARF  PROPERTY : 

See  DOCKS.  DEPARTMENT  OF.  and  HARBOR. 

WHARVES. 

Designated  for  steamboats  716,  793,  772 

for  canal  boats  786,  789 

for  certain  vessels   786 

Derricks  erected  on   790 

Kept  clean  "  775,  776,  784 

A  nd  MM  DOCKS,  DEPARTMENT  OF.  and  HARBOR. 

WIDENING  STREETS: 

See  STREETS,  etc.,  OPENING  OF. 

WILLS: 

May  be  deposited  with  register  1758,  1760 

#       to  whom  delivered   1761 

WINDOWS,  penalties  for  injuring  1953-1956 

WITNESSES: 

Examined  de  bene  in  offenses  against  non-residents   1467 

Non-residents  examined  de  bene   1468 

House  of  detention  for   253 

In  emigrant  cases,  examined  de  bene  2057,  2063 

Committed  in  default  of  bail,  -where  sent   253 

WOMEN'S  LIBRARY,  exempt  from  taxation   824 


INDEX. 


bL>3 


Hcalion. 


WORDS: 

Meaning  and  construction  of  certain; 

cellar   666 

city  hall   1078 

election   1928 

graduates  Of  pharmacy:   2017 

in  provisions  relating  to  district  courts   1437 

licentiates  in  pharmacy   2017 

lodging-house   666 

nuisance   636 

place,  matter  or  thing   600 

poor   210 

port  and  harbor   761 

port  of  New  York   803 

real  estate  ,   879 

tenement-house   666 

vagrants   1464 

wharf  property   724 

WORK,  when  ordered  by  three-fourths  vote   64 

WORK  AND  SUPPLIES  FOR  CORPORATION 

Involving  expenditure  of  one  thousand  dollars,  to  be  done  and  fur- 
nished bv  contract   64 

Involving  expenditure  of  less  than  one  thousand  dollars,  done  and  fur- 
nished by  head  of  department.   64 

WORKHOUSE  898-402 

And  see  CHARITIES  AND  CORRECTION,  DEPARTMENT  OF. 

WORKING  WOMEN'S  SUITS,  costs  in   1424 

Execution  on  judgment  in   1405 


3T. 

YARDS,  CELLARS,  etc.,  tilling  up  and  draining   661 

YOUNG  MEN'S  CHRISTIAN  ASSOCIATION,  exemption  from  taxation. . .  824 


m 

ZOOLOGICAL  GARDEN  IN  PARK: 

Establishment  and  maintenance  of   694 

Admission  to   695 


